The Vancouver-based company sparked controversy in October with its plans to employ 2000 Chinese workers for its Murray River underground project near Tumbler Ridge, BC.
The news angered unions, which initiated legal action arguing that Canadians were capable and available to fill the roles.
The high-profile case drew attention to the government’s foreign worker program and prompted a complete review.
Numerous allegations from the unions included that the company was planning on paying inappropriately low wages, had misled and influenced regulators about the proposed operation and had advertised for the position unethically. They were all dismissed in Tuesday’s ruling.
Most notably, in reaching his decision, Justice Zinn rejected the unions’ arguments that HD Mining did not make sufficient efforts to recruit Canadians.
He stated: “There is nothing on the record that establishes that [Officer McLean] was wrong in his assessment that sufficient efforts had been made to recruit Canadians, either when he made that assessment or in hindsight.”
HD Mining called the decision a “complete vindication”, saying it came “at a great cost and has raised significant questions in the international investment community.”
HD Mining chief executive officer Penggui Yan said the company looked forward to putting the litigation behind it and advancing with the project.
“During these months of litigation, the unions made many allegations - both in court and the media - which we frankly found appalling.” said Yan.
“We knew this litigation was driven by a political agenda and we knew we needed to wait for a Canadian Court to reject these claims. It has taken a long time, but today is that day.”
Jan O’Driscoll, spokesman for Diane Finley, federal minister of human resources and skills development, said the government respects the court's decision.
"Our government is taking decisive action for Canadian workers by reforming the temporary foreign worker program and making sure that Canadians workers are always put first," he said.
But the decision has angered many, including president of the BC Federation of Labour Jim Sinclair, who released a statement calling for a government review of the temporary foreign worker program.
“Canadians want to know that they will have access to these jobs," he argued.
"Canadian also support continued immigration to Canada, not the recipe for exploitation that the temporary foreign worker program has become."
Local 115 of the International Union of Operating Engineers and Local 1611 of the Construction and Specialized Workers’ Union have told local media that they are disappointed with the decision but felt the action was worth it.
