West Moberly and Prophet River First Nations file court claim to stop Site C

Two First Nations in northeast B.C. have started legal action against the Site C dam, claiming its construction violates Treaty No. 8 signed1899, as well as the Canadian Constitution.

In notices of civil claim filed Jan. 15, the West Moberly and Prophet River First Nations say the mega-project will infringeon their treaty rights and "fails to uphold the Honour of the Crown."

The Nations also seek an injunction to prevent any future construction atSite C on the Peace River, seven km southwest of Fort St. John, B.C.

BC Hydro, the Attorney General of Canada and the province are named as defendants and have 21 days to file a response.

This new legalaction will allow the courts to decidewhether Site C does, in fact, violate treaty rights of the Prophet River and WestMoberlyFirst Nations.

TheFederal Court of Appeal previously dismissed a lawsuit from the two First Nations that sought to haltconstruction of the dam.Butthe panel of judges did not rule on whether thehydroelectric dam violatesthe 1899 Treaty8 agreement.

Instead, the judges agreed with lawyers for BC Hydro and Ottawa who argued governmentshould be allowed to issue permits for projects like Site C without first discovering if they violatetreaty rightsbecause elected officials do not have the legal expertise to make that determination.

The two Nations have previously said they believe Site C constitutes a $1 billion treaty violation, a figure based on the amount awardedto the Cree and Inuit of northern Quebecafter theywent to court to stop the construction of the James Bay Project in the 1970s, paving the way for modern-day land settlements.

• WestMoberly, Prophet River First Nations warn Site C approval could lead to billion dollar treaty violation
• 'A reconciliation fail': B.C. First Nations promise court action over NDP's approval of Site C

In December, B.C. Premier John Horgan announced his NDP government would complete the project started by the previous Liberal government, calling it a "difficult decision."

Five First Nations have signed benefits agreements with BC Hydro for Site C to go forward, butonly theMcLeod Lake Indian Band has spoken publicly in favour of the project, with Chief Harley Chingeesaying the approval was a "Christmas present."

• Site C approval a 'Christmas present' says McLeod Lake Indian Band chief

BC Hydro says the project is on track to be completed by 2024. It is estimated the dam will flood 5,500 hectares of the Peace River valley and provide energy to power the equivalent of around 450,000 homes each year.