Close X
Wednesday, November 27, 2024
ADVT 
National

Courts Deny First Nations' Site C Stop-work Order And Dismiss Judicial Review

Darpan News Desk The Canadian Press, 31 Aug, 2015 11:15 AM
    VANCOUVER — Two courts have rejected attempts by a pair of British Columbia First Nations to halt the construction of the Site C hydroelectric dam.
     
    A B.C. Supreme Court judge ruled Friday against issuing a stop-work order for the first phase of construction of the nearly $9-billion project on the Peace River, near Fort St. John. 
     
    The Federal Court also dismissed the First Nations' challenge of the environmental approval process among a pair of related decisions affecting Site C.
     
    The West Moberly and Prophet River First Nations went to court for separate hearings — earlier this month in the B.C. court, and Federal Court in July.
     
    Both of the Federal Court rulings issued Friday saw the dismissal of a judicial review of the environmental certificate. A second case launched by the Peace Valley Landowner Association was also dismissed after a hearing in July.
     
    Site C spokesman David Conway lauded all three rulings.
     
    "We believe Site C is the right project at the right time for B.C. and we look forward to continuing with construction," Conway said in a statement.
     
    He would not comment further, saying BC Hydro and the West Moberly and Prophet River First Nations are scheduled to appear in court in November for a judicial review of Site C permits.
     
    The First Nations went to B.C. Supreme Court seeking a stop-work order on Site C, arguing they weren't consulted properly on permits approved by the province for the first phase of construction.
     
    The groups told court they would suffer irreparable harm if thousands of hectares of old-growth forest are cleared. BC Hydro argued that an injunction would cost upwards of $500 million and delay the project by at least a year.
     
    On Friday, the First Nations said it's still significant that the utility promised in court not to act on specific permits allowing clear-cutting of old-growth forest in some areas.
     
    "We went to court to protect our old growth trees, eagle nests, beaver dams and our traditional way of life," West Moberly Chief Roland Willson said in a release.
     
    "As a result, BC Hydro will not be destroying the forests or removing eagle nests and beaver dams in the Moberly River valley. We asked for those areas to be protected."
     
    Federal Court Judge Michael Manson dismissed the judicial review brought by the First Nations, which are part of the Tribal 8 Treaty Alliance.
     
    He said in a written decision that the review was "not the appropriate course of action" to determine whether treaty rights have been infringed.
     
    "In my view, BC Hydro's consultation has been extensive and conducted in good faith," he said.
     
    Construction on Site C is scheduled to take at least a decade. BC Hydro has said the project is expected to generate enough electricity to power 450,000 homes a year.

    MORE National ARTICLES

    Margaret Atwood Column On Harper Hair Disappears, Then Reappears

    Margaret Atwood Column On Harper Hair Disappears, Then Reappears
    Atwood's piece was back on the newspaper's main page late Friday after being taken down mid-afternoon. The Post said in an email it was held for fact checking.

    Margaret Atwood Column On Harper Hair Disappears, Then Reappears

    Cement, Steel Groups Say Quebec Risking Safety By Allowing Taller Wood Buildings

    Cement, Steel Groups Say Quebec Risking Safety By Allowing Taller Wood Buildings
    MONTREAL — Canada's cement and steel sectors say Quebec is favouring one industry and possibly putting public safety at risk by allowing wood to be used in the construction of buildings up to 12 storeys high.

    Cement, Steel Groups Say Quebec Risking Safety By Allowing Taller Wood Buildings

    Municipalities Unprepared For 'Weather Whiplash,' Warns Top Meteorologist

    Municipalities Unprepared For 'Weather Whiplash,' Warns Top Meteorologist
    HALIFAX — A top Canadian meteorologist warns that municipalities aren't prepared to deal with the impacts of an increasingly volatile climate that can bring devastating floods one season and a drought the next.

    Municipalities Unprepared For 'Weather Whiplash,' Warns Top Meteorologist

    How A Reclusive Rural Manitoba Woman Scammed An NBA Star, Others

    How A Reclusive Rural Manitoba Woman Scammed An NBA Star, Others
    A woman who rarely left her house in northern Manitoba has admitted to impersonating several people online — including a professional athlete  — so she could receive money and gifts and live in a world of celebrity fantasy.

    How A Reclusive Rural Manitoba Woman Scammed An NBA Star, Others

    Alberta Premier Rachel Notley Won't Back Away From Royalty Review, Tax Hike Because Of Low Oil

    Alberta Premier Rachel Notley Won't Back Away From Royalty Review, Tax Hike Because Of Low Oil
    EDMONTON — Alberta Premier Rachel Notley says falling oil prices won't force her government to back away from a royalty review or a hike to corporate taxes.

    Alberta Premier Rachel Notley Won't Back Away From Royalty Review, Tax Hike Because Of Low Oil

    NDP promise positivity in the face of partisan attacks

    OTTAWA — NDP Leader Tom Mulcair is using the anniversary of his predecessor's death to promise he'll run a positive campaign despite attacks from his rivals.

    NDP promise positivity in the face of partisan attacks