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First Nations seek injunction against work on Site C dam with lawsuit pending

An artist's rendering of the Site C dam. File photo.

Two First Nations will be in BC Supreme Court Monday, seeking an injunction to stop work on the Site C dam.

The West Moberly and Prophet River First Nations want construction frozen until a court case opposing the project can be heard.

The First Nations filed a law suit against BC Hydro and the provincial and federal governments in January, arguing that their rights under Treaty 8 and the constitution require the protection of the Peace River Valley.

A previous court challenge against the project failed in 2017.

Tim Theilmann, lawyer for the West Moberly First Nation, said an element of the case includes a report from dam expert E. Harvey Elwin, built on BC Hydro data, which suggests the province’s timeline for the project is flawed.

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“The project is in deep trouble,” he said. “It is likely to go at least one year past schedule and BC Hydro itself has said there are major budget implications.”

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The hearing is expected to last three weeks, due to the scope of the challenge.

“[It’s] not a typical injunction where you move a couple of protesters,” Theilmann said.
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“This is probably 50,000 pages of material. Over 100 affidavits [and] sworn testimony. Mr Elwin’s report alone is 3,000 pages.”

Thielman said he’s hoping for a decision before BC Hydro starts work in sensitive areas of the project on October 1.

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He added that it is concerning the current government is not more transparent about information than the previous one.

WATCH: Critics say Site C dam is a missed opportunity

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Critics say Site C dam is a missed opportunity

BC Hydro disputes the assessment that the project is off schedule, and says the dam is will be in service by 2024 and will meet its current $10.7 billion budget.

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It says independent oversight remains in place for the project, including a Project Assurance Board and oversight from Ernst & Young Canada.

The province isn’t commenting, saying the case is before the courts.

Site C will flood more than 5,500 hectares of land along the Peace River in northeast B.C., creating an 83 km-long reservoir and providing enough power to light up 450,000 homes a year.

The BC NDP decided to proceed with the project last December after a review by the BC Utilities Commission, despite the total cost of the dam climbing from from 8.3 billion to $10.7 billion.

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