The Council of Canadians is opposed to the Site C dam on Treaty 8 territory and joins with First Nations and allies to demand that Prime Minister Justin Trudeau intervene on this issue. The prime minister could arguably do so through the Navigation Protection Act (formerly the Navigable Waters Protection Act), by not issuing needed federal permits, and by choosing not to oppose a First Nations appeal of a Federal Court decision on the dam.
Site C is a proposed 60-metre high, 1,050-metre-long earth-filled dam and hydroelectric generation station on the Peace River between the communities of Hudson’s Hope and Taylor on Treaty 8 territory in northeastern British Columbia. It would create an 83-kilometre-long reservoir and flood about 5,550 hectares of agricultural land southwest of Fort St. John. It would also submerge 78 First Nations heritage sites, including burial grounds and places of cultural and spiritual significance. Logging and land clearing for the dam began this summer, without consent from Treaty 8, but major construction on the dam is not yet underway.
The Tyee reports, “[West Coast Environmental Law staff counsel Anna] Johnston said the federal government is responsible for permits related to fisheries or turning rivers into non-navigable waters, while the province oversees construction and hydroelectricity permits. Both governments have responsibilities to First Nations under existing treaties, she noted. …[But] in an email, [the department of environment and climate change] said it would not comment on Site C while it is before the courts, but that the government intends to oversee a robust natural resource sector while upholding indigenous rights in Canada.”
The article highlights, “Grand Chief Stewart Phillip, leader of the Union of B.C. Indian Chiefs, said Ottawa’s lack of reaction on the issue is ‘disappointing’, and that the Liberals are missing a chance to show they are serious about reconciliation with Aboriginal people. …Phillip said the controversy over Site C is a good chance for Trudeau to prove he is serious about [a ‘renewed nation-to-nation relationship’ with Indigenous peoples].”
The Grand Chief has previously stated, “With no less than three court cases underway in which First Nations, farmers and others oppose federal and provincial approvals of Site C, the federal government can slow down or halt the project outright by simply refusing to issue permits that must be in place in order for major works in the river to proceed. Contractors for B.C. Hydro cannot divert water and place millions of tons of fill into the river without first obtaining permits from the Fisheries and Transportation ministries.”
And he has highlighted, “Treaty 8 nations challenged the Harper government’s approval. The Federal Court rejected their arguments. The decision is now under appeal by the West Moberly and Prophet River First Nations, who are opposed in court by the federal government. [If the Trudeau government dropped its opposition to the appeal that] would signal that Canada’s new government truly intends to do what it said it will: chart a new relationship with Canada’s indigenous peoples, ‘one built on trust, recognition and respect for rights’.”
Related to that point, the Globe and Mail has reported, “In [the prime minister’s] mandate letter to Jody Wilson-Raybould, the first aboriginal person ever appointed justice minister, he calls for a review of the federal government’s litigation strategy. ‘This should include early decisions to end appeals or positions that are not consistent with our commitments, the Charter [of Rights and Freedoms] or our values’, Mr. Trudeau wrote. One of the things Ms. Wilson-Raybould will now have to review is the federal government’s opposition to a Federal Court challenge by First Nations to Ottawa’s approval of the Site C project.”
Grand Chief Stewart Phillip now says, “At least review the circumstances of the Site C proposal.”
The Northern First Nations Leadership Alliance has also asked Trudeau to begin discussions on these issues with them. Chief Lynette Tsakoza of the Prophet River First Nation has noted, “Our new Prime Minister has committed to the United Nations Declaration in regard to ‘free, prior and informed consent’. This must become the foundation of a new approach to consultations with First Nations, one that results in positive outcomes for our communities, and for Canada.”
Chief Roland Willson of the West Moberly First Nation adds, “The era of destroying rivers should be over.”
