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Gold mining company faces multiple legal challenges after Yukon ore slide

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WHITEHORSE – The company that owns a Yukon gold mine that was the site of what the nearby First Nation has called an “environmental catastrophe” is facing a litany of legal challenges in Yukon, Ontario and British Columbia.

Both the Yukon government and the First Nation of Na-Cho Nyak Dun have filed documents in separate courts seeking the appointment of a receiver over Victoria Gold and its Eagle Gold mine.

A Vancouver-based law firm has also filed a proposed securities class-action lawsuit against Victoria Gold, alleging the company made misleading statements regarding the safety and environmental practices at the mine, particularly concerning its heap leach facility.

A collapse at the facility on June 24 led to a slide of cyanide-contaminated ore, releasing millions of litres of cyanide solution used in the gold extraction process.

A statement from Victoria Gold says it has been served with an application by the territorial government seeking the receivership and “related relief” after the failure, but it makes no mention of the First Nation’s application or the class-action.

The company says in the statement that it intends to oppose Yukon’s application served after the close of markets on Tuesday.

Na-Cho Nyak Dun Chief Dawna Hope told a news conference Wednesday that Victoria Gold is failing to do what is needed to protect land and water from the cyanide.

“This is unacceptable. Immediate steps are needed to address the millions of litres of toxic cyanide and other contaminants spreading from the mine site,” she said.

“Every mitigation measure must be implemented to protect the lands, waters, fish, wildlife and the people impacted by this disaster. We have no confidence that Vic Gold is in a financially stable enough position to repair the environmental damages its failures have caused.”

Yukon officials have said some water samples taken downstream have shown cyanide levels that “significantly exceed” guidelines for aquatic life.

Brendan Mulligan, a senior Yukon government scientist, told a briefing last week that “clear evidence” of groundwater contamination had also been found, though samples with the highest concentrations of cyanide were being “contained on-site.”

Health officials have said that contamination does not impact drinking water.

Hope said the court action is the only way the First Nation can ensure the steps necessary to mitigate the disaster are being taken.

The nation says it believes the matter will need to be before a court in Yukon, but it supports the territorial government’s application, which was filed in Toronto where Victoria Gold’s corporate office is located.

The First Nation’s petition in Yukon Supreme Court says the disaster is still unfolding and is impacting “the inherent, constitutional and treaty rights” of the First Nation.

It says the company’s attempts to contain the cyanide have been inadequate and it has refused to comply with government orders.

It says the company owes the First Nation more than $750,000 in royalty payments owed under the agreement that permits the mine to operate.

Victoria Gold CEO John McConnell did not immediately respond to a request for comment on the multiple court actions.

None of the allegations have been proven in court and the company has yet to file a defence.

The mine is located about 400 kilometres north of Whitehorse, on the traditional territory of the Na-Cho Nyak Dun, which has called multiple times for Victoria Gold to be removed from managing the cleanup.

Bill Slater, an environmental consultant working with the First Nation, told the news conference that there is not enough storage at the mine to contain the contamination and that water treatment has been ineffective.

Earlier this month the Yukon government said 68 dead fish were found following a discharge of treated water from the site.

“The lack of effective water treatment also means that existing storage on site is almost full. That includes the dynamic storage that they created by starting to pump solution back onto the heap again on July the 14th,” he said.

“If not addressed, this lack of storage could lead to discharge of contaminated solution directly.”

The nation has previously called for a public inquiry to look into “failures that caused this catastrophe and ensure it never happens again.”

Slater said the government has ordered the company to build more groundwater collection wells, but that has not happened.

A spokesperson for the Yukon government said its application, being heard in the Ontario Superior Court of Justice, won’t be made public until after the hearing on Wednesday.

— By Ashley Joannou in Vancouver

This report by The Canadian Press was first published Aug. 14, 2024.

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Suspicious deaths of two N.S. men were the result of homicide, suicide: RCMP

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Nova Scotia RCMP say their investigation into two suspicious deaths earlier this month has concluded that one man died by homicide and the other by suicide.

The bodies of two men, aged 40 and 73, were found in a home in Windsor, N.S., on Sept. 3.

Police say the province’s medical examiner determined the 40-year-old man was killed and the 73-year-old man killed himself.

They say the two men were members of the same family.

No arrests or charges are anticipated, and the names of the deceased will not be released.

RCMP say they will not be releasing any further details out of respect for the family.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.



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Turning the tide: Quebec premier visits Cree Nation displaced by hydro project in 70s

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For the first time in their history, members of the Cree community of Nemaska received a visit from a sitting Quebec premier on Sunday and were able to share first-hand the story of how they were displaced by a hydroelectric project in the 1970s.

François Legault was greeted in Nemaska by men and women who arrived by canoe to re-enact the founding of their new village in the Eeyou Istchee James Bay region, in northern Quebec, 47 years ago. The community was forced in the early 1970s to move from its original location because members were told it would be flooded as part of the Nottaway-Broadback-Rupert hydro project.

The reservoir was ultimately constructed elsewhere, but by then the members of the village had already left for other places, abandoning their homes and many of their belongings in the process.

George Wapachee, co-author of the book “Going Home,” said community members were “relocated for nothing.”

“We didn’t know what the rights were, or who to turn to,” he said in an interview. “That turned us into refugees and we were forced to abandon the life we knew.”

Nemaska’s story illustrates the challenges Legault’s government faces as it looks to build new dams to meet the province’s power needs, which are anticipated to double by 2050. Legault has promised that any new projects will be developed in partnership with Indigenous people and have “social acceptability,” but experts say that’s easier said than done.

François Bouffard, an associate professor of electrical engineering at McGill University, said the earlier era of hydro projects were developed without any consideration for the Indigenous inhabitants living nearby.

“We live in a much different world now,” he said. “Any kind of hydro development, no matter where in Quebec, will require true consent and partnership from Indigenous communities.” Those groups likely want to be treated as stakeholders, he added.

Securing wider social acceptability for projects that significantly change the landscape — as hydro dams often do — is also “a big ask,” he said. The government, Bouchard added, will likely focus on boosting capacity in its existing dams, or building installations that run off river flow and don’t require flooding large swaths of land to create reservoirs.

Louis Beaumier, executive director of the Trottier Energy Institute at Polytechnique Montreal, said Legault’s visit to Nemaska represents a desire for reconciliation with Indigenous people who were traumatized by the way earlier projects were carried about.

Any new projects will need the consent of local First Nations, Beaumier said, adding that its easier to get their blessing for wind power projects compared to dams, because they’re less destructive to the environment and easier around which to structure a partnership agreement.

Beaumier added that he believes it will be nearly impossible to get the public — Indigenous or not — to agree to “the destruction of a river” for a new dam, noting that in recent decades people have come to recognize rivers as the “unique, irreplaceable riches” that they are.

Legault’s visit to northern Quebec came on Sept. 15, when the community gathers every year to remember the founding of the “New Nemaska,” on the shores of Lake Champion in the heart of the boreal forest, some 1,500 kilometres from Montreal. Nemaska Chief Clarence Jolly said the community invited Legault to a traditional feast on Sunday, and planned to present him with Wapachee’s book and tell him their stories.

The book, published in 2022 along with Susan Marshall, is filled with stories of Nemaska community members. Leaving behind sewing machines and hunting dogs, they were initially sent to two different villages, Wapachee said.

In their new homes, several of them were forced to live in “deplorable conditions,” and some were physically and verbally abused, he said. The new village of Nemaska was only built a few years later, in 1977.

“At this time, families were losing their children to prison-schools,” he said, in reference to the residential school system. “Imagine the burden of losing your community as well.”

Thomas Jolly, a former chief, said he was 15 years old when he was forced to leave his village with all his belongings in a single bag.

Meeting Legault was important “because have to recognize what happened and we have to talk about the repercussions that the relocation had on people,” he said, adding that those effects are still felt today.

Earlier Sunday, Legault was in the Cree community of Eastmain, where he participated in the official renaming of a hydro complex in honour of former premier Bernard Landry. At the event, Legault said he would follow the example of his late predecessor, who oversaw the signing of the historic “Paix des Braves” agreement between the Quebec government and the Cree in 2002.

He said there is “significant potential” in Eeyou Istchee James Bay, both in increasing the capacity of its large dams and in developing wind power projects.

“Obviously, we will do that with the Cree,” he said.

This report by The Canadian Press was first published Sept. 16, 2024.



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Quebec premier visits Cree community displaced by hydro project in 1970s

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NEMASKA – For the first time in their history, members of the Cree community of Nemaska received a visit from a sitting Quebec premier on Sunday and were able to share first-hand the story of how they were displaced by a hydroelectric project in the 1970s.

François Legault was greeted in Nemaska by men and women who arrived by canoe to re-enact the founding of their new village in the Eeyou Istchee James Bay region, in northern Quebec, 47 years ago. The community was forced in the early 1970s to move from their original location because they were told it would be flooded as part of the Nottaway-Broadback-Rupert hydro project.

The reservoir was ultimately constructed elsewhere, but by then the members of the village had already left for other places, abandoning their homes and many of their belongings in the process.

George Wapachee, co-author of the book “Going Home,” said community members were “relocated for nothing.”

“We didn’t know what the rights were, or who to turn to,” he said in an interview. “That turned us into refugees and we were forced to abandon the life we knew.”

The book, published in 2022 by Wapachee and Susan Marshall, is filled with stories of Cree community members. Leaving behind sewing machines and hunting dogs, they were initially sent to two different villages, 100 and 300 kilometres away, Wapachee said.

In their new homes, several of them were forced to live in “deplorable conditions,” and some were physically and verbally abused, he said. The new village of Nemaska was only built a few years later, in 1977.

“At this time, families were losing their children to prison-schools,” he said, in reference to the residential school system. “Imagine the burden of losing your community as well.”

Legault’s visit came on Sept. 15, when the community gathers every year to remember the founding of the “New Nemaska,” on the shores of Lake Champion in the heart of the boreal forest, some 1,500 kilometres from Montreal. Nemaska Chief Clarence Jolly said the community invited Legault to a traditional feast on Sunday, and planned to present him with Wapachee’s book and tell him their stories.

Thomas Jolly, a former chief, said he was 15 years old when he was forced to leave his village with all his belongings in a single bag.

Meeting Legault was important “because have to recognize what happened and we have to talk about the repercussions that the relocation had on people,” he said, adding that those effects are still felt today.

Earlier Sunday, Legault had been in the Cree community of Eastmain, where he participated in the official renaming of a hydro dam in honour of former premier Bernard Landry.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.



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