B.C. appeal court keeps injunction in place on proposed Record Ridge magnesium mine

Construction of the proposed Record Ridge magnesium mine near Rossland, B.C., will remain on hold after the B.C. Court of Appeal ruled that a temporary injunction should stay in place until a judicial review is completed.

The ruling prevents Calgary-based West High Yield Resources from beginning work on the open-pit mine before the court examines challenges tied to the province’s environmental permitting process.

Court declines to lift injunction

West High Yield had planned to begin construction in April, ahead of a judicial review already scheduled for May.

But on April 15, Justice Paul Riley dismissed the company’s appeal to overturn the injunction, meaning the stop-work order granted by the B.C. Supreme Court last month will remain in effect for now.

The injunction was sought by opponents of the mine, who argue construction should not proceed until the court has reviewed how the project was approved.

Judicial review to examine permitting process

At the centre of the case is the province’s decision that the Record Ridge project would not require an environmental assessment certificate.

That decision is being challenged by the Save Record Ridge Action Committee Society and the Sinixt Confederacy, both of which oppose the proposed mine and want the approval process reviewed in court.

The judicial review is expected to be held in Rossland in May.

Sinixt Confederacy allowed to participate

The appeal court ruling came one day after the Sinixt Confederacy was notified that it would be allowed to participate in the judicial review.

Jarred-Michael Erickson, chairman of the Sinixt Confederacy, said the group’s inclusion was important given its connection to the land at the centre of the dispute.

He also criticized West High Yield’s effort to prevent the Confederacy from taking part in the review process.

Opponents of the mine say Indigenous voices and local concerns should be part of any legal examination of the project’s path to approval.

Local opposition remains strong

Members of the Save Record Ridge Action Committee Society also welcomed the court developments, calling them an important step in the fight to stop the mine from moving ahead before legal questions are resolved.

The proposed open-pit magnesium mine would be located less than 10 kilometres from Rossland, near a popular network of mountain biking trails in the West Kootenay.

That location has made the project a flashpoint for local opposition, with critics raising concerns about environmental impacts, land use and the province’s decision not to require a full environmental assessment.

For now, the injunction ensures construction cannot begin until the judicial review has been heard — leaving the future of the project tied to the outcome of next month’s court proceedings.