George Hoberg
Updated June 29, 2017
This morning the Supreme Court dismissed the leave the appeal for the Prophet River case, bringing the legal proceedings over this phase of the Site C proceedings to a close.
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 |