The B.C. Supreme Court has issued an interim injunction that pauses construction on the proposed Record Ridge magnesium mine near Rossland, B.C. This ruling responds to a legal challenge from the Save Record Ridge Action Committee Society (SRRACS) and the Sinixt Confederacy, who oppose the open-pit project in the west Kootenays.
Court Decision Details
Justice Dev Dley granted the injunction last week, preventing any construction or operations at the site until the court fully reviews the challengers’ arguments. The next hearing is scheduled for May 5. In his decision, Dley noted, “WHY stands to succeed in defeating the [lawsuit] without arguing the merits if an injunction is not granted.” He added that delays without relief would allow West High Yield (WHY) Resources, the Calgary-based owner, to advance work and potentially moot the lawsuit.
WHY Resources argued it conducted extensive community consultations and planned to begin operations on April 1. However, Dley pointed out that the company’s lawyers were unavailable for earlier hearings, only free in August. He concluded that the injunction remains “just and equitable” while the court prepares to hear both sides. “To accede to WHY’s position would be tantamount to this [court] endorsing unavailability as a reason to delay the otherwise timely hearing of a dispute,” Dley wrote.
Environmental Assessment Ruling
The province’s Environmental Assessment Office (EAO) determined the mine does not require an environmental certificate. Its proposed annual production of 63,500 tonnes falls below the 75,000-tonne threshold that triggers mandatory review. The EAO highlighted the project’s small footprint, eight-month operations, and workforce of 30 to 40 people as factors limiting potential impacts compared to larger developments.
WHY Resources first applied for permits in 2019 with a 200,000-tonne-per-year capacity, which would have required assessment. The company revised its application in 2024 to the lower figure. The project still faces standard permitting processes and must secure all authorizations. Any future expansions would demand amended permits, additional reviews, and stakeholder engagement.
Opponents’ Key Concerns
SRRACS and the Sinixt argue the mine could support much higher production and question the EAO’s scrutiny. They raise issues about sensitive ecosystems, including habitat for the threatened mountain holly fern, as well as risks to air and water quality from asbestos and acid rock drainage. Community consultation efforts also draw criticism.
The site lies about five kilometres north of the Canada-U.S. border and 400 kilometres east of Vancouver.
