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Another court case against Site C has been dismissed by the B.C. Supreme Court. Justice Robert Sewell released his decision on Friday in the case of the Prophet River and West Moberly First Nation against the project.

“I am satisfied that the petitioners were provided a meaningful opportunity to participate in the environmental assessment process. I am also satisfied that the environmental assessment process as a whole did provide the petitioners with a reasoned explanation as to why their position, that the Project should not proceed at all, was not accepted.”

According to the Globe and Mail, a key part of the claim by the two bands was the project would violate Treaty 8.  In his decision about the case, Justice Sewell stated that ““if, as a result of taking up [land], a Treaty 8 First Nation no longer has a meaningful right to hunt, trap, or fish in its traditional territory, then this would result in an infringement of Treaty 8.”

But he ruled that a petition to the Supreme Court was the wrong place to hear that argument.

“I have concluded that the infringement issue as framed by the petitioners cannot be determined in this proceeding,” Justice Sewell stated. “In my view, an action commenced by notice of civil claim and conducted in accordance with the Supreme Court Civil Rules is the proper forum for determination of the infringement issue.”  Read more of the Globe and Mail story here:  First Nations lose bid to nullify government OK for Site C dam

Justice Sewell also dismissed an earlier case by the Peace Valley Land Owners Association.  That organization has decided to appeal the decision.  At this time, there is no word on if the Prophet River and West Moberly First nations will appeal this decision.

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