By Sam Bennison

Indigenous rights

Saik’uz and Stellat’en successfully appeals case involving Nechako River

Feb 27, 2024 | 12:04 PM

PRINCE GEORGE— In a unanimous decision on Monday the B.C. Court of Appeal found that both the federal and provincial governments have a legal responsibility to protect the Saik’uz First Nation and the Stellat’en First Nation from the harms that the Kenney Dam on the Nechako River causes.

The bands allege the hydroelectric dam operated by Rio Tinto Alcan has devastated the sockeye salmon and Nechako white sturgeon population because the dam decreases the water at critical times in these species life cycle. Rio Tinto however denies the harm caused but the trial judge at the Court of Appeal found “ongoing detrimental impacts of the regulation of the Nechako River’s water flow on the appellants’ Aboriginal right to fish.”

Additionally, the court found that the federal and provincial governments have a fiduciary duty to protect both nations rights by regulating water flow.

“Our Nation celebrates the affirmation that the Crown cannot wash its hands of impacts from major resource exploitation decisions when it continues to have a role in how that resource is managed,” states Saik’uz Chief Priscilla Mueller. “The Court of Appeal issued ‘declarations plus’ ordering the Crown to involve our Nations in decisions and to take substantive actions to manage the river to avoid unnecessary harm—harm that the Court said ‘occurs anew each and every year’”.

Chief Robert Michell of Stellat’en highlights that “while Alcan itself was found to not have direct legal liability because its activities were authorized by government, no one involved in managing the river— not the province, the federal government, or Rio Tinto Alcan—will be able to continue doing business as usual, denying harm to fish and impacts to Saik’uz and Stellat’en’s constitutionally-protected rights.”

Housing

Canadian Home Builders' Association announces new Executive Officer

50m ago

Real Estate

Over 1300 houses were sold in Prince George in 2024

2h ago

trudeau resigns

Trudeau prorogues Parliament, will step down as prime minister after leadership race

6h ago

The Nations have relied on the Nechako River for millenia, for hunting fishing and travel. Going forward the Saik’uz and Stellat’en will work with Rio Tinto and the governments to regulate the waters in a way that respects and upholds the constitutionally protected rights of the First Nations.

A Spokesperson for Rio Tinto states their committed to building their relationship with the communities to improve the health of the Nechako River, believing “that governance of the flows on the Nechako River should be an inclusive process.”

“Rio Tinto is pleased that the court recognized that Rio Tinto has operated within the scope of its licence and that lawful operation of its facilities does not constitute wrongful conduct,” continues the spokesperson. “We cannot comment further until we have had the opportunity to fully review and consider the Courts’ decision. The decision will not affect how we engage with Indigenous Peoples in Canada, nor the plaintiffs in this case. Our goal remains to build meaningful relationships based on transparency, trust and respect.”

The case began in 2011 with the first ruling being in Rio Tinto’s favour in 2022.

Local news. Delivered. Free. Subscribe to our daily news wrap and get our top local stories delivered to your inbox every evening.

***

Email: sam.bennison@pattisonmedia.com