Court Denies Injunction but Orders Treaty 8 Infringement Trial before Site C Reservoir Flooding

(Fort St. John, B.C., Treaty 8 Territory, October 24, 2018) 

The British Columbia Supreme Court has ordered that a full trial should occur prior to the flooding of the Site C Reservoir in its ruling on an injunction application brought by West Moberly First Nations with support from Prophet River First Nation.

The Court agreed with West Moberly that there is a “serious issue to be tried” and a risk of “irreparable harm” being suffered prior to trial, but declined to grant the requested injunction. However, it ordered that a full trial should occur before the Site C reservoir could be flooded in 2023, leaving open the possibility of a permanent halt to the project.

“We will do whatever it takes to protect the land and to preserve the customs and traditions of our Dunne-za ancestors,” said Chief Kirk Tsakoza of Prophet River First Nation.

“We have every intention of proceeding to trial, and will be deciding whether an appeal of this judgement is necessary as well,” said Chief Roland Willson.

“The Court may have chosen not to suspend work on the dam, but that doesn’t mean this Project will ever be completed. As the 200 evacuees at Old Fort could tell you, the unstable north banks of the Peace River may have other plans,” said Chief Tsakoza.

“This judgement doesn’t transform Site C into a good project. It’s not a vindication. It’s another warning shot. The question to ask is how many billions of dollars will be wasted, and how many human lives will be put at risk by carrying on with this boondoggle?” said Chief Willson.