BC’s Supreme Court says that both the Federal and Provincial governments have an obligation to protect First Nations rights to fish in the Nechako River.
In a ruling from last week, the Court found Rio that the Kenney Dam has significantly damaged the Nechako River, and its ecosystems.
It was the result of a case initially brought to the Courts by the Saik’uz and Stellat’en First Nations more than a decade ago.
In the ruling from last Friday, Justice Nigel Kent found that the Dam’s operation has dramatically harmed populations of Sockeye salmon, and White Sturgeon in the River.
But Rio Tinto Alcan, who operate the Dam, argued that the project was approved by government regulators when built in the 50s.
They also say they have maintained all compliance with regulations, and because of that they cannot be held liable.
Ultimately, the Courts agreed that they could not be held responsible.
As a result, they turned down the Nations’ request to hold the company responsible for restoring the original flow of the river.
Instead, they stated that the obligation to protect the rights of the Nations to fish in the River rests with the Province, and Ottawa.
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