Background:
Between 1994 and 2008, Eskay Creek Mine generated approximately 1.75 million tonnes of waste rock and tailings, which were deposited in Albino Lake under a surface lease between the mine operators and the Crown. Skeena Resources Ltd. acquired the mine in 2020 and conducted drilling that indicated valuable minerals in the deposited waste. Richard Mill later registered a mineral claim over the land, including the lake, and sought a ruling from the Chief Gold Commissioner (CGC) to determine that the minerals in the waste rock were his under the Mineral Tenure Act.

Legal Arguments/Issues:
The key issue was whether Skeena Resources Ltd. had relinquished ownership of the waste rock and tailings when they were deposited under the lease. The CGC ruled that the lease only allowed for waste disposal, meaning Skeena had abandoned the materials. Skeena argued that the CGC misinterpreted the lease and that the materials remained its property.

Court Findings
The Court of Appeal found the CGC erred in concluding Skeena relinquished ownership. The appeal was allowed, and the case was remitted for reconsideration.

Costs and Award
Skeena Resources Ltd. was awarded costs, with no specific amount mentioned.