Editor,
In a meeting held on Nov. 14 in Fort St. John, Chief Lynette Tsakoza of Prophet River First Nation and Chief Roland Willson of West Moberly First Nations warned ministers Michelle Mungall [British Columbia Minister of Energy, Mines and Petroleum Resources] and Scott Fraser [Indigenous Relations] that a decision to build the Site C dam could lead to a billion-dollar Treaty infringement lawsuit.
The final report issued by the BC Utilities Commission (BCUC) on Nov. 1 strengthens our infringement claim considerably and makes cancellation the only viable option.
The BCUC found that we don’t need any new power for another 22 years. None. Even if we did, the NDP could access equivalent power from the Canadian Entitlement under the Columbia River Treaty for a fraction of Site C’s cost.
So, flooding our lands for no useful purpose would be madness. The BCUC’s report was the final nail in Site C’s coffin. The NDP just has to tap it in.
According to court cases like Sparrow and Tsilhqot’in, the B.C. government cannot infringe Treaty rights without a “substantial and compelling objective.”
The NDP ran on a promise of a Better BC. Obviously, flouting the Supreme Court of Canada’s rulings and attacking our Treaty rights isn’t what NDP voters had in mind.
At the meeting, the Nations reminded the Ministers that when the Quebec government attempted to build the James Bay dam without First Nations’ consent, it resulted in a $225-million settlement in 1975.
Today, that is the equivalent of about $1 billion when adjusted for inflation.
The leading energy expert Robert McCullough estimates that cancelling the dam would save British Columbians about $4 billion. You can make that $5 billion because if the NDP approves this boondoggle they’ll force us to seek damages for infringement of our Treaty.
The ministers heard that continuing with Site C violates at least four Articles of the United Declaration of the Rights of Indigenous Peoples (UNDRIP), which the NDP Government has committed to uphold.
The First Nations also said the impact benefit agreements signed by others don’t satisfy UNDRIP. What UNDRIP requires is free, prior and informed consent. Every First Nation opposed this dam when it was first proposed.
But if “yes” is the only answer the government will accept, how free is that consent?
The First Nations presented the Ministers with advice on how to ensure Site C’s cancellation benefits the local economy and other First Nations.
We offered the ministers a new vision for the Peace Valley. One that will support the local economy, create jobs, and begin repairing relationships with every First Nation.
There’s lots of work to be done reclaiming the site and building new infrastructure throughout the province.
We’ve invited Premier John Horgan to a feast with our communities, so he can hear from our Elders and speak with our leaders in a way that shows respect for our culture, for the land, and for the significance of the decision before us all.
We are still waiting for his reply.
Chief Roland Willson
West Moberly First Nations
Chief Lynette Tsakoza
Prophet River First Nation