On Site C, is First Nations approval Plan A?
Energy: Native groups, empowered by Tsilhqot’in decision, remain staunchly opposed
While the B. C. Liberals took another step Tuesday toward approving an $ 8- billion hydroelectric dam at Site C on the Peace River, they’ve made little progress in removing the biggest obstacle in their way.
That would be securing approval from the First Nations whose traditional way of life, hunting, fishing and trapping rights, and aboriginal title would be infringed beyond mitigation by the BC Hydro-built dam and reservoir.
The progress of those efforts to date are detailed in a 91- page consultation and accommodation report, released Tuesday along with federal and provincial environmental approvals for Site C.
The report recounts how governments stepped up their efforts to consult and accommodate First Nations following the May release of the findings of the independent joint review panel on Site C, which highlighted fundamental concerns about the impact on aboriginal communities.
“The panel concludes that the project would likely cause significant adverse effect on fishing opportunities and practices for First Nations.” Ditto on hunting, trapping, and other traditional and constitutionally protected rights. Moreover: “Some of these effects cannot be mitigated.”
Post- panel consultations began June 10 with the affected First Nations. Later that month, the Supreme Court of Canada recognized aboriginal title for the first time in B. C., in a landmark decision that heightened government obligations to respect aboriginal rights and title, for current as well as future generations.
Against that backdrop, governments did not get very far in assuaging doubts among First Nations, according to the Site C consultation and accommodation report.
“Through written comments received during the post- panelstage consultation activities, many First Nations exercising rights in the area of the proposed reservoir and dam site restated their outstanding concerns, noting that even with proposed Crown conditions placed on the proponent ( BC Hydro), the impacts of the proposed project on their hunting, trapping and fishing rights would be severe.”
Site C would have its greatest impact on seven aboriginal groups whose traditional territory overlaps the area that would be flooded by the reservoir: the Saulteau First Nations, Blueberry River First Nations, West Moberly First Nations, Doig River First Nation, McLeod Lake Indian Band, Halfway River First Nation and Prophet River First Nation.
All seven “reaffirmed their fundamental opposition to the proposed project during the post- panel stage,” the report says. Several “indicated that offers of compensation would not fully offset the potential impacts of the proposed project on their exercise of treaty rights if the proposed project was constructed and further, that in their view, these impacts could not be justified given the alternatives available and the lack of an urgent need for the electricity that would be generated by the proposed project.”
After the consultations wrapped up in late July, Hydro wrote to the West Moberly and Prophet River First Nations, offering land elsewhere and a “multimillion- dollar compensation fund.” Two days later, West Moberly Chief Roland Willson wrote back that it would first be necessary to complete an assessment of the cumulative impact of the project.
His First Nation and two others also advised governments as follows: “While we continue to make ourselves available to meet with Hydro to discuss avoidance of adverse effects through consideration of alternative sources of electricity generation, we maintain our view that it is simply not possible to adequately compensate our community for the permanent destruction of the Peace River Valley.”
Case closed? Maybe not. But it doesn’t sound promising. Nor are those the only First Nations with legitimate concerns about the project.
The governments acknowledge there would be lesser, though still significant, impacts on five other groups with territory or other interests downstream from the proposed dam: the Horse Lake First Nation, Métis Nation B. C. and Kelly Lake Métis Settlement Society in B. C., as well as Duncan’s First Nation and Dene Tha’ First Nation in Alberta. Several of those have expressed significant reservations as well.
There’s also the issue elevated by the Supreme Court, namely the need to consider the interests of future generations of native people. “The following values will be significant and adversely affected by the proposed project: fish and fish habitat, current/ traditional uses of aboriginal people, heritage resources, wildlife habitat, species at risk, rare plants and ecological communities that are unique to the Peace River valley, agricultural lifestyle and sense of place,” the report says, adding, “Some or all of these values may be important to future generations.”
Not to say there aren’t other legitimate objections to the project, including economic, community and regulatory concerns. Still, it looks to me as if First Nations are best positioned to put a stop to it.
In briefing reporters on the next steps in the approval process Tuesday, Environment Minister Mary Polak admitted that none of the seven key First Nations have come to terms, though five are “in negotiations” and the other two are in receipt of offers.
Wouldn’t the government need consent from all seven before going ahead with Site C? “We don’t believe that there is such a thing as a veto,” she replied. She may be right. But it may take another generation worth of courtroom battles to establish the point one way or another.