BC Supreme Court determines the Nechako River is harmed by Kenney Dam

A decision by the BC Supreme Court was made today (Friday) that found that the operation of Kenney Dam by Rio Tinto is harming the Nechako River and it’s fisheries.

The Saik’uz First Nation put out a release saying that the Saik’uz and Stellat’en brought forward this court action to prove that damage was being done.

The Court found that the Kenney Dam contributed to a decline in nechako white sturgeon and sockeye salmon population.

“We are pleased that the Court has recognized how important the river
and its resources are to our community and our culture, and we’re grateful to the community members who testified at trial as well as the generations before us who have long fought to protect the Nechako,” said Councillor Jackie Thomas, the named plaintiff when the case was brought in 2011.

Rio Tinto is not being held responsible for the nuisance, as the dam and operations were authorized by Canada and BC.

“While we are disappointed that (Rio Tinto) has not been directly required today to restore the flow of the river, we are glad that the court has recognized that the Crown has a duty to take positive action to protect the fish and our rights as First Nations people,” said Saik’uz Chief Priscilla Mueller.

Mueller is calling on Rio Tinto, as well as both levels of government to start making improvements to the health of the river soon.

A Rio Tinto spokesperson responded to the Saik’uz release and gave a statement.

“Rio Tinto remains fully committed to working with the Saik’uz, Stellat’en Nations and other First Nations in the watershed to build mutually beneficial, respectful and transparent relationships in a spirit of reconciliation.”

“Improving the health of the Nechako River is a goal we all share and we are actively engaged with First Nations communities on this priority. Rio Tinto believes that governance of the flows on the Nechako River should be an inclusive process. We will continue to collaborate with First Nations, governments and other stakeholders to review all aspects of the Nechako Reservoir management process.”