The British Columbia Supreme Court on June 10, 2024 nullified the province’s July 2024 "substantial‑start" determination for Seabridge Gold’s KSM mine, citing a failure to meaningfully consult the Tsetsaut Skii‑km Lax Ha Nation. justice Burke ordered a fresh assessment and gave the nation 90 days to submit written arguments on whether the project truly met the start‑up threshold.

Justice Burke quashes July 2024 substantial‑start decision

According to the court judgment, the provincial government’s determination that KSM had progressed sufficiently to keep its environmental assessment certificate was made without adequate consultation of the Indigenous nation. The ruling emphasizes that the "substantial‑start" status,which extends the certificate’s life for up to 50 years, cannot be granted on procedural shortcuts. The decision does not overturn the original 2014 mine approval but focuses squarely on the consultation process that preceded the 2024 finding.

Tsetsaut Skii‑km Lax Ha Nation’s 58‑member claim over Awiijii territory

The Tsetsaut Skii‑km Lax Ha Nation, a distinct Indigenous group of roughly 58 members, asserts Aboriginal rights and title over the Awiijii region, encompassing parts of the Nass, Skeena, Bear and Stikine watersheds. As the court noted, the province has been aware of these claims since the 1980s, yet it dismissed the nation’s evidence without sufficient justification. The nation’s submission highlighted that the proposed tailings and waste facilities would sit within its asserted lands, raising serious concerns about environmental impacts and treaty rights.

SkeenaWild Conservation Trust’s challenge on spending‑based criteria

The environmental group SkeenaWild Conservation Trust also contested the substantial‑start determination, arguing that the province relied too heavily on financial outlays and agreements rather than tangible construction. while Justice Burke did not fully rule on this challenge, the judgment signaled that “substantial‑start” decisions merit deference only when there is clear evidence of physical work.. This nuance leaves open the possibility that the province’s reliance on spending could be scrutinized in the upcoming reconsideration.

90‑day deadline for Indigenous written submissions

The court gave the Tsetsaut Skii‑km Lax Ha Nation a strict 90‑day window, ending July 24, 2024, to file written submissions on whether the KSM project had truly been substantially started. This deadline forces the province to re‑evaluate its position under heightened scrutiny and may set a precedent for how British Columbia handles consultation obligations in future resource projects. As the Environmental Assessment Office reviews the judgment, it has pledged to fulfill constitutional duties and uphold environmental standards.

Who stands to gain or lose from the reconsideration?

Seabridge Gold has expressed confidence that the work already undertaken will satisfy the new review, citing positive comments on its analysis. However, the province’s need to redo the consultation could delay any further development, affecting investors and local economies that anticipate job creation. Meanwhile, the Tsetsaut Skii‑km Lax Ha Nation sees the ruling as a validation of its long‑standing claim and a chance to shape the project's future. The outcome will likely influence how other Indigenous groups negotiae with the mining sector across British Columbia.