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ARTICLE · 07 JANUARY 2015

First Nation Challenges To Hydroelectric Development - A Tale Of Two Provinces

Willms & Shier Environmental Lawyers LLP
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Ontario and British Columbia have both invested heavily in infrastructure to generate inexpensive power.

CanadaEnergy and Natural Resources

Ontario and British Columbia have both invested heavily in infrastructure to generate inexpensive power. Each province considers hydroelectric development a central component of its long term energy policy. Both provinces have longstanding legacy issues arising from a failure to consult First Nations about large provincial hydroelectric developments in the 1960s.

The proposed Site C Clean Energy Project (Site C) in British Columbia offers an opportunity to consider how the two provinces differ in their modern approach to hydroelectric development. The environmental approvals of Site C have generated applications for judicial review filed at the provincial and federal courts. Among the parties challenging the hydro development are several First Nations communities, including Treaty 8 Tribal Association, the Athabasca Chipewyan First Nation and the Mikisew Cree First Nation. The Peace Valley Landowners Association is also challenging Site C.

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