First Nations appealing court ruling on Kenney Dam case

A decision was made by the BC Supreme Court on January 7th that found the operation of Kenney Dam was harming the Nechako River, but that Rio Tinto was not responsible for the nuisance.

The Saik’uz and Stellat’en First Nations announced today (Thurs) that they will proceed with an appeal to try and hold Rio Tinto responsible for the damages.

“Our people have seen the impacts of the dam on our rivers and our fisheries, we know natural flows need to be returned before it is too late. Rio Tinto has responsibilities as well as government, and all
parties need to be held to their obligations,” said Stellat’en Chief Robert Michell.

“Our Nations are going to do what it takes to restore the river and
protect the fish that populate the Nechako watershed. It is a matter of key importance for us to defend our cultural inheritance for future generations,” said Saik’uz Chief Priscilla Mueller.

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

The court decided that Rio Tinto would not be held responsible for the nuisance, as the dam and operations were authorized by Canada and BC.

The Court of Appeal will also be asked to order the restoration of the Nechako River, and support the fish populations.

Editor’s Note:

A Rio Tinto spokesperson has responded to this article and has issued the following 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. We will continue to collaborate with First Nations, governments and other stakeholders on improving the health of the Nechako River.