VANCOUVER, B.C. – A hearing to determine whether the West Moberly and Prophet River First Nations will be awarded an injunction to stop work on the Site C Dam ahead of a treaty infringement lawsuit will start in B.C. Supreme Court today.
The two First Nations filed the lawsuit and the injunction application on January 15, seeking either a complete stoppage on the dam, or for work to stop in so-called “critical areas” for a period of 18 months – which is the period of time for an expedited trial for the treaty infringement suit.
Two weeks ago, a judge ruled against BC Hydro after it sought to have certain sections of the West Moberly and Prophet River First Nations’ civil claim seeking an injunction to stop construction of the Site C Dam omitted.
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In a written decision on July 11th, Justice Warren Milman dismissed an application by Hydro to have three sections of the First Nations’ notice of civil claim thrown out.
In section 14(c) of their civil claim notice, the First Nations claim that “The Crown’s solemn promises, in the context in which they were provided, guarantee the Plaintiffs’ rights to meaningfully: (c) maintain access to resources and places which have a unique and central significance to their hunting, fishing, and trapping, or other aspects of their mode of life.”
The injunction hearing is expected to run until August 4th.