What Do The Recent Site C Decisions Mean For Major Projects In British Columbia?

Over the past month, the British Columbia Supreme Court and the Federal Court have rendered a set of decisions pertaining to the Site C Clean Energy Project. In doing so, the Courts have made clear that there is no requirement for First Nations to agree that consultation has been adequate, and they have made clear that governments can continue to govern in the public interest provided proper consultation has occurred. These decisions are important not only for the Site C Hydroelectric project – but also for any major project in British Columbia where the Crown and First Nations may disagree on whether consultation was adequate.

Background

The Site C Clean Energy Project is a proposed dam and hydroelectric generating station that would be constructed on the Peace River near Fort St. John, BC. The Project components include a 1050 metre long dam, an 1100 megawatt generating station and associated structures, an 83 kilometre long reservoir, a transmission line, and