Vaughn Palmer: Manoeuvring to short-circuit lawsuits against hydro power development

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A negotiated settlement might be the best bet, particularly given the likelihood that with appeals, Site C will be producing electricity before the litigation is concluded.

VICTORIA — Not often does a government press release lay out two options in such dramatic contrast as the one this week on the high-stakes legal battle over Site C.

Or a well-meaning attempt to find alternative resolution to the longest-running and farthest-reaching of the legal disputes surrounding construction of the giant hydroelectric dam at Site C on the Peace River. The First Nation failed to persuade B.C. Supreme Court Justice Warren Milman to grant a full or even a partial injunction against the B.C. Hydro project.

But even as the judge rejected an injunction, he recognized that West Moberly was entitled to an expedited trial on its claim of treaty infringement. The scheduling conference took place earlier this month and resulted in the two-pronged approach announced this week, including both West Moberly and the similar claim from Prophet River.

 

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