Clash of law, politics, treaty rights, and technology at Site C dam

Protests continue at the Site C dam location on the Peace River despite a court that allows building.  The Supreme Court of British Columbia ruled in September that attempts by the Prophet River and West Moberly First Nations to quash an environmental certificate issued by the government were invalid.

site c

“I am satisfied that the petitioners [first nations] were provided a meaningful opportunity to participate in the environmental assessment process,” Justice Robert Sewell wrote.

That didn’t stop Arthur Hadland from blocking construction. The long-time politician and area farmer was charged with mischief after being arrested earlier this month. “I don’t want to be a hero,” Hadland told CBC News. “Someone has to speak for the river.” He’s a Peace River Regional District director and ran as an independent in the last provincial election. Pat Pimm, who won the riding for the B.C. Liberals, is in favour of the dam.

Helen Knott of the Prophet River First Nation is occupying an historic trading post site in protest of the construction. Knott and her group are committed to defending treaty rights, even if it means being arrested.

“It’s not necessarily anybody goes into it with that idea, like, yeah, we’re going to be arrested, right? It’s that, yeah, we’re committed to saving this tract of land and to, you know, actively use our treaty rights here,” she told CBC News.

Knott’s view epitomizes a clash of cultures in B.C. This province is unique in Canada in that only two historical treaties were signed with indigenous people. As a result the question of land ownership remained unsettled for much of B.C. until the Tsilhqot’in decision of the Supreme Court of Canada. It ruled that, yes, B.C. natives had aboriginal title to a 1,750 square kilometres region.

The implications of the Supreme Court ruling are unclear. Globe and Mail reporter Jeffrey Simpson says: “The court’s ruling was complicated, which might explain the variety of interpretations. It did say that the Tsilhqot’in First Nation had aboriginal title over a portion of the land it had claimed, but by no means all of it.”

B.C.’s aboriginal leaders have a different interpretation. The Union of British Columbia Indian Chiefs and representatives of the First Nations Summit and the B.C. Assembly of First Nations argue that the ruling gives title to aboriginals over all of British Columbia, not just pieces where the courts decide title exists.

In a press release last June, First Nations affirmed that in one of four principles: “1) Acknowledgement that all our relationships are based on recognition and implementation of the existence of indigenous peoples inherent title and rights, and pre-confederation, historic and modern treaties, throughout British Columbia.”

In their view, in light of the ruling, nothing has changed from before European settlers came here.

From a technical viewpoint, there’s disagreement about the need for this dam. I argued a year ago that, while dams are an excellent complement to solar and wind, Site C will produce power that we don’t need now; especially not now that the scaled-down LNG plants won’t need the electricity. While the technology is sound, the location at site C isn’t at this time.

 

 

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