BURSTThe Gitxsan Huwilp Government has withdrawn its longstanding support for Seabridge Gold’s KSM mine, citing concerns about consultation with the Tsetsaut Skii km Lax Ha Nation and the potential environmental effects of the project.
Gitxsan Huwilp Hereditary Chiefs made the decision unanimously and notified provincial and federal officials and Seabridge Gold on Aug. 13, withdrawing their 2013 letter supporting KSM during the project’s environmental assessment process. Seabridge has cited that support as evidence of its engagement with First Nations.
Asked why the chiefs chose to withdraw their support now, Brian Williams (Gigeenix), Gitxsan Huwilp Government co-chair, said they saw that support being “weaponized” against Tsetsaut Skii km Lax Ha during that Nation’s legal challenge against the Province.
“Seabridge repeatedly used the Gitxsan Huwilp Government’s support as a means of discounting the importance of the Tsetsaut Skii km Lax Ha Nation’s concerns. That is not acceptable to us,” he said.
The withdrawal follows a June 2026 B.C. Supreme Court ruling that quashed the province’s substantial-start determination for KSM after finding it had failed to adequately consult Tsetsaut Skii km Lax Ha Nation. The province was ordered to reconsider the decision after further consultation.
Williams and Gitxsan Huwilp Government co-chair Moolaxan – Norman Moore (Gyeets) said they want greater First Nations involvement in decisions affecting traditional lands.
“We stand with our neighbour, Tsetsaut Skii km Lax Ha, in calling on the Crown and Seabridge to collaboratively and meaningfully consult with all First Nations about major projects on our traditional lands, particularly where there is risk of environmental damage that could last generations,” they said.
They said support will remain withdrawn until those concerns are addressed.
Tsetsaut Skii km Lax Ha Chief Darlene Simpson welcomed the support.
“We thank the Gitxsan Huwilp Government for taking this significant step,” Simpson said. “Having the support of our First Nations neighbours as we seek to uphold our role as stewards of the land is truly meaningful and sends a strong message to the Province.”
Simpson said the Nation is not opposed to resource development but is concerned about potential environmental and cultural effects from the proposed tailings and waste facilities, including impacts it says could affect waterways for generations.
In response, Seabridge said it supports the consultation process ordered by the court and noted Tsetsaut Skii km Lax Ha has until Sept. 28 to provide written submissions to the B.C. Environmental Assessment Office before the substantial-start decision is reconsidered.
Seabridge also said Tsetsaut Skii km Lax Ha had a company-funded opportunity to participate in consultation over the tailings facility during the environmental assessment process, which ended with project approval in 2014, and will have another opportunity during future permitting.
The company defended the tailings facility, saying it has been extensively studied and is subject to oversight by an independent geotechnical review board.
“It is being designed to meet the highest industry standards,” Seabridge said.
Ryan Beaton, legal counsel for Tsetsaut Skii km Lax Ha, rejected Seabridge’s broader characterization of consultation to date as extensive, pointing to the court’s finding that the province failed to adequately consult the Nation before making the substantial-start determination.
That court finding concerned consultation on the substantial-start decision, rather than the original 2014 environmental assessment.
Seabridge also challenged Tsetsaut Skii km Lax Ha’s position on the territory where the tailings facility is planned. The company described the area as part of Tahltan traditional territory and said it falls within the Nass Area under the Nisga’a Final Agreement.
Seabridge said its relationship with Tsetsaut Skii km Lax Ha has been challenging because the Nation asserts exclusive ownership of the area, while the company says it must also respect Tahltan traditional territory and Nisga’a treaty rights there.
Beaton pointed to a 2021 provincial report on the Nation’s rights and title claims.
“After nearly a decade of research and analysis, the Province produced a 400+ page report in 2021 on the TSKLH Nation’s rights and title claims. Based on that report, the Province has concluded that ‘all evidence suggests’ that the Treaty Creek Valley is ‘part of Skii km Lax Ha’s Awiijii territory,’” Beaton said.
On the Gitxsan decision itself, Seabridge said its relationship with the Gitxsan Huwilp Government has been respectful and that it is committed to addressing the concerns raised. The release did not say whether the withdrawal of support would affect work at KSM or its operations.
The July 2024 substantial-start determination allowed KSM’s 2014 environmental assessment certificate to remain valid for the life of the project. Justice Emily Burke did not overturn the mine’s original approval or decide whether KSM had met the substantial-start test, but found the province had not adequately incorporated its updated understanding of Tsetsaut Skii km Lax Ha’s territorial interests into consultation.
Seabridge says more than $1.4 billion has been invested in KSM to date, including more than $650 million since 2021. The company also says it has awarded about $515 million in contracts to Indigenous-affiliated businesses over the past four years, including Tsetsaut Skii km Lax Ha and Gitxsan companies.