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by Mike Caswell

Taseko Mines Ltd. has partly lost the appeal in its defamation case against the Western Canada Wilderness Committee. The company had complained that a series of articles the WCWC published about Taseko's proposed Prosperity mine were damaging to the company's reputation. Among other things, the articles falsely stated that Taseko planned to turn a lake into a tailings pond, the company said.

The decision, handed down on Wednesday, Dec. 13, was unanimous. Three judges have upheld the trial judge's findings that the articles were protected communications. The articles came as part of the "freewheeling debate" that occurred in the context of developing the proposed Prosperity mine. The appeal judges have agreed that the most contentious of the articles were protected by the defence of fair comment. Essentially, the articles set out an opinion on a matter of public interest, with that opinion being based on factual information. The remainder of the articles were not defamatory.

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