Court decision affirms First Nations landowner rights – Journal of Commerce
Aboriginal title must be given the same rights as any other private landowner, the B.C. Court of Appeal ruled in a historic decision this month.
The ruling stems from a case brought forward by Saik’uz First Nation and Stellat’en First Nation. They claim that Rio Tinto Alcan’s Kenney hydroelectric dam on land they assert aboriginal title over has severely damaged the Nechako River and its fisheries.
“The dam doesn’t operate like normal dams,” explained Gregory McDade, attorney for the plaintiffs.
“It diverts the water to an entirely different water system and makes the power that way,” he said. “They are taking water permanently out of the river … that’s really adversely affected the river, causing erosion and extinction of certain fish species.”
