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Story from Canadian Press:
VANCOUVER, B.C. - The Supreme Court of Canada will hear an appeal from mining giant Rio Tinto Alcan over a multibillion-dollar power deal that's been stalled because of objections by First Nations.
The Carrier Sekani Tribal Council, which is made up of eight British Columbia bands, has opposed the $2-billion project and complained that it wasn't properly consulted.
The B.C. Court of Appeal agreed in February and ruled that Rio Tinto Alcan, BC Hydro, the B.C. Utilities Commission and the province had a duty to consult the First Nations before signing off on the 2007 deal.
But Canada's highest court on Thursday agreed to hear Rio Tinto Alcan's appeal. As usual, the Supreme Court gave no reasons for its decision.
The power project would give BC Hydro long-term access to electricity produced at Rio Tinto Alcan's Kemano generating station near Kitimat in northwest B.C.
Chief David Luggi, spokesman for the Carrier Sekani Tribal Council, said Thursday's decision is in no way a defeat.
In fact, Luggi said, the council is glad the issue is receiving such national prominence.
"The way I'm looking at it is I'm delighted the highest court in the land will hear our issues," he said.
Luggi said the tribal council is concerned about the impact the deal might have on fish in the Nechako River.
He added that the council was not consulted when the Kemano station was built five decades ago.
"We have the right to be heard before these decisions are made," he said.
"We don't intend to accept that these impacts are permanent without turning over every stone available to us."
A Rio Tinto Alcan spokeswoman did not return calls seeking comment. |
The May, 2009 issue of Common Ground contains a special supplement,