Indigenous Group: Union of BC Indian Chiefs

Business: BC Hydro and Government of BC

Issue: $9 billion Site C dam would flood 107 kilometers of the Peace River and its tributaries including the traditional lands of the Treaty 8 First Nations.

Comment: The most expensive public project ever undertaken in the province has generated numerous protests from a broad cross-section of BC and national organizations who object to the lack of an effective environmental assessment and consultation with impacted First Nations. The Union of BC Indian Chiefs are concerned about BC Hydro’s attempts at fast tracking construction of the proposed Site C project despite legal issues, including those related to violation their constitutionally protected treaty rights.

“This decision will see the flooding of over 9330 hectares of Treaty 8 First Nation territories forever, including 120 kilometers of the Peace River further impeding its flow northward, destroying burial sites, traditional hunting and gathering places, and sacred spaces. The Provincial and Federal governments’ decision to proceed and issue permits with respect to the Site C Dam was made without the full, prior and informed consent of Treaty 8 First Nations, and in contrast to the findings of the joint federal and provincial environmental impact assessment which clearly stated that the Site C dam will undermine Indigenous and Treaty 8 rights.” Regional Chief Terry Teegee, BC Assembly of First Nations

Last Update: Jan. 26, 2021: Vancouver Sun – West Moberly will be in court next year, claiming infringement of its treaty rights and damage to its traditional territories from construction of Site C and other BC Hydro dams on the Peace River. For now, Chief Roland Willson of the West Moberly First Nations is seeking details of what Hydro learned more than a year ago about geotechnical instability under the foundations for the Site C generating station, spillways and the earth-fill dam itself.

“Details of the escalating costs and safety concerns remain shrouded in secrecy, with the premier refusing to release the report prepared by his special adviser, Peter Milburn,” said Victoria lawyer Tim Thielmann in releasing Willson’s open letter. The NDP government commissioned the Milburn report before the election and received it late last year. Horgan has refused to disclose the contents, except to confirm it addresses Hydro’s proposed “fix” to the stability concerns with the dam. But the premier admitted recently that Milburn, a civil engineer and former deputy minister of finance, “did not have the capacity to address the safety challenges” arising from the “geotechnical issues.” Hence the government decision to recruit two international experts on dam safety to rule on the “efficacy of the fix,” as Horgan put it.

West Moberly is also prepared to return to court to seek an injunction to stop construction. The First Nation failed in an earlier attempt in 2018, with the court instead ordering the treaty rights claim be heard in full before the Site C reservoir is scheduled to be filled in 2023. The case is set down for 120 days of court time, starting March 14, 2022.