![]() By Leighton Woolsey. On April 25, 2024 Tom Shypitka reads a letter from a Jade miner into the record. This miner has been mining jade in Northern BC for over 35 years. He claims to have worked to establish good relations with everyone around him while creating a successful business mining jade. The precious Jem stone known as BC’s official mineral emblem was for sale on the world market. Onsite their operations were in good standing with an excellent safety and environmental record. They were fully permitted and paying their required taxes. On July 4, 2019 they receive an eviction notice from the President of the Tahltan Central Government. Without being accompanied by the mines inspector or having permission to enter the mine, the President of the Tahltan Government disregards the law and arrives by helicopter to their site. The jade miner was devastated to be treated like this after such long standing history. He mentions second hand information describing the Tahltan people as having concerns stemming from the TV show Jade Fever. The eviction notice had no legal standing. It was a publicity stunt and the NDP responded with their own publicity stunt by imposing a two-year moratorium on issuing new permits for jade mining. It was extended an additional 22 months. While the moratorium didn’t affect permits already in place, it did set everyone up to fail. A permit has a maximum span of five years before expiring. This means that if you had to renew your permit at the time the moratorium was imposed means you were shut down those 44 months. The jade miner describes losing everything he had worked for. He lost his business and customers on the world market. He states he was never given a specific reason why they were forced to stop work and references two independent reports at the request of the BC government. Both these reports gave good reviews of their work practices and reclamation. This jade mine employed up to 30 people and they describe the moratorium as creating hardship on the industry. The jade miner declares they are filing a lawsuit. They are fully in support of reconciliation with indigenous peoples but believe it cannot be achieved by expropriation of people’s livelihoods and life’s work. The letter sharing their story ends with the motive of hope that others will share their story too. They note in their last lines that others who are afraid to speak, need to because “if this can happen to me, it can happen anyone.” Tom Shypitka states he has heard similar stories and offers the minister to comment. The Honorable Josie Osborne, Minister of Mines references the TV show Jade Fever as highlighting concerns people have about the industry. Obviously, she was not a fan of the show, but most disturbing is referencing what was dressed up for a Hollywood audience as some kind of fact. What is worse is she deflects these concerns as coming from the Taltan people. Tom Shypitka offered a stark reality to the minister that her answers didn’t support the people concerned and she is only stating the obvious that this is “ongoing”. He made it clear that mining projects have a shelf life and this jade miner is not alone. There are many others who are suffering from this moratorium and a definite timeline is necessary. The Minister states that claims made by the Tāłtān and Kaska Dena Council about jade mining are “significant land alteration, pollution in streams and rivers and a large-scale disruption of wildlife habitat.” She goes on to claim these mining operations had received regular inspections and are backed up with satellite imagery. It is difficult to understand how regular inspections could fail to keep these mines in compliance with their permits She was then asked by Tom Shypitka what did she receive that showed her there was non-compliance to support a moratorium. She responds with a laundry list of documentation. Some related to non-compliance and lack of progressive reclamation. Others indicate sediment and erosion control. Another suggests outstanding administrative monetary penalties. All the information is to be posted online but after five years nothing of substance has been posted or at least fitting the support for a moratorium. She claims these inspection reports have to be “requested”. However, ....Jade And The Moratorium That Broke a Fever.... each entry on the Natural Resource Compliance and Enforcement Database https://nrced.gov.bc.ca/ contains a summary of each inspection. Most of which show “record does not have documents”. The moratorium at this time encompasses at least half the province! Tom Shypitka presented an argument that you don’t shut down an entire industry over a couple perceived bad actors. He also referenced Mount Polley and the spill there a decade ago as a bad accident, but that accident didn’t support the shut down of the entire industry because of it. The Minister countered his argument with jade being a “relatively small aspect of BC’s mining industry as a whole”. Which is also saying Jade mining is a small enough industry that it can be stamped out without much protest to serve a political interest. Minister Osborne goes on to state that in the past five years there have been 60 compliance reviews and inspections. They have also needed the time to undertake aerial surveys. She claims those reviews show unpermitted workings in riparian areas. While Shypitka concurred with the Minister over illegal workings, he double downed on his argument adding that both Mount Polley and Teck Resources are both facing their own environmental challenges, but they are also making progress in their efforts to mitigate their footprint. He made the point that we did not shut down the gold and copper mining industry because of the mount Polley disaster, nor was Teck Resources coal mine shut down because of Selenium leeching into the water. The minister responds again referring to the jade industry as a very small industry. It is .001% of the 660 million generated in mineral and coal taxes. While she emphasized the importance of the Jade industry to those it affected, the statement still came with the word “but the industry is extremely small in comparison.” While the Minister claims the moratorium didn’t affect existing permit holders, they did not take into account the measure of good faith that was taken away and replaced with uncertainty. She states its about pausing new tenures and new permits. She confirms none have been approved since the deferral came into effect. Shypitka wanted confirmation that the government did not support an eviction notice and the decision to impose a moratorium wasn’t based on the Tāłtān decision. The minister reiterated the concerns from the Tāłtān and Kaska Dena Council and the governments response to those concerns was a moratorium. At one point Tom Shypitka finally asks if its the ministry’s intention to starve out the jade miners. Minister Osborne responded to the question without answering it. Shypitka continued to press his point by asking what she is expecting when the Moratorium ends on May 11. What are the environmental concerns to warrant the shut down of an entire industry that is so small it represents .001% of the provinces taxes? Copper and Gold mining are a large amount of revenue to the province, but they also have an impact on the land The province of BC is nearly a million square kilometers, and the moratorium covers at least half that. The jade industry only has a handful of miners. They are a minority in the mining industry so it is difficult to understand what environmental impact could warrant a moratorium. Weeks later jade mining was banned in northwestern BC. What about the jade miners who are compliant? The ones who have been in business for 35 years, fully permitted and in compliance with their permit? They have been given a five-year wind down plan with enhanced reclamation requirements. They have invested decades of their lives creating security for themselves only to have it taken away. An article covering the Tāłtān celebrating the jade mining ban makes it clear their concern is more about money and politics than it will ever be about the environment. By going through with this, the NDP are saying that anyone is a target but the smaller the better and their message to the world is BC cannot be trusted to do business with. Cassiar Jade Contracting Inc. and Glenpark Enterprises Ltd have both filed lawsuits against the BC government. Both are seeking financial compensation for damages caused by the bans. CBC quotes the province response in court as stating the companies “could never have had a reasonable expectation of unconditional rights in relation to their mining claims” Their rights are guaranteed under the constitution and their claim to the jade is spelled out in the oldest act in BC. The Mines Act.
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![]() By Hank Seigel First Nations have always been the underdogs in the corporate world. We are excellent workers; However, our traditional way was hunters and gatherers. Now is the perfect time to advance our knowledge by having successful First Nations mentoring First Nations. If your father was a millwright, pipe-fitter, electrician, engineer so on, more then likely your going to follow in his foot prints. But if your father was a trapper hunter it would probably be fitting to say your going to a trapper hunter. I can take a graduate (ex. of UBC) born and raised in the city, with no knowledge of life skills in the wilderness, into the most northern communities, such as Tsay Keh Dene and bring him into the wild with a young First Nation for a couple weeks with an axe, knife and rifle. Two things I know for sure is that the graduate will come out skilled in survival in the wild. I take the same young First Nation and put him in the environment of industry, he will more than likely fail due to the simple fact it’s a whole different world that he has never experienced before. Why is it he can teach life skills in the forest and yet he doesn’t receive the same level of mentorship when he attempts to pursue a career choice in industry? Well, the short answer is ignorance of culture. Throwing him into the industrial revolution and expecting him to learn how to survive is setting him up to fail. It’s one thing to survive in the industry but he needs to know about finance, credit, Industry standard, safety policies and procedures. The industrial revolution has been around for 150 years and we should not expect him to learn that when his resume will probably read “I know how to trap and hunt.” Makes the playing field very unfair… I was fortunate enough to grow up in a community with a top-notch education. I worked weekends and summer holidays in the paper mill. Being forth generation paper maker was a bonus. I worked my way up from tree planter to management to ownership role as president of Sagkeeng share holders. I was taught these skills from my father, grandfather and uncles. We were very fortunate, but I never lost my culture of being hunter and gather. I also never had a First Nation quit on me. Why? simply put, I knew exactly where he came from and exactly where I needed to start training him from. I call it ground zero. First thing taught was work ethics and reliability. Being on time was essential for survival on a relief schedule. Sounds stupid right? Well actually it’s not. Getting them into a routine was critical. They needed to know that. Your talking to a person whose concept of time was based on the four seasons and four directions. First Nations mentoring First Nations is crucial to reconciliation. What was taken away was the ability to parent and guide our children. How can someone parent when they were never parented themselves? I am currently working on a document of First Nations Training Program Outline which is intended to offer preemployment training to address social issues of addiction and intergenerational trauma. I strongly believe we can achieve a level of working relationships based on understanding and respect for cultural differences ![]() Back in 2005 the mineral titles went online. The digital age in mining had begun. No longer were we staking claims with post and tags and no longer was history confined to the archives spread throughout the province in obscure government buildings. Online mapping and staking also produced a location for what are called Min files. The Minfile system was the first nonfinancial data base in the government of BC. This is during the 1970’s when it was on the main frames. In those days you would call the ministry and they would print you a minfile on a dotmatrix printer with a tractor feed. These Minfiles are technical reports written by claim owners that contain information specific to an area and are located on the mineral title online maps appropriately. Anyone can access this information, but its value is to whomever stakes a mineral or placer claim in that area. The information contained in these min files can be extensive. These reports show the geology and history of the province. The whole point of these reports being made public is for people to do research on their claim and use that information to further their mineral/placer exploration. Mineral/placer Exploration is very much like working a mystery. It is a process of elimination. Through the min files a miner can read the past and learn what they did to do something new. Each new venture recorded as a min file adds to the historical record. It also adds to the potential for a future claim owner to make their own discovery. I use the Minfile system regularly. Then one day I looked at one of my claims on mineral titles and the min file associated with the area was gone! In speaking with other claim owners, we all agreed it seems a bit suspicious. With the outrageous politics in the industry, its a plausible argument this was just one more tactic the government was doing to harm the miner. Why were min files disappearing? Are they closing out information like they are closing out ground for staking? I contacted a Mineral Resource Geoscientist employed by the ministry in the geological survey department, and he helped me understand enough to share the following with you. I was able to provide him with the min file number and he was able to locate the min file where it was supposed to be. However, he is viewing it on MapPlace2, another government online mapping program. I asked why the location associated with the Minfile were not located accurately to where the work was performed. His response was that it had to do with updating. Larger projects pegged on Minfile can be (in my case) based on a drill hole location in 2009. This location can change later on as the project moves. The ministry doesn’t necessarily follow the project. They follow where there’s mineralization found. This is an old issue as the argument is “well it should be over here” and the response is “that is where there are working now in 2022 but in 2009, they were working somewhere else as part of that project”. Sometimes the ministry will add something new to the file or keep it as that one. When you go through the Minfiles information and supporting documentation such as assessment work reports you can see they were in a number of places. You can see 3 or 4 different soil grids, a couple geophysical things, and that is why you need to check deeper. Then there Minfiles that will show discovery outcrops with a whole bunch of work done nearby. Everybody thinks that the work location is the project. However, the ministry tries to tie the Minfile to a point on the ground where you could walk up and beat it with a hammer and you would be at the point of that mineral occurrence vrs a geophysical target in a different location that you cant put your hand on it. An example is Eskay creek. A lot of the original work was done in the 1930’s. The work was done in this one area that everyone was looking at and nobody came up with anything but then when a few of the companies backed off and tried to drill underneath they hit something else. That is Eskay creek as we know it now. That is how it can evolve over time where some of the original showings are not something people are working today. This can present a discrepancy. Mineral titles seem to have a lot of trouble with MinFile. They are either using older versions or whatever scripting Editorial: Mitch’s Musings they use forgets things. It’s a technical issue. Government has several types of data sets with multiple versions of software. The Technical points are Software A and Software Z don’t talk to each other anymore so there is a loss of connections. They had to do a major upgrade to MapPlace1 because the software and servers were just out of date and would not function properly. Hence MapPlace2. People like to use mineral titles online and stake accordingly but then they get on the ground and find that they don’t have what they thought they had. Mineral titles tend to have older data whereas MapPlace2 is more current. MapPlace2 is a viewing platform https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/britishcolumbia-geological-survey/mapplace Go to MapPlace2 and click on mineral titles located in the Legend column. Those claims are what they were yesterday. At midnight the Ministry takes a snapshot of mineral titles and then that becomes the mineral titles for the day. Tomorrow they will take a snapshot at midnight and then there will be a new representation of the mineral titles the following morning. Mineral titles is always yesterdays claims at the end of the day at midnight. When you click on a mineral title you go directly to the mineral titles data base, and you see all the current information. Who staked it, when it was staked, what the transactions are, when is it good till, all that information. That’s mineral titles data and you’re looking at the same stuff the ministry is looking at. When you are reviewing a Minfile be sure to review the supporting information in the Bibliography. If you’re looking for location information, always check the Minfile detail report for two things. Where did the location information come from and what is the confidence of that location? It can vary from within 500 meters to one side of the mountain or the other. Those that are that far away tend to be older showings where not a lot of work was done or poor documentation was made. The Ministry does its best but with 18,000 mineral occurrences, and the few people available, it is difficult to keep up to all the changes. They are about six months behind in uploading information to Mineral Titles. MapPlace2 is designed for extracting information for tenure holders to make their own maps. You can view it, search it, and filter it to your needs. In response to my question about removing Minfiles, the ministry does not like removing a Minfile. They may leave the point where it is on the ground. Maybe add a new name to it or something that will reflect the latest information. If a project shifts off to where that’s going to be happening then it will get a new location but it will also get a new number with its new name and new information. When a Minfile is removed it is based on new information presented by one of the ministry’s geologists in the field. This is when they recognize that something is just not the way it is and should be removed. These are decisions made from the field. ![]() Snowshoe Mt. Resources - Each permit is as unique as the ground their proposing to explore. However, some hazards are universal in nature and accompany every mining operation. One such universal hazard is a chemical spill such as Oil, fuel, grease, or hydraulic fluids. A placer mine is unique in the concern for chemical spills because of a few primary reasons. Contamination of the water used to process pay material through a wash plant compromises the recovery of gold. If pay material, is contaminated from a spill, and fed through a wash plant, it will contaminate the recovery process too. Water and gravity are the basic principals used in separating gold from soils. Contamination of the water from an oil product will cause the fine gold to float resulting in loss. It takes very little oil product to contaminate a mine site which is why having a spill kit in each piece of equipment on site and a drip pan under each water pump is a must for any responsible operation. A stringent preventive maintenance schedule based on manufacturers recommendations for hydraulic lines is important to minimize the potential for a spill. Any machine operating near the 10-meter riparian buffer or in the mining area should bear special precautions. These precautions should include a dike/ditch in the immediate area surrounding the machine to contain a spill. Greasing, fueling and oiling machines is part of the daily general maintenance. To minimize the potential for contamination of the mining area, ponds and/or a water source/course it may be best to have a designated area for the daily maintenance of equipment. This designated area for daily maintenance and where fuel is transported to should be well away from the mining area, ponds and water source/course. It should be diked and ditched to contain the potential up to a large spill. Bulk fueling stations should also be in an area that can be diked and ditched to contain the potential of a large spill. Ignition of even a small spill can mean bodily injury or even death of a worker. In remote areas such an ignition can also result in a forest fire. Every permitted mine is required to have an Emergency Response Plan (ERP). The ERP is a document that provides general procedures for that site. Part of an ERP is the Spill Response for small spills (less than 100 litres) and large spills (over 100 litres). 100 litres is 26 gallons. Having an adequate spill kit to absorb the volume of a spill up to 100 litres is important but the containing and closing out of the source of the spill quickly is vital to protecting the environment and the mine. Consider the following procedures as a response to a spill on your mine site. Basic procedures for responding to a small spill (less than 100 litres) is as follows. • Notify people in the immediate area to move away from the spill. • Have a fire extinguisher available. • Wear appropriate personal protective equipment (PPE) such as gloves, goggles, • Use the absorbent material to contain the spill if this can be done without risk of injury. • Prevent the spill from entering any nearby waterway. • Clean up the spill by working from the outside of the spill toward the center. This will minimize the spread of contamination. • Be sure to allow adequate contact time for complete absorption of the fluid. • Clean-up the absorb content and place into a plastic bag or proper container. • Properly place spill cleanup debris in a container and for proper disposal. • Wash hands and other exposed skin after completing clean-up. • Notify Ministry of Mines of the spill if you require assistance or additional information. • Restock material used in spill kit. • Investigate the source of the spill and methods to prevent future incidents. A large spill (over 100 litres) of fuel is dangerous. Ignition can result in serious injury or death of a worker. This includes personnel who are initiating a response to contain the spill for clean up. Basic procedures for a spill greater than 100 litres are as follows. Evacuate • Get to a safe area immediately. Alarm • Notify others. Identify the spilled substance. • Ex. Diesel, Hydraulic fluid, Get help (Refer to Site ERP) • Inform Supervisor/Mine Manager • Notify Client Representative and/or Landowner. • Fire dept • Ministry of environment • Mines Inspector • OHSC or Worker Health and Safety Representative • Contact the nearest contractor to clean up the spill. Hazard Assessment • Refer to Material Safety Data Sheets. • Flammability • Exposure Limits • Ignition Sources • First Aid Limitations Action Plan • Refer to Material Safety Data Sheet • Prepare site for Emergency Vehicle Access • Tools and Equipment Required • Manpower Required • Near a creek • Fire Fighting Equipment • Personal Protective Equipment • Secure Ignition Sources • No Smoking • First Aid Location Contain the spill. • Refer to Material Safety Data Sheets • Diesel – Ventilate spill area, Dike, and contain spills. • Hydraulic Fluid - Dike and contain spills. Clean up the spill. • Nearest Contractor Will Clean up the spill. Investigate • Review Incident/Accident Investigation Form and Document Report • Release Reporting Requirements ![]() Kris Liivam When setting up your claim it can be easy to get distracted by the beauty of the wilderness you surround yourself in, but that same wilderness can change into an inferno in an instant if the conditions are right. When you are setting up your spread, you need to have certain precautions in place to make your operation resilient to wildfire. In British Columbia, the Wildfire Act and Regulations are the governing legislation you need to be aware of. It specifies the requirements you need to adhere to in order to prevent a fire. This includes having dedicated fire watches, fire fighting equipment, communications, burn permits, set backs from tree lines, response requirements, and many other aspects which are intended to protect you and the forest. As well, BC Worksafe requires anyone who may have to fight a wildfire to have S-100 basic wildfire training which is a 2 day course (and they read that as anyone who is within 300 meters of grasslands or forests). It does not take much to cause a wildfire. The Elephant Hill Fire of 2017 was determined to have been caused by Wildland Fire Risks for Placer Mining Operations in B.C. a cigarette butt tossed from a vehicle. Hot brakes, trailer chains striking rocks, and muffler on your vehicles and ATV’s can easily ignite dry grass. However, unattended fires are still one of the most avoidable but most common causes of forest fires. The BC Government is quite unforgiving when it comes to those who cause wildfires. BC Conservation Enforcement went after a small logging contractor for a fire he caused at a total cost of $15.7 Million, as they will recover the cost of fire fighting, lost stumpage fees, and issue an administrative fine of up to $1 Million, for good measure. When it comes to wildfire risk, one of the major misconceptions is that it is the great wall of fire which will cause all the damage. In reality, if you have 30 meters of clearing between your assets and the tree line, you likely will not have much more than superficial damage. The real danger comes from the embers which fly ahead of the fire. These embers will land in fuels that are susceptible to fire, like patio furniture, dried grass and leaves, and fire wood. Knowing this you can now make your property much more resilient to the threat by simply adding a few basic fire tools, researching FireSmart, and downloading the provincial wildfire app. The Waterax Mark 3 is the work horse of the wildfire community, and when coupled with 1 ½” forestry quick connect hose, water thieves, plastic Wyes, lay flat garden hose, and lawn sprinklers you have the makings of a fire protection system that will protect your investment. All, you need to do is fire it up and walk away. As well, you should have enough hand tools so everyone has one in case your operations cause a fire. This includes water back pack fire pumps, shovels, Pulaskis, hoes, and a chainsaw. If you have a creeping fire approaching, you can create a simple fire break by clearing 2x the size of the flame and dig deep enough to get past the topsoil and tossing dirt on top of the small flames. If the fire is coming at you higher than your waist and you do not have heavy equipment you are best off evacuating. Insurance will cover your investment, but it is not worth your life. ![]() The BC Assembly of First Nations has recently called for an immediate moratorium on the issuance of new placer claims and leases in B.C. The proposed moratorium on placer mining in British Columbia has far-reaching consequences that affect a wide range of individuals and communities. Placer miners and their families, who have relied on this industry for generations, face the risk of losing their livelihoods. Local businesses that depend on the mining sector for customers and revenue are also at stake. Moreover, the broader community feels the impact, as placer mining has historically contributed to the development of infrastructure and funding for essential public services. The potential consequences of this moratorium reverberate across the province, affecting not just one group but the entire fabric of our society What's at stake here is nothing less than the economic vitality of British Columbia. If the proposed moratorium takes effect, it will mean a severe blow to our economy, leading to job losses, business closures, and a decline in economic growth. It risks extinguishing a crucial source of income for countless families and may even threaten the very existence of some local businesses. At the same time, the potential for environmental stewardship and responsible mining practices is at stake. With the right regulations and cooperation, we can ensure that placer mining coexists with conservation efforts, preserving our natural heritage for future generations. Now, more than ever, we must take immediate action to prevent the proposed moratorium on placer mining from becoming a reality. The economic consequences of the ongoing global challenges, such as the pandemic, have underscored the importance of sustaining local industries and securing jobs for our communities. Additionally, the urgent need to address environmental concerns makes this the right time to act collaboratively, finding solutions that balance economic development with responsible mining practices. Delaying action on this issue could lead to irreversible damage to our economy and environment. Therefore, we must unite and advocate for responsible placer mining practices while preserving the heritage and livelihoods of British Columbia. To date, 1576 (Now 1874 February 15, 2024) people have signed the petition started by Nichaloas Gust. Please go to this link at Change.org to add your signature. ![]() The “Dease Lake Extension” railway project, started in 1970 in northwestern British Columbia, was abandomed in 1977 after costs soared five times the original estimate to $360 million (over $1.5 billion today), inciting strong opposition from British Columbia Railway. By then, the rail grade had reached Dease Lake with only the first 84 km on the southern end operational and, with the end of the project, it became known as the “Railway to Nowhere.” Is it time perhaps to look at reactivating the Railway to Nowhere project and upgrade the railway to today’s national standards as far as Watson Lake, Yukon? This would immediately trigger the development and construction of the railway link through the Yukon and into Alaska to join up with the existing Alaska railway system. There is interest in this link at the federal level in both countries as well as the territorial level in the Yukon and Alaska. In 1973, Canada had agreed to share 50% of the costs of the three-section Dease Lake Extension with BC, but BC Rail management rejected the proposal. The first section of 117 kilometers from Odell, 30 km north of Prince George, to Fort St. James was completed in 1968 at a cost of $18.5 million. The next 130 km from Fort St. James to Leo Creek (south end of Takla Lake) was completed in 1973 after $23million was spent on construction. Construction on the third section, 540 km from Leo Creek to Dease Lake, began in 1970 and, by 1975, the railway was operational to Bulkley House (north end of Takla Lake), a distance of 84 kilometers. Track had been laid as far as Chipmunk Creek, 170 km north of Bulkley House, and the subgrade was completed on the remaining 286 kilometers to Dease Lake. Total capital expended on the last section was $160 million and required an additional $160 million to complete. The final leg of 240 km from Dease Lake to Lower Post (Watson Lake) was surveyed but no construction had commenced. Total dollars spent during construction was $360 million, or, in today’s equivalent, $2.5 billion. The railway is currently used to transport logs to mills in the Prince George area. A recent study, “Alaska-Canada Rail Link Economic Benefits,” published by the University of Alaska, indicates that, once constructed, BC alone could see an additional 29,000 to 34,000 direct, indirect, and induced full-time employees earning wages and salaries estimated between $2 billion and $2.5 billion, and generating income tax revenues estimated at about $200 million. New rail-tourism opportunities that encourage overnight stays, First Nations culture, and scenic side tours would be enormous. The entire resource sector would experience significant benefits with greater access to minerals, oil and gas and forest resources, more economical shipping options, and better options to energy sources. Using 2017 railroad engineering and construction cost benchmarks from Compass International, the estimated costs for upgrading the existing line from Odell to Dease Lake would be approximately $500 million and to complete construction from Dease Lake to Watson Lake Yukon would be an additional $300 million ![]() After the new government of Gordon Campbell was elected in 2003 it implemented a task force to investigate restoring the mining industry in British Columbia. Subsequent actions and reform implemented by that government resulted in a resurgence of mining. These times brought a potential for prosperity in BC that still has economic benefits to this day. Despite the successes of those recommendations, mining is again under attack in BC, with more red tape and roadblocks being created to frustrate the Notice of Work process. To quote the mining task force report of 2003: “The task force acknowledges”: 1- The part time and occasional nature of much of the provincial placer mining activity. 2- the duplicate and overlapping interests of the Federal Department of Fisheries and Oceans and the province regarding the highly sensitive issue of protecting fish habitat. 3- the significant regulatory costs incurred by MEM relative to modest provincial revenues from the sector. 4- The need to ensure “ best practices” among placer operators.” Furthermore, the task force went on to recommend a number of common-sense changes for the placer mining industry: a-The Task Force recommends a greater degree of deregulation in the placer mining industry for smaller operators (to be defined as those disturbing less than X hectares of ground and/or less than Y cubic meters of material per year, following consultation), including associated approvals from other agencies. b-The Task Force recommends defining such smaller operations as not constituting a mine under the Mines Act; therefore, no regulation would be required by MEM for such activities. c-The Task Force recommends MEM grant placer miners Free Miners’ Certificates conditional upon the payment of a fee and the passing by the applicant of a test demonstrating knowledge of — and a commitment to — best placer mining management practices to be developed by MEM. d-The Task Force recommends the government eliminate placer designation areas in the province, thereby allowing placer mining to operate in a two-zone land use regime of mineral exploration and mining activities like other mining sectors in B.C. In addition, the task for also recommended that “Provincial requirements for land use plans, permitting, bonding and reclamation should be consistent and competitive with other mining jurisdictions.” among other recommendations to reduce complexity and confusion in the mining community. Despite the resurgence of mining in BC after 2003, the complexities of the permitting process has become discriminating in recent years. Reclamation Bonds continue to be confusing and costly. The process almost seems designed to eliminate small scale operations altogether. New guidelines for the prospector such as outlined in update 38 are overwhelmingly prohibitive. In effect the government is holding small scale placer operations to the same level as large-scale mining projects. There appears to be an effort to regulate the placer miners out of business and out of their Constitutional right to work. It is clear that politics, not science is dictating policy in Victoria. Our constitutional rights are also our duty to protect from those who would corrupt by punitive regulations in their own ignorance of scientific fact. Read more about it here ![]() Hank Siegel - There it is protesters, the wet’suwet’en people are looking to take care of there own so stop the protests. Poverty for the wet’suwet’en is no more. They choose Employment Trades and Skills over poverty... They took control of their destiny, their interests and are moving forward with the pipeline. Response to Hanks Post - Hank they are not Protesters. They are land defenders. Hank -you know I’m not trying to be rude, sorry…but unless you can figure out a better way than working to get your community out of poverty, to me they are protestors. I’ve heard the terms Land Keepers and Water Protectors. Now I am hearing Land Defenders. Go and tell the rest of Canada they are Land Defenders because Canadians see them as Country Disturbers! Watch the video I posted. Not once did they ask for anybody to protest under wet’suwet’en name. I fund myself to attend these functions so I have the right to my opinion. Just like these so-called Land Defenders who haven’t really stated what they defend. Is it Idle No More, Missing and Murdered Woman and Men, or Reconciliation? So, what is the University of Winnipeg marching around portage and main for because I’m more confused on that. Especially when the wet’suwet’en have said 87% of them are for the pipeline. I’m definitely not into social programs being the solution for starving communities. The only ones that prosper from that life are Chief and Council. I’ll take the work and if it means my kids eat one more day, I’m good with that. Response to Hanks Post - How do a few thousand protesters speak for a whole population? How many treaty people are there? Hank - I guess that’s the point, they are not treaty or fall under the Indian act. I think they are a distinct society much like Quebec. They have been dealing with coastal gas and LNG for the last four years. The conferences I have attended they simply stated they didn’t ask for these protesters help. The blockade they put up was because they were being thrown out of their territory’s trap lines, medicine picking traditional areas and so on. They were negotiating on jobs and trades and said no to the one time pay out. Their hereditary Chief Government is much like the Royal family of the UK. They inherited it and they believe elected Chief and Council only represent the inter structure of the reserve and not the territory. The local band here in Mcleod lake just received money to construct a major refiner plant where their members will receive jobs, trades and Skills. Trades such as millwrights, pipe fitters, Electrician’s and so on training and education will be given on construction of this plant. That’s self sustainable economic growth. I think this will set precedents across Canada for all First Nations ![]() Are you frustrated by Mine Act Policy, the time it takes to obtain a work permit or the multitude of other steps a mines inspector demands? Are you also frustrated by the inaccurate mapping software on the MTO site? The Ministry and the policies created from numerous regulations and policy set out by the Minister and agents is a disappointment. The length of time to issue a work permit has become far too long and complex. The arduous process from filing a Notice Of Work (NOW) to receiving a Permit takes several months and is vulnerable to frustration by other parties. The delays incurred creates significant loss of earnings for the placer miner The First Nations and environmentalists position on placer mining has produced several documents including “BC Placer Mining High Environmental Impact VS Low Economic Return”. The similarities of this document to update 38 are startling. The Government appears to want “no” environmental impact that “upsets” the aforementioned parties or that have low financial reward for the Government. The policies in Update 38 mirror the demands of the Fair Mining Collaborative. www.fairmining.ca So the questions now are; Can we fight this? How do we fight this? When can we fight this? Who do we fight? It is clear the government only wants large scale mining operations that fund the government through taxes and other fees. Placer mining is very low on the priority scale of the government. The evidence of this is the regulations and the difficulty in obtaining a work permit in a timely manner. The minister also knows placer miners generally do not have large financial resources to fight back. Placer miners are an easy target for them to regulate, manipulate and threaten with “charges”. The ministry and its agents have absolute control over the rules and policy. The Minister through his agents, create rules or policy as they go along. This is not a fair and/or just system. The system is slow to work, fast to penalize or threaten to prosecute a miner for any infraction. There is no table or reference to any silt guidelines that are an acceptable amount of discharge for placer miners. The Ministry has a zero-discharge policy. However, there are acceptable effluent discharge limits for the pulp and paper industry. Pulp and paper effluent is toxic and can cause harm to all life forms in a river system. The Ministry of mines falsely states that “silt” is effluent. Silt fails to meet the definition of effluent as it has not been altered by any means. Silt contains only natural chemicals produced by natural processes. We are guaranteed equal benefit and protection in the law. Placer miners are entitled to “equal benefit and protection” in law. Does the fact there is no allowable silt discharge tables for placer mining, violate our rights in the Charter? Few people read Canadian laws. However, it is the means by which we can fight the Ministry of Energy Mines. Being cooperative and bending to every requirement the government demands, does not change or alter the way they treat placer miners. The Constitution Act (Charter of Rights and Freedoms) describes what we are entitled to as Canadian citizens. This law describes what is and what are our “rights”. It further Guarantees these rights to each of us without exception. The Charter at section 32 directs all governments to obey these basic rights and freedoms. Further the federal Human Rights Act protects your right to earn a living. (Section 6). If a person’s rights were violated by anyone or the government, you do have a recourse through the Human Rights Tribunal. If the government creates a policy or procedure or a regulation that impedes your ability to earn a living you may have a human rights complaint. The Minister can be taken before the Human Rights Tribunal. If the tribunal finds discrimination has occurred, the Tribunal can and will order the government to cease a discriminatory act or action. It can also levy costs and order the Government to accommodate. All these things can be done IF the Tribunal finds that your rights have been violated. A good example of how the Human rights law can help Frustration With Mines Act Policy And Inspector Demands is a case in point. Mr. Hall (a hunter) filed a complaint with the tribunal. The tribunal found the Minister of Environment violated his rights. The tribunal ordered them to accommodate Mr. Halls needs as a disabled hunter. The restrictions applied to Mr. Halls “permit” were too restrictive, the Tribunal found that Mr. Halls rights were further violated by overly restrictive conditions of his Permit. The Tribunal ordered the Minister to accommodate most of Mr. Hall’s needs. I am disabled and I have one of these permits. The permit exempts me from criminal and Wildlife Act offences. My permit is a specifically tailored defense to specific charges. A Mines Act work permit, is also a specifically tailored defense to a charge. The permit cannot be unreasonably withheld. The Supreme Court of Canada has ruled on this (Supreme Court Canada Decision; Regina VS Morgentaler.) The Work Permit offered in the Mines Act, cannot be made so difficult to obtain, that the law is held in disrepute. You have a guaranteed right to seek employment and earn a living anywhere in Canada. If the Ministry frustrates the NOW and denies or withholds a permit for any undue reason. There may be grounds there for a complaint. The Ministry may be violating the miners right to earn a living, because their demands are overly restrictive. I do recommend reading the Charter of Rights, the federal Human Rights Act and learn what you are entitled to. We will not win the fight by direct communication with the Ministry. Their policies preclude a fair interaction. Miners complaints are falling on deaf ears. The last question; Can we miners unite, form an alliance fund a legal action fund to pursue a human rights complaint against the Minister responsible? A human rights complaint can be filed and have all Free Miners as the complainant. What we would need from interested miners is your story regarding the issues of getting a Work Permit. This is evidence backed by documents, emails, letters etc that is needed to take to a lawyer for his opinion on whether or not there is a violation of your rights. All the information would be under the control of the Association. Your feedback would be appreciated. - John Olsen |
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