NEW PROSPERITY GOLD COPPER MINE PROJECT FEDERAL REVIEW PANEL CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY AGENCE CANADIENNE D'ÉVALUATION ENVIRONMENTALE HEARING HELD AT Dog Creek Community Centre 15 Dog Creek Road, Dog Creek, British Columbia Wednesday, August 21, 2013 Volume 21 FEDERAL REVIEW PANEL Bill Ross Ron Smyth George Kupfer International Reporting Inc. 41-5450 Canotek Road, Ottawa, Ontario K1J 9G2 www.irri.net 1-800-899-0006 (ii) TABLE OF CONTENTS / TABLE DES MATIERES PAGE Opening remarks by Chief David Archie 4 Opening remarks by Panel Chair 6 Presentation by Taseko 15 Presentation by Chief David Archie 59 Presentation by Chief Bev Sellars 85 Presentation by Tina Sellars 101 Presentation by Jacinda Mack 109 Presentation by Donna Dixon 119 Presentation by Sandra Archie 132 Presentation by David Archie 141 Presentation by Chief Ann Louie 149 Presentation by Virginia Gilbert 159 Presentation by Heather Mckenzie 162 Presentation by Patrick Harry 164 Presentation by Chief Mike Archie 165 Presentation by Allan Adams 170 Presentation by Patrick Harry 181 Presentation by Devon Hancock 203 Presentation by Harold Harry 208 3 1 (iii) 2 TABLE OF CONTENTS / TABLE DES MATIERES 3 PAGE 4 Presentation by Joyce Harry 219 5 Presentation by Linda Harry 233 6 Presentation by Virginia Robbins 237 7 Presentation by Linda Smith 241 8 Closing remarks by Taseko 241 9 Closing remarks by Panel 258 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 Dog Creek, British Columbia 2 --- Upon commencing at 10:11 a.m. 3 --- Opening ceremony. 4 OPENING REMARKS BY CHIEF DAVID ARCHIE: 5 CHIEF ARCHIE: I'd like to 6 welcome our Chiefs, our community members, our 7 honoured guests, our visitors. Welcome to 8 Stswecem'c, Xgat'tem. Welcome to Secwepemc. 9 On behalf of our community, I'd 10 like to extend our hands in welcoming a good day 11 today, welcoming open hearts, open minds and good 12 words. 13 So, from that, we'll move into 14 the day. And thank you all for being here and we 15 look forward to what the day brings. 16 CHAIRPERSON ROSS: Thank you, 17 very much, Chief Archie. Good morning, everyone. 18 Welcome to the community hearing session within 19 Stswecem'c, Xgat'tem regarding Taseko Mine's 20 proposed New Prosperity Gold Copper Mine. 21 Our great appreciation to the 22 Stswecem'c, Xgat'tem First Nations within whose 23 traditional territory we are holding this hearing 24 today and for the warm welcome and the opening 25 ceremony that you have given us. At this time we 5 1 have a modest gift for Chief David Archie and band 2 council as well as for elders. 3 --- Gift presentation from Panel. 4 CHAIRPERSON ROSS: I understand 5 Taseko also has some gifts for Chief Archie. 6 --- Gift presentation from Taseko. 7 CHAIRPERSON ROSS: I'll now 8 introduce the Panel. My name is Bill Ross. On my 9 right is George Kupfer. On my left is Ron Smyth. 10 Secretariat members, I believe all behind me, are 11 Livain Michaud, Jason Patchell, Joanne Smith, 12 Maryléne Cormier, and Courtney Trevis. Our 13 staff -- I see they're not all behind me. 14 Our staff are identified with 15 name tags and they will be able to assist you with 16 any logistics or process-related questions you 17 might have. At this time, Chief Archie, would you 18 like to introduce your council or others. 19 CHIEF ARCHIE: Once again, 20 welcome. I'd like to introduce our council, if 21 you could come up and -- we have Patrick Harry. 22 Allan Adams, Ken Harry. And Ken, I believe, is in 23 the kitchen helping out. There's Ken right there. 24 We also have Hank Adams, who is not available 25 today. He's out on the river. So welcome from 6 1 our community and our elders. Thank you. 2 CHAIRPERSON ROSS: Thank you, 3 Chief Archie. I'm going from memory what's over 4 the page here. Yes, Taseko Mines, would you like 5 to introduce your staff. 6 MR. YELLAND: My name is Greg 7 Yelland. I'm the chief engineer of Taseko Mines. 8 Behind me is our legal counsel, Carl Gustafson, 9 and Brittnee Russell. 10 MS. GIZIKOFF: I'm Katherine 11 Gizikoff. I'm the director of environment and 12 government affairs for Taseko. 13 MS. SMITH: And I'm Christy 14 Smith, manager of community and Aboriginal 15 affairs. 16 OPENING REMARKS BY PANEL CHAIR: 17 CHAIRPERSON ROSS: Thank you. 18 Before we get to the session, I have a few 19 housekeeping items. The session here will go 20 until 6 o'clock today. We will try to finish at 21 that time to accommodate those who are required to 22 travel. 23 In terms of safety procedures, 24 if there is an emergency I will try to indicate 25 the nature of the emergency by making an 7 1 announcement if that's a possible and appropriate. 2 In the event of a fire, we ask everyone to proceed 3 calmly out the nearest door, probably that one, 4 but that's a possibility as well, and assemble 5 away from the building. 6 In the event of a medical 7 emergency, please let one of the secretariat 8 members know immediately. We have limited first 9 aid supplies that could be helpful. 10 My opening remarks are fairly 11 lengthy today, so please bear we me. The purpose 12 of the community hearing session is to provide an 13 opportunity for the Panel to receive information 14 from the Stswecem'c, Xgat'tem First Nations and 15 other members of the community on the potential 16 environmental affects of Taseko's proposal to 17 construct an open pit gold copper mine in the 18 vicinity of Fish Lake. 19 The hearing is also designed to 20 provide opportunities to Taseko Mines to seek to 21 explain the proposed project and to respond to 22 concerns and questions raised by other 23 participants. 24 In terms of our terms of 25 reference, I should point out that we are not the 8 1 Government of Canada. We are not the Proponent. 2 We are appointed by the Federal Minister of the 3 Environment to conduct an assessment of the 4 environmental affects of the proposed mine under 5 the Canadian Environmental Assessment Act 2012. 6 We've been given specific terms 7 of reference by the Minister for this review. 8 There are key features set out in the mandate. 9 The Panel has reviewed the 10 information generated as part of the 2009/2010 11 environmental assessment for the proposed 12 Prosperity Mine, including the environmental 13 impact statement and the previous Panel's report. 14 We have read the transcripts 15 from the Prosperity hearing, and so we're 16 interested in your views about the proposed New 17 Prosperity project. 18 We are mandated to provide 19 conclusions on the significance of adverse 20 environmental effects. We are also mandated to 21 provide recommended mitigation measures and follow 22 up programs for the management of the 23 environmental effects associated with the proposed 24 project, should the proposed project proceed. 25 If, taking into account the 9 1 implementation of mitigation measures, the 2 proposed project is likely to cause significant 3 adverse environmental effects, we may include in 4 our report a summary of information that may be 5 relevant to a determination by the Government of 6 Canada with respect to the justifiability of such 7 effects. 8 With respect to First Nations, 9 the Panel shall accept and review information on 10 the nature and scope of Aboriginal rights and 11 title - potential or established - in the project 12 area, and on the potential adverse impacts and 13 potential infringement of those rights. 14 The Panel shall also review 15 information from the Prosperity Review for these 16 projects. The Panel must summarize this 17 information in it's report. The Panel also may 18 recommend mitigation measures regarding adverse 19 environmental affects of the project that could 20 adversely impact or infringe Aboriginal rights and 21 title. 22 It is important to note that 23 the Panel has no mandate to make any 24 determinations with respect to the validity or 25 strength of asserted Aboriginal rights or title 10 1 claims. We have no mandate to make any 2 determination of the scope of Canada's duty to 3 consult and accommodate Aboriginal groups and we 4 have no mandate to make any determination 5 regarding whether Canada has met it's duty to 6 consult or accommodate. 7 Following the completion of 8 this assessment we will prepare a report for the 9 Minister of the Environment. The report will be 10 submitted within 70 days of the close of this 11 hearing and will be made available to the public 12 by the Minister. 13 Your participation and 14 involvement is very important to the Panel. We 15 trust it is helpful to Taseko and other 16 participants. 17 We recognize that the 18 conclusions and recommendations we will provide to 19 the Government of Canada on this matter will have 20 an impact on Canoe Creek, Dog Creek and 21 surrounding communities. 22 We want to assure you that we 23 take the responsibility given to us to assess the 24 potential environmental affects of this proposed 25 project very seriously. We ask everyone here to
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