B.C. can correct harm done by parks decision

Once upon a time, many years ago in a place called British Columbia, when a prospector staked some claims, he knew that if he obeyed the rules and was lucky enough to discover an orebody, he could keep the claims, put the orebody into production and live happily ever after, or at least as long as ore reserves lasted. No more. During the mid-1970s, the British Columbia mining industry was stricken with a life threatening disease that is rapidly eroding the mineral title of every claim in British Columbia. This erosion has been accentuated by poorly informed, but generally well-meaning people and politicians.

The first critical date in the erosion of British Columbia Mineral Title was March 1, 1973, when the government of the day declared a moratorium on exploration and staking in provincial parks. This had the effect of essentially expropriating, without compensation, all legally acquired mineral titles within these areas.

On April 30, 1986, the lower court ruled that an amendment made to the Mineral Act in 1977 (the second critical date) had the effect of reducing a mineral claim to less than an interest in land.

On Jan. 20, 1987, the British Columbia government announced the resolution of some park boundaries and the creation of some Recreation Areas, including the area containing Cream Silver Mine’s claims in Strathcona Park to permit strictly regulated mineral exploration.Consequently, Cream Silver did not appeal the April 30, 1986, decision and on Jan. 30, 1988, the company was granted a “Park Use Permit” to drill five diamonds drill holes on the readily accessible north end of the company’s claims. On March 10, 1988, in response to the illegal actions carried out by the Friends of Strathcona Park; and despite the many past opportunities for public input, the government appointed another committee, staffed it with conservationists and preservationists and gave it a mandate to consult with the public and review the status of all tenures. The committee, in a report mockingly entitled “Restoring the Balance,” not only recommended the stopping of all mineral exploration in Strathcona Recreation Areas but also the extension of park boundaries which would compromise additional mineral tenures.

In 1988 the South Moresby Agreement was signed and the bulk of the problems, including the mineral tenure problems, arising from the creation of the National Park, were passed from the provincial to federal governments. Federal policy regarding the settling of mineral tenures compromised by the park is simple — wait them out.

Exploration will be managed by the provincial government under strict guidelines. If a viable mineral deposit is discovered, the federal government retains the option to buy out the proposed mine if the area is required to maintain the integrity of the park. What company is willing to explore under these circumstances?

Unfortunately, this lack of respect for mineral titles by governments, particularly the provincial government, is being continued. The British Columbia Ministry of Parks and Ministry of Forests initiated the Provincial Parks and Wilderness for the 1990s hearings held during February, 1991, throughout the province.

The proposed study areas place a caveat, from a mineral exploration point of view, on some 8-10 million hectares. All claims within the proposed areas have already been negatively affected and the mineral title holders have nothing to look forward to but higher costs and permitting problems particularly if the proposed park or wilderness area covering their claims is so designated. Sustainable mining in British Columbia has been compromised by government, and only government can correct this.