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Client Work

Petition by Prophet River First Nation and West Moberly First Nation to quash environmental assessment certificate granted to BC Hydro and Power Authority for “Site C” hydroelectric dam dismissed

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A petition by Prophet River First Nation and West Moberly First Nation (the “First Nations”) to quash the Environmental Assessment Certificate (the “Certificate”) obtained by BC Hydro and Power Authority for construction of the Site C Clean Energy Project was dismissed. The First Nations claimed that the project unjustly infringed on their treaty rights under Treaty 8. They also asserted that the consultation on the Ministers’ decision to issue the permit was unreasonable and that the Ministers were biased in favour of the Project. The Court decided that the Ministers who issued the Environmental Assessment Certificate to BC Hydro did not need to determine whether the Project infringed the Petitioners’ treaty rights, and that the Court ought not to do so on judicial review either. The Petitioners other grounds of review were also dismissed – finding Crown consultation adequate and no administrative failings on the part of the Ministers. Fasken Martineau was counsel to BC Hydro and Power Authority with a team led by Chuck Willms and Mark Andrews, including Bridget Gilbride, Patrick Hayes, Rob Lonergan, Chris Bystrom, Dave Both, Jordan Hulecki, Hannah Roskey, and Rebecca Coad. Read the Court’s decision here: Prophet River First Nation v. British Columbia (Environment), 2015 BCSC 1682


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