By Cheryl Jahn

Two regional First Nations ponder next steps

Jan 12, 2022 | 3:33 PM

VANDERHOOF – The Sai’kuz First Nation and the Stellat’en First Nation have waited years for, since 2011 when the court case was filed in BC Supreme Court, for a legal ruling on the impacts of the Kenney Dam on the Nechako River the food fisheries it sustains.

The decision was released late last week. It found that the dam “…caused or contributed to a substantial decline in the population of both Nechako white sturgeon and sockeye salmon to the extent that the former is at risk of extinction and the fishery of the latter has become a mere shadow of its former abundance.”

“We’ve never gone to the courts,” says Sai’kuz Councillor Jackie Thomas, who was Chief when the suit was filed. “So this is brand new for us. For us, it’s natural. We know we have rights. We practice them.”

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The two First Nations aren’t the only ones with an interest in the health of the river. The District of Vanderhoof has had to contend with fluctuations in water levels and water temperatures.

“We as Vanderhoof haven’t been here near as long as Sai’kuz and Stellat’en and we haven’t relied on it to the same extent,” says Gerry Thiessen, Mayor of Vanderhoof. “And I think the judge understood quite well not only the impact on not only the salmon but also the sturgeon.

While the courts found they could not hold RioTinto responsible as it was doing only what the government of the day allowed, it did state both levels of government have an obligation “to protect the plaintiffs.’

“I can see us dealing with federal and provincial Crowns much more easily,” says Thomas. “They’re on the hook for all of it. All of this. Basically what the judge said. We will be dealing with Canada and BC. That’s the next steps.”