Construction continues on the Site C dam project in northeastern B.C., with an estimated cost of more than $10 billion and completion expected in 2024. (B.C. Hydro)

Construction continues on the Site C dam project in northeastern B.C., with an estimated cost of more than $10 billion and completion expected in 2024. (B.C. Hydro)

15th court action dismissed against B.C.’s Site C dam

West Moberly First Nation loses B.C. Supreme Court bid for injunction against B.C. Hydro’s project

Another bid to stop construction of the Site C dam in B.C.’s Peace River region has been rejected, making it the 15th court action to end in a favoured ruling for the controversial hydroelectric project.

On Wednesday, the West Moberly First Nations lost its bid for an injunction, with B.C. Supreme Court Justice Warren Milman ordering a new trial to determine whether the dam infringes on Aboriginal treaty rights, set for sometime in 2023. That’s when the project is expected to be almost done, but the reservoir would not yet filled.

The First Nation, as well as the Prophet River First Nation, had argued the roughly $10-billion project would cause irreparable harm to its territory and said it should be protected under Treaty 8, one of 11 treaties made between the federal government and First Nations.

Meanwhile, BC Hydro argued any injunction would create heavy budget overruns. It says a two-year injunction would cost an extra $660 million and a three-year stoppage would cost $1.1 billion.

READ MORE: Anti-Site C petition approved by Elections BC

READ MORE: Site C dam goes ahead, cost estimate now up to $10.7 billion

Chiefs of both nations said this week they will do “whatever it takes” to protect their ancestors’ land, and will decide whether to appeal the judgment.

“The court may have chosen not to suspend work on the dam, but that doesn’t mean this project will ever be completed,” Prophet River First Nation Chief Kirk Tsakoza said. “As the 200 evacuees at Old Fort could tell you, the unstable north banks of the Peace River may have other plans.”

A slow-moving landslide in the community of Old Fort, south of Fort St. John on the banks of the Peace River, forced dozens of people out of their homes earlier this month. The slide tore up the town’s only road and knocked down power lines, prompting public protests. BC Hydro has since said the slide was not caused by the Site C dam construction.

BC Hydro CEO Chris O’Riley said crews will continue work to safely advance construction, adding the utlity has reached benefit agreements with most First Nations with whom staff have consulted.

Since 2010, there have been 15 court actions attempting to stop the project, including one by the Peace Valley Landowner Association and other Treaty 8 nations.

The utility commission says the dam will provide clean and renewable electricity and produce about 5,100 gigawatt hours of electricity each year — enough energy to power the equivalent of about 450,000 homes per year in B.C.

West Moberly First Nation Chief Roland Wilson said no ruling will transform the dam into being a good project.

“The question to ask is how many billions of dollars will be wasted, and how many human lives will be put at risk by carrying on with this boondoggle?”

With a file from The Canadian Press


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
Forty-one positive COVID-19 cases associated with the LNG Canada site outbreak

Thirty-four of the 41 cases remain active, according to Northern Health

Kitimat RCMP are requesting assistance locating 24-year-old Teah Wilken, who was last seen getting on a bus at City Centre Mall in Kitimat around 6:30 p.m. Monday (Nov. 23). Kitimat RCMP Facebook photo.
Kitimat RCMP requesting assistance locating missing woman

Wilken last seen getting on bus at City Centre Mall in Kitimat around 6:30 p.m. Monday (Nov. 23)

Randy Bell. File photo.
Former Smithers council candidate arrested for refusing to wear mask

Randy Bell handcuffed and given a warning at Bulkley Valley Credit Union

Salvation Army Christmas kettle campaign. File photo.
Kettle campaign delayed, kicks off Nov. 27

Salvation Army’s annual fundraiser to look different this year, thanks to COVID, tap option available

Cases have gone up in Northern Health in the past week, as they have all over B.C. (K-J Millar/Black Press Media)
Northern Health reports new highest number of COVID-19 cases in one day

Nineteen cases were reported to Public Health last Tuesday (Nov. 17)

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

7-year-old Mackenzie Hodge from Penticton sent a hand-written letter to premiere John Horgan asking if she’d be able to see her elf, Ralph under the new coronavirus restrictions. (John Horgan / Twitter)
Elf on the shelf an acceptable house guest, B.C. premier tells Penticton girl

A 7-year-old from Penticton penned a letter asking if she’d be allowed to see her elf this year

Workers arrive at the Lynn Valley Care Centre seniors home, in North Vancouver, B.C., on Saturday, March 14, 2020. It was the site of Canada’s first COVID-19 outbreak in a long-term care facility. THE CANADIAN PRESS/Darryl Dyck
Rapid tests ‘not a panacea’ for care homes, Dr. Bonnie Henry says

B.C. lacks capacity for daily tests of thousands of workers

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Delta Police Department photo)
Cannabis edibles found in Halloween bag lead B.C. police to illegal lab

Delta police arrested a man and a woman while executing a warrant at a residential property Nov. 20

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A woman being arrested at a Kelowna Value Village after refusing to wear a mask on Nov. 22.(@Jules50278750/Twitter)
VIDEO: Woman arrested for refusing to wear mask at Kelowna Value Village

RCMP claims the woman was uncooperative with officers, striking them a number of times and screaming

B.C. Liberal MLA Shirley Bond questions NDP government ministers in the B.C. legislature, Feb. 19, 2020. (Hansard TV)
Cabinet veteran Shirley Bond chosen interim leader of B.C. Liberals

28-member opposition prepares for December legislature session

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, November 9, 2020. THE CANADIAN PRESS/Darryl Dyck
COVID-19: What do rising positivity rates mean for B.C.? It’s not entirely clear

Coronavirus cases are on the rise but the province has not unveiled clear thresholds for further measures

Most Read