B.C. First Nations Site C dam challenge plays out in Federal Court in Montreal

MONTREAL -- Ottawa has an obligation to uphold treaty rights inrelation to the $9-billion Site C dam project in British Columbia,two First Nations groups from the province argued Monday.

The communities from Treaty 8 territory -- Prophet River and WestMoberly -- appeared in the Federal Court of Appeal seeking to reversea 2015 decision that rejected their arguments the project violatestheir constitutionally protected treaty rights.

The proposed dam and hydroelectric generating station on B.C.'sPeace River, which calls for an 83-kilometre reservoir, would floodfarmland along with traditional First Nations territory and affecthunting, fishing and trapping rights.

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Allisun Rana, a lawyer representing the two communities, told thecourt the area has already changed due to industrial and resourcedevelopment.

"In my view, the governor in council (cabinet) should have theinformation in front of it to ensure its decision does not infringe(on treaty rights)," Rana said.

Lawyers for the federal government and BC Hydro countered that acourtroom -- and not cabinet -- is the proper venue to determinewhether treaty rights have been infringed.

A panel of three justices heard Monday's arguments, with adecision expected later. The proceedings were held in Montreal sothe challenge against the project, authorized in 2014, could beheard more quickly.

Construction has continued despite the legal challenges and, inlate July, the federal Fisheries and Oceans Department also grantedpermits allowing work to proceed.

"Even as we stand here today, back home they're still doing thework, they're still working on the project even though we've beensaying no," said Helen Knott, a young activist from the area.

She was aboard a caravan that set out from Fort St. John, B.C.,on Labour Day and made several stops before arriving in Montreal onMonday for a rally.

Quebec Assembly of First Nations Chief Ghislain Picard stood withhis B.C. counterparts, calling out Justin Trudeau's Liberalgovernment to intervene and live up to its promises.

"I've heard many times this government is serious about doingthings different," Picard said. "To me, this government has toshow more seriousness in the way it deals with our people."

The caravan continues along to Parliament Hill on Tuesday.

First Nations groups, environmentalists and landowners are in arace against time, says Amnesty International's Craig Benjamin.

"The people are racing the clock because B.C. Hydro and theprovincial government are rushing ahead with construction as fast asthey can to get things to the point that a court, once it recognizesthe rights of indigenous people, will be reluctant to order it bestopped," he said.

It's a difficult task, Benjamin added, when the opposition is theJustice Department, which he called "the largest legal firm in thecountry."