Appeals court breathes new life into lawsuit against Rio Tinto Alcan – Prince George Citizen
April 15, 2015
Two B.C. First Nations will be able to take their claims against Rio Tinto Alcan to trial, the B.C. Court of Appeal has ruled.
An attempt by the the Saik’uz and Stellat’en First Nations to sue the company for nuisance and breach of riparian rights with respect to the Kenney Dam and Alcan Reservoir had hit a roadblock when a lower court threw out their lawsuit.
But that was overturned Wednesday. In reaching its decision, the court rejected Alcan’s argument that First Nations have to prove their interests against the Crown before bringing a claim against a third party.
The legal action claims that Alcan’s operations of its dam and reservoir, and the diversion of water from the Nechako River since the 1950’s, are causing significant impacts to the Nechako fisheries and harming the aboriginal rights and title of the two First Nations.
