A sign protesting the Site C proposal is pictured near Hudson's Hope B.C. on July, 17, 2014. (Photo: Jonathan Hayward/The Canadian Press)"Why don't they respect and follow their own constitution? Section 35. Existing aboriginal treaty rights," Bellegarde said in an interview with The Canadian Press.
Members of the B.C. First Nations involved in the Site C challenge are currently travelling across Canada to Montreal and plan to hold a rally ahead of the hearing. The court case involves two B.C. First Nations — Prophet River and West Moberly First Nations — against the federal attorney general, the federal ministers of the environment, fisheries and oceans and transport as well as the B.C. Hydro and Power Authority. The appeal pertains to the 2014 federal approval for the project following an environmental assessment conducted by Ottawa and the B.C. government. B.C. Premier Christy Clark has championed the Site C project, noting it will be a source of affordable and clean power for more than 100 years.
"There's indigenous peoples buried throughout that valley so you're disrespecting inherent rights, you're disrespecting treaty rights."
—AFN National Chief Perry Bellegarde
British Columbia Premier Christy Clark arrives for a meeting of Premiers in Whitehorse, Yukon on July, 22. (Photo: Jonathan Hayward/The Canadian Press)But the assessment noted significant adverse environmental effects associated with Site C. At the end of July, the federal Fisheries and Oceans Department also granted permits allowing construction on the dam, generating station and other associated operations to proceed. On Friday, the department said this decision was made after it had completed a review under the Fisheries Act that included "extensive First Nations consultations." "The project will have impacts on fish and fish habitat and for that reason the government is requiring B.C. Hydro to take steps to reduce and offset the project's potential effects on the Peace River," it said in a statement. "There are more than 40 specific conditions as part of the authorization which must be adhered to ... if these prove insufficient, Fisheries and Oceans may add further conditions during the project."
Issue a 'great concern'This approach has not calmed critics. Harms associated with Site C include the inability of First Nations to exercise treaty and constitutional rights, according to Amnesty International Canada. "Indigenous people anywhere in Canada should be looking at this case with great concern because if the federal government is prepared to approve this project ... what's the limit?" said indigenous rights campaigner Craig Benjamin. "Is there any project that they wouldn't approve?" In August, Environment Minister Catherine McKenna announced the establishment of an expert panel to review federal environmental assessment processes. Her office has noted it will not backtrack on previous approvals. Justice Minister Jody Wilson Raybould, a former B.C. regional chief for the AFN, said in 2012 that Site C ran "roughshod" over indigenous rights and title. "The country's reputation is at stake with approval of these projects like Site C, like the Enbridge pipeline," Wilson-Raybould said in remarks recorded and posted on Youtube. The minister's office did not respond to a request for an updated comment on Friday. NDP intergovernmental indigenous affairs critic Romeo Saganash, who is pressing the federal government to support his private member's bill designed to ensure Canadian laws respect the UN Declaration on the Rights of Indigenous Peoples, said he agrees with Bellegarde's assessment of the constitutional issues surrounding Site C. "An important aspect of our constitutional law today (is) that you need not only to consult but to accommodate the concerns that were expressed in that consultation," Saganash said. —Follow @kkirkup on Twitter
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