First Nations 'deeply frustrated' after B.C. Supreme Court dismisses Site C injunction

The West Moberly First Nations havelost a bid for an injunction order against B.C. Hydro's Site C dam project, meaning construction can continue.

On Wednesday, B.C. Supreme Court Justice WarrenMilmanrejected the bid, saying an injunction order would send the project into "disarray."

At the core of the case is WestMoberly'sargument that the multi-billion dollar BCHydro dam will cause irreparable harm to itsterritory and way of life rights protected under Treaty 8.

The nation, along with Prophet River,haspreviously said it believesSite C constitutes a$1 billion treaty violation.(WestMoberlyis one of the few nations in B.C. that is party to a numbered treaty in Canada.)

"Although the claim raises a serious question to be tried, WestMoberly's chances of ultimately succeeding with it and halting the project permanently are not strong," the justice wrote in hisdecision.

"The proposed injunction, in either of its iterations, would be likely to cause significant and irreparable harm to BC Hydro, itsratepayersand other stakeholders in the project, including other First Nations."

'Grave disappointment'

The Union of BC Indian Chiefs (UBCIC) released a statement Wednesday saying it was"deeply frustrated" with the decision.

"This decision is yet another grave disappointment to the Treaty 8 First Nations who have been betrayed, let down, and lied to by this provincial government," stated UBCICpresident Grand Chief Stewart Phillip.

TimThielmann, acting as West Moberly'slawyer, agreed the decision was "disappointing" but said it's not a win for BC Hydro just yet.

Thielmann noted the judge has ordered a trial before the reservoir area is flooded in 2023. That trialcould still result in a cancellation of the project.

"The First Nations have said here they remain unbowed and have every intention of proceeding to trial," he said.

"This is a matter justice, it's a matter of reconciliation and the rule of law and we don't believe any project is too big to be built on top of the constitutionally protected rights of Indigenous people in this country."

A spokesperson for BCHydro said there have been 15 different court actions against Site C and all decisions have sided with the project.

With files from Rafferty Baker