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Taseko Mines Ltd. Message Board

  • bpositive2m bpositive2m Dec 5, 2011 1:26 PM Flag

    TGB, First Nations, Prosperity, BC, Canada and the Courts

    As the parties continue to jockey for position, those in favor of Prosperity can only wait for the wheels of justice to grind away until the final decision and ultimate outcome of the matter.

    As a casual observer and TGB shareholder, it appears that the First Nations have some legitimate rights that must be protected by Canada and the courts pursuant to the law. However, many of the legitimate rights are procedural in nature and procedural victories do not always guarantee ultimate victory under the main cause of action. It appears the original Prosperity, panel member conflicts of interests, and the most recent injunction were procedural victories at best and the true outcome will again rest with the Canadian Government and its designees. With that said, as long as the Government doesn't permanently "kill" the project it has life.

    At this juncture, the First Nations representatives speaking for fee interests in the land (including developmental rights) sound very much like the individuals protesting at occupy Wall Street. While the OWS crowds have legitimate constitutional rights (some procedural), such rights do not provide vested legal rights to remuneration, land rights for occupancy, rights to work, etc. Given that various OWS cities lost injunctive actions on a short-term basis, once the procedural obstacles were addressed the respective city governments and the courts upheld the property rights of the land owners, and the state and local regulations involved.

    Examining the reasons for denying Prosperity 1, the legal rights of the Crown, government and court procedures, governmental due process arguments, etc. one can speculate that Prosperity will ultimately prevail in BC for all of its citizens and subjects. With respect to First Nation protests, additional litigation, interrupting building and construction-- at some point the government will protect and enforce the legitimate rights of the fee interest holders and the lessee (TGB).

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