Carrier Sekani Lose SCOC Ruling On Alcan

Thursday, October 28, 2010 10:04 AM

Prince George, B.C. - The Carrier Sekani Tribal Council has lost its court bid, seeking inclusion in consultations between BC Hydro and Alcan on the 2007 sale of excess power from its hydroelectric dam.

The Supreme Court of Canada released its ruling this morning saying the B.C. Utilities Commission did not act unreasonably in approving the 2007 Energy Purchase Agreement.

The SCOC ruling goes on to state:

"The Commission accepted that it had the power to consider the adequacy of consultation with Aboriginal groups, but found that the consultation issue could not arise because the 2007 EPA would not adversely affect any Aboriginal interest. The British Columbia Court of Appeal reversed the Commission’s orders and remitted the case to the Commission for evidence and argument on whether a duty to consult the First Nations exists and, if so, whether it had been met. Alcan and BC Hydro appealed.

Held: The appeal should be allowed and the decision of the British Columbia Utilities Commission approving the 2007 EPA should be confirmed."

The SCOC justices noted that when the dam was built in the 1950s by the government of the day, that government -- pursuant to the practises of the time -- did not consult with the First Nations that claim the Nechako Valley as their ancestral homeland.

To view the entire ruling, click here.

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Posted on Thursday, October 28, 2010 10:04 AM in News by 250 News

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Comments

Posted by: bruiserbee on October 28 2010 11:27 AM

Is this actual logic emanating from a court regarding First Nations rights?

Posted by: Andyfreeze on October 28 2010 11:43 AM

I learned today that Carole James husband was just elected Chief for a band in Burns Lake.
So will Carole be moving to Burns lake?
Another one of those things that make you go...hmmmm....

Posted by: He spoke on October 28 2010 12:14 PM

Well, you can not win them all. Can you imagine trying to build a dam like that in 2010. It would take 30 years of consultations and payoffs before you turn one shovel....... Oh site C

Posted by: acrider54 on October 28 2010 12:24 PM

I believe that is where Carol is from Andy

Posted by: Andyfreeze on October 28 2010 2:17 PM

I guess it is now acrider54!
Maybe I can drop over to Burns Lake and have tea and a chat with her?