Ore material at the mine site that has moved towards Dublin Gulch valley. Photo: Yukon Government
Yukon Premier Ranj Pillai said his government isn’t prepared to halt all mining activity on the First Nation of Na-Cho Nyäk Dun’s (FNNND) traditional territory – though it is willing to grant some of the First Nation’s requests.
In late June, Victoria Gold’s Eagle Gold mine experienced a heap leach failure allowing cyanide to be released into the surrounding environment.
On July 3, the First Nation released a statement demanding the government stop all exploration and mining activities in its traditional territory.
In a statement released Aug. 5, Pillai said he responded to Chief Dawna Hope four weeks later on July 31.
“The scope and nature of FNNND’s request to halt all exploration and mining activities on their Traditional Territory has significant legal and economic consequences,” he said.
“The Yukon government is not prepared to halt all existing, permitted mineral development activities in FNNND’s Traditional Territory.”
The statement notes mining companies’ ability to operate in the territory is protected under federal and territorial legislation, as well as the Umbrella Final Agreement (UFA).
The UFA sets provisions for individual First Nations’ with Final Agreements.
“Acting on the request from FNNND to stop all exploration and mining activities on FNNND Traditional Territory would require the Government of Yukon to take actions not contemplated in the statutes born of the Umbrella Final Agreement, such as the Yukon Environmental and Socio-economic Assessment Act (YESAA) or the Waters Act,” he said.
Pillai said the statues ensure mining activity in the territory is conducted in a way that considers environmental protection, socio-economic impacts, and Aboriginal and treaty rights.
“The consequences of (halting mining activity) would be significant, with serious and far-reaching consequences for all Yukoners,” he said.
The government open to other requests
However, Pillai said his government was open to FNNND’s request to halt the staking of new mineral claims.
It proposed applying a prohibition of entry on new staking claims in areas of cultural and environmental importance “where mining would be an incompatible activity.”
Pillai also said the government has agreed to pause existing consultation processes and not commence new consultations within FNNND’s traditional territory for two months. The pause would not include decisions made on applications that FNNND has already been consulted on and are almost closed.
Pillai said the government has further committed to not licensing another heap leach facility in the territory until an independent review board on the incident is formed.
Dead fish found downstream
The government put out a separate release Tuesday stating Victoria Gold employees discovered dead fish in Haggart Creek downstream of the mine on Aug. 2.
The company has since stopped discharging water from the mine water treatment plant and fish were collected for future testing.
No additional dead fish have been found.
The release said activities other than fishing that result in the death of fish are prohibited under the federal Fisheries Act. It also noted the department of Fisheries and Oceans (DFO) is aware of the incident and has ordered mitigation measures for Victoria Gold.
Over the weekend it instructed the company to construct fish barriers in various areas along Haggart creek upstream and downstream of the discharge location.
The territory’s department of environment is collecting daily water samples from locations along Haggart creek and downstream of the mine. It said results will be made public once available.
Representatives for FNNND said the First Nation will be speaking with media later this week.
