Site C is a large hydroelectric dam, generating station and related facilities being constructed on the Peace River in northeast British Columbia, that will provide enough electricity to power the equivalent of 450,000 homes. BC Hydro began constructing Site C in 2015 following a lengthy review and consultation process. The project is one of the largest public infrastructure projects ever constructed in British Columbia.
Fasken has successfully acted for BC Hydro in a number of challenges to Site C project approvals, including:
- Two challenges to the provincial environmental assessment certificate brought by two Indigenous groups and a landowner group in the BC Supreme Court and BC Court of Appeal: 2015 BCSC 1682, affirmed 2017 BCCA 58, leave to appeal to SCC denied; 2015 BCSC 1129, affirmed 2016 BCCA 377.
- Two challenges to the federal environmental assessment approvals brought by two Indigenous groups and a landowner group in the Federal Court and Federal Court of Appeal: 2015 FC 1030, affirmed 2017 FCA 15, leave to appeal to SCC denied; 2015 FC 1027.
- A challenge to 36 provincial permits issued for construction of Site C brought by two Indigenous groups in the BC Supreme Court: 2016 BCSC 2007.
- An appeal of the water license brought by a landowner to the Environmental Appeal Board: 2016-WAT-002(b).
- An application for an injunction brought by BC Hydro to prevent protestors from blocking construction activities: 2016 BCSC 355.
- Two applications for an injunction brought by two Indigenous groups seeking to halt construction activities, one brought at the commencement of construction and one several years into construction: 2015 BCSC 2662, 2018 BCSC 1835.
- Numerous other judicial reviews and challenges to project approvals that were dismissed or discontinued before hearing.
Fasken also represented BC Hydro in litigation and negotiations that led to the settlement of two civil actions brought by two First Nations against the project.
Fasken represents BC Hydro and Power Authority with a team that includes Geoff Cowper QC, Bridget Gilbride, Chuck Willms, Robert Lonergan, Chris Bystrom, Kerry Kaukinen, Niall Rand, Nathan Surkan, among others, and our late colleague, Mark Andrews, QC.
- British Columbia