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News From West Coast Environmental Law - Issue 31:04 - April 12, 2006
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Message from the Executive Director

If you haven’t heard about ’free entry’ yet, you will

West Coast Environmental Law Executive Director Patricia ChewRecently, I heard a small item on the news: another citizens’ group forming, organizing a petition against some big corporate interest. It was one of those very brief reports, barely more than a mention really, the kind that flutter by one’s attention without landing, like a moth on its way to somewhere else. But I’m willing to bet that this is an issue you’ll be hearing a lot more about in the months to come.

It’s called free entry, and, for more than a century, it has been the dominant means of granting mineral tenures in Canada to mining companies. The free entry system applies to virtually all lands in British Columbia (and most other provinces and territories). This includes privately owned lands, public or Crown land, and aboriginal lands; there are few exceptions (those being lands with buildings, orchards, or cemeteries). And what it does is allow a free miner to enter onto any land and stake a claim, without giving notice to the surface landowner. It allows free miners to conduct basic exploration, and if a mineral deposit is found, to secure a lease to mine the property – with or without the owners’ consent. Of course, the owner is entitled to compensation for any loss or damage to the property. But the owner is not entitled to stop or prevent the mining activity, which can go on, quite legally, for twenty plus years.

It doesn’t have to be anything as precious as oil, gold or diamonds to make a property attractive to mining interests. Certain kinds of clay and gravel, for example, also qualify as mineral deposits. Not long ago, West Coast’s Environmental Dispute Resolution Fund assisted a couple near Kamloops who fought – unsuccessfully – to stop a company from strip mining their land for a clay used in kitty litter. Their property was then fenced off and the couple informed that they can have it back in 35 years, when the mining project is finished.

If you’re like most BC residents, this probably comes as a jolt. The concept of private ownership is, after all, almost a sacred right in Canada. But, not quite.

The free entry system, established in BC in the 1800s, was predicated on mining as “the first and best use of land.” Mining companies created jobs, and then towns, in what was then large reaches of wilderness. Mining helped to build this country.

But should the same laws prevail in the 21st century? Much of British Columbia is now heavily populated – by people who value both its natural beauty and their recreation, and who want to see their environment protected, rather than exploited. Mining is no longer the only legitimate interest.

Yet, at the same time, the international appetite for the province’s oil, gas, metals and other natural resources is growing. And with it, exploration, particularly for oil, gas and coal, is edging ever closer to communities, in southern BC and the Sunshine Coast.

Expect to hear a lot more about free entry in the days and months to come.

— Patricia Chew

 


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