The Athabasca Chipewyan First Nation has filed a notice of civil claim in B.C. Supreme Court alleging B.C. hydroelectric dams unlawfully interfered with its treaty rights.
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The Athabasca Chipewyan First Nation in Alberta has sued the British Columbia and federal governments and BC Hydro, alleging the province’s hydroelectric dam projects were built without regard for its treaty rights, culture and way of life.
Chief Allan Adam filed the notice of civil claim on behalf of the First Nation in B.C. Supreme Court last week.
The claim argues the alleged interference dates from the 1960s, when the W.A.C. Bennett Dam was built, through to the recent completion of the John Horgan Dam, formerly referred to as Site C.
According to the lawsuit, potential downstream impacts in Alberta from the Bennett Dam were not communicated to the First Nation at the time.
The notice of civil claim also alleges the John Horgan Dam had measurable impacts on water flows in the Peace-Athabasca Delta, despite what the lawsuit describes as BC Hydro’s assurances.
The lawsuit says the delta is in the heart of the First Nation’s territory and that the hydroelectric projects have allegedly harmed wildlife, fish and vegetation.
The claim further alleges the projects destroyed hunting, trapping, fishing and gathering opportunities for its members.
The federal and provincial governments and BC Hydro have not filed responses to the lawsuit, which contains allegations that have not been proven.
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