Kamloops Councillor Claims Ajax Open-Pit Mine Application Violates Canadian Charter

Just over a hill, beyond the rolling grasslands that flank Kamloops, there’s a looming problem that could upend the lifestyle of neighbourhoods on the outskirts of the city and, after years of debate about whether a massive open-pit mine would be a good neighbour, one city councillor is appealing to the provincial government to suspend the process, claiming it might violate Canada’s Charter of Rights and Freedoms.

The proposal for a gold and copper mine less than three kilometres from a school and even closer to homes, with a tailings pond and dam sitting above a city of 90,000 people, has divided Kamloops residents and city council since an application for the Ajax mine was made by Polish mining company KGHM Polska Miedz more than six years ago.

Many of those living closest to the planned urban mine worry about the proximity of the tailings pond — a concern exacerbated by the disastrous 2014 Mount Polley tailings pond breach — and believe that, despite promised mitigation measures, toxic dust will be carried by prevailing winds that blow from the direction of the mine over their homes and that slope stability and watersheds could be affected.

The mine is too close and too big, said several residents of the nearest neighbourhood.

“We live just underneath the hill and the footprint of the mine is going to be so huge,” said Helen Newmarch, who has lived in the Aberdeen subdivision for almost 30 years.

“It’s not just the pit, it’s the immense tailings pond. It’s right on top of the Pearson Creek aquifer, which runs into the Thompson River,” said Newmarch, who chairs the Aberdeen Neighbourhood Association.

Site of the proposed Ajax Mine. Photo: Carol Linnitt/DeSmog Canada

The Thompson is on the migratory route of the legendary Adams River sockeye salmon run.

On the opposite side are Ajax supporters who point to the prospect of 500 well-paying, full-time jobs, 1,800 temporary jobs during construction, an estimated $84-million in annual tax revenue and continued company financial support for community activities.

The two viewpoints are reflected in the makeup of council with four members adamantly opposed to the mine and four councillors and Mayor Peter Milobar taking a wait-and-see attitude until KGHM responds to concerns.

The company made changes to its plans following the public input phase of the Environmental Assessment process and then asked the provincial government to put the provincial and federal Environmental Assessment process on hold to allow time for KGHM to respond to more than 2,000 questions raised by the public, First Nations and the province.

The B.C. Environmental Assessment Office will not restart the 180-day review time frame until it has been determined that the company has provided adequate responses.

Kamloops has a history of mining — although no other mines are as close to the city as the KGHM proposal — and, according to Mayor Peter Milobar the discussion centres on whether it’s an appropriate location for a mine rather than a classic industry versus environment battle.

“The proximity is pretty daunting,” said Randy Sunderman, whose Aberdeen neighbourhood home is about 2.4 kilometres from the mine site.

“It’s not only close, but it’s on the top of the hill so our first concern is around slope stability, we have a lot of underground streams around here.”

Proposed layout of the Ajax Mine. Image: Canadian Environmental Assessment Agency

The mine is going to be three kilometres long and one-and-a-half kilometres wide so there is likely to be constant vibration from blasting, Sunderman said.

“There is a lot of concern about how this is going to affect property values.”

However, yea-or-nay power lies with the federal and provincial governments, which is why, if the project is approved, the city wants a community benefits agreement with the company, possibly written into the permit.

“We are working with KGHM on what an agreement would look like if they were to get permitted and what sort of commitments they are willing to make to the community,” Milobar said.

But, Councillor Denis Walsh, one of the opponents, wants a stronger approach and has unilaterally written to Premier Christy Clark asking her to suspend the permitting process, claiming that fundamental flaws “may well constitute an abuse of fair process contrary to Canada’s Charter of Rights and Freedoms.”

Walsh said plans to build a massive tailings pond above the city violate principles of natural justice.

“This is a direct threat to the lives and security of the persons living below,” he wrote.

“I remind you of the catastrophic failure of the Mount Polley tailings pond dam two years ago and point out that the proposed Ajax mine tailings pond is to be approximately five times larger than Mount Polley, even with proposed adjustments for thickened tailings and reduced water content. We can only imagine the dire consequences had there been a city of 90,000 residents just below Mount Polley dam.”

Walsh also criticized the province for ignoring the recommendation of Auditor General Carol Bellringer to separate mine oversight from the ministry that issues permits and wrote “the ability of the mines and environment ministries to monitor and enforce safe mining practices is a proven failure that must be corrected and for you to arbitrarily continue to ignore this reality is an abuse of fair process with the very large potential to harm Kamloops residents.”

Energy and Mines Minister Bill Bennett did not respond to DeSmog Canada’s questions about the process or timeframe.

For First Nations in the area, concerns are cultural as well as practical and the Skeetchestn and Tk’emlups bands, members of the Shuswap (Secwepemc) Nation Tribal Council, have undertaken their own assessment of the project.

The mine would be built on unceded traditional territory, said band spokesmen.

Known as Pipsell to the Secwepemc people, Jacko Lake is the site of "The Trout Children" story from local First Nations oral history. Photo: Carol Linnitt

“We are hoping by December to have a position to take forward to the provincial and federal ministers on where we stand in relation to the Ajax mine,” said Skeetchestn Chief Ron Ignace.

As in the larger community, there are differing viewpoints, but Ignace said community members have serious concerns, such as air pollution, the loss of grassland when there is only one per cent of the grassland ecosystem left, and the amount of water the mine would use.

“That one mine would use the same amount of water that the City of Kamloops uses,” he said.

Last year Skeetchestn and Tk’emlups filed a rights and title claim in B.C. Supreme Court to Jacko Lake and the surrounding area, part of the proposed mine site.

“We called upon the federal and provincial governments to do a declaration of title and both refused, so we have done our own declaration of title to force the governments to deal with us more seriously,” Ignace said.

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— DeSmog Canada (@DeSmogCanada) October 12, 2016

To add weight to their case, some band members are hoping to meet with the Polish government, which holds a 32 per cent stake in KGHM, to remind them that Poland signed the UN Declaration on the Rights of Indigenous Peoples.

“We are calling on them to respect the requirement of free, prior and informed consent regarding any decision around Jacko Lake,” Ignace said.

Jacko Lake, known as Pipsell to the Secwepemc people, is the site of the First Nations oral history story known as “The Trout Children” which sets out the need for protocol and stewardship of the land.

Meanwhile, mine opponents such as Newmarch and Walsh are concentrating on B.C. politicians.

However, it is difficult to get their attention and it is getting more complicated with a provincial election brewing, especially as Mayor Milobar is in the running for a Liberal nomination, Newmarch said.

“It is really hard to say with any confidence where our government stands on this,” she said.

KGHM donated $57,000 to the Liberals and $800 to the NDP between March 2013 and November 2015.

Walsh wants all governments to act on the precautionary principle and, if necessary, enshrine best practices in the permit.

“This is so unique. It’s the first urban mine in B.C. and we need to have safeguards,” he said.

“I can’t see this being decided before the election.”

Image: KGHM Old Afton mine via KGHM website