Site C gets the go-ahead, now here come the lawyers

No sooner had B.C. Premier John Horgan announced that the Site C dam would go forward on Monday than two First Nations announced that they would seek an injunction to stop the project’s construction.

In a news release, the West Moberly First Nations and the Prophet River First Nation announced their intention to seek the injunction and start a civil action for alleged treaty infringement.

Coverage of Site C on Globalnews.ca:

2:13 Site C Dam Exclusive

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• Report: Site C cam unlikely to be on time or budget
• NDP government sends Site C for review
• Delaying Site C dam in B.C. could cost $600M: Clark

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“It was John Horgan’s NDP that demanded a Site C inquiry by the B.C. Utilities Commission (BCUC), and the results they received from it were clear: no need for the power, better alternatives once we do, and no advantage to ratepayers to proceed,” West Moberly First Nation Chief Roland Willson said in the release.

“With those findings, the only responsible choice was to immediately stop destroying the Peace River valley.”

READ MORE: BC NDP to proceed with Site C dam, total cost raised to $10.7B

The First Nations said that they discussed their action with numerous civil litigators, and they say the BCUC’s report has boosted their case.

“If you don’t believe us or our lawyers, ask the premier himself,” said Prophet River First Nation Chief Lynette Tsakoza.

The news release brought up a video recording of Horgan in 2014, in which he allegedly said, “The fundamental issue is First Nations in the region have entrenched constitutional rights. Not just the requirement for consultation and accommodation, which we always hear about when we’re talking about resource projects.

“But they have entrenched constitutional rights to practice hunting and fishing as before. And that’s going to be violated by this dam.”

Tweet This Click to share quote on Twitter: "But they have entrenched constitutional rights to practice hunting and fishing as before. And that's going to be violated by this dam."

Willson said the First Nations are “confident that the court will grant our injunction.

“Usually, courts are reluctant to hold up a project because of economic impacts,” he said. “But with the BCUC’s report in hand, the court can actually save British Columbia billions of dollars, and protect our constitutional rights at the time time.”

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READ MORE: Supreme Court dismisses two Site C lawsuits from B.C. First Nations

This isn’t the first time that these First Nations have gone to court over Site C.

Earlier this year, the Supreme Court of Canada refused to grant the West Moberly and the Prophet River First Nations leave to appeal in a previous legal challenge claiming that the dam would violate their treaty rights.

This was after the First Nations lost in provincial and federal court.

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But they’re not the only ones who are unhappy that the government has given this project the go-ahead.

In a news release, the B.C. Assembly of First Nations said it would stand with the West Moberly and Prophet River First Nations in their challenge of the dam.

The assembly said Site C would “flood over 9,330 hectares of Treaty 8 First Nation territories, including 120 kilometres of the Peace River further impeding its flow northward, destroying burial sites, traditional hunting and gathering places and sacred spaces.”

“In deciding to continue construction without the free, prior and informed consent of the Prophet River and West Moberly First Nations, the B.C. government has failed in their first test to all Indigenous Peoples, and failed to embrace a new vision for a clean renewable energy future for B.C.,” said BCAFN regional Chief Terry Teegee.

Tweet This Click to share quote on Twitter: "In deciding to continue construction without the free, prior and informed consent of the Prophet River and West Moberly First Nations, the B.C. government has failed in their first test to all Indigenous Peoples, and failed to embrace a new vision for a clean renewable energy future for B.C.," said BCAFN regional Chief Terry Teegee.

First Nations elsewhere in B.C. are equally unimpressed with the decision to proceed with the dam.

Judith Sayers, president of the Nuu-chah-nulth Tribal Council, had this to say.

Perry Bellegarde, national chief of the Assembly of First Nations, was also disappointed.

And environmentalists were no more happy about the decision.

Western Canada Wilderness Committee national campaign director Joe Foy told CKNW’s Simi Sara that he was “extremely hopeful” that the BC NDP would decide not to proceed with the project after the BCUC’s ruling.

“I find myself here today very, very disappointed,” he said.

The BCUC had issued a report saying it was unlikely that Site C would meet its initial 2024 completion date, and that it was possible it would cost in excess of $10 billion, exceeding its original budget by anywhere from 20 to 50 per cent.

The report didn’t make any recommendation as to whether it should proceed.

Meanwhile, the Independent Contractors and Business Association (ICBA) is encouraged to see Site C will be completed.

“We think it was the right decision,” president Chris Gardner told CKNW.

“We said from the very beginning that the review was not necessary and the focus should be on finishing Site C and making that investment into our long-term and clean energy future.”

• With files from Simon Little