On October 24, 2018, the British Columbia Supreme Court released
the latest decision in the West Moberly First Nation's series
of legal challenges to the "Site C" project, a
hydroelectric dam, generating station and associated
infrastructure, currently under construction along the Peace River
in northeastern British Columbia. West Moberly has opposed the
project from its inception and, in a series of challenges since
2010, has along with other Indigenous groups sought judicial review
of various regulatory approvals issued for the project.
Those judicial review efforts were unsuccessful, and in January,
2018, West Moberly commenced an action against Canada, British
Columbia and BC Hydro that the Site "C" project
unjustifiably infringes West Moberly's treaty rights. West
Moberly then applied for an interlocutory injunction. West Moberly
alleged that the project poses a threat to its Treaty 8 rights and
sought to stop all construction and related activities on
