Status of significant litigation against the Site C dam

Claire Allen and George Hoberg
May 19, 2017

This table provides a resource to help understand the complex litigation against the Site C dam. Thus far, lawsuits challenging the approval decisions by the Government of British Columbia and the Government of Canada have all been dismissed. Plaintiffs in two of these cases, on First Nations treaty rights and consultation, have applied for leave to appeal to the Supreme Court of Canada – a decision on whether to hear the appeal is pending. The only case decided for the plaintiff was when BC Hydro applied to have an injunction enforced to remove protesters from disrupting construction.

Case Court and citation Subject Most recent action
Prophet River First Nation & West Moberly First Nation v. BC Hydro BC Court of Appeal (on appeal from BC Supreme Court)

2017 BCCA 58

Lack of an unjustified infringement determination and adequacy of consultation Dismissed Feb 2, 2017, plaintiffs have applied for leave to appeal to the Supreme Court of Canada
West Moberly First Nation & Prophet River First Nation v. BC FLNRO BC Supreme Court

2016 BCSC 2007

Adequacy of consultation Dismissed Oct 13, 2016
Prophet River First Nation v. Canada Federal Court of Appeal (on appeal of Federal Court decision) 2017 FCA 15 Whether the federal cabinet was required to consider whether environment effects constitute infringement Dismissed Jan 23, 2017, plaintiffs have applied for leave to appeal to the Supreme Court of Canada
BC Hydro v Ken Boon et al BC Supreme Court

2016 BCSC 355

Injunction against protesters blocking construction Injunction granted Feb 29, 2016
Peace Valley Landowner Association v. BC Min. of Environment BC Court of Appeal

2016 BCCA 377 (on appeal from the BC Supreme Court)

Whether the Government of BC could choose not to consider JRP recommendations for future government regulation of BC Hydro Dismissed Sep 15, 2016
Peace Valley Landowner Association v. Canada (Attorney General) Federal Court

2015 FC 1027

Whether the federal cabinet sufficient justified the significant adverse effects Dismissed Aug 28, 2015
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