VANCOUVER — Criticism of a proposed mine by an environmental group and allegations of defamation by the project’s owner have landed both parties in British Columbia Supreme Court.
Taseko Mines Ltd. (TSX:TKO) launched the lawsuit after the Wilderness Committee made claims during a 2012 public comment period that the New Prosperity mine could destroy Fish Lake. The proposed gold and copper mine, 125 kilometres southwest of Williams Lake, was undergoing a federal environmental assessment when the statements were made.
Taseko lawyer Roger McConachie told court on Monday the company’s civil complaint is based on five articles published by the non-profit organization, which were emailed to supporters and posted online starting in January 2012.
“You will hear submissions related to corporate entitlement to have its reputation protected by a defamation lawsuit,” said McConachie, noting he expects to spend weeks presenting evidence.
The material involves libellous descriptions of the proposed project, a letter-writing tool that encouraged re-publication of the organization’s claims and statements the company was pursuing a lawsuit with the purpose of silencing public debate, McConachie argued. Some of the statements appeared on Facebook.
He said the onus is on the defendant to prove the truth of its statements and that law presumes defamation allegations are false.
He said Taseko’s argument is not that the Wilderness Committee’s statements are unlawful because they are literal or legal innuendo, but because they create meaning that a person without special knowledge would infer.
“The claims in this case are put forward on the basis of inferential meaning that would be conveyed to the average, ordinary reader as a matter of impression,” he said.
John McManus, the chief operating officer of the mine for the past year, was the first witness and said he was part of the management decision to sue the Wilderness Committee.
“We know that taking legal proceedings is a large undertaking, can be time consuming and expensive and outcome uncertain,” he said.
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