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Site C Must Be Canceled And A Fair And Just Transition Instituted For Those Jobs Affected By The Cancellation PDF Print E-mail
Earth News
Posted by Joan Russow
Saturday, 03 June 2017 20:57

BY Joan Russow PhD

Global Compliance Research Project

SITE C

 

 

 

The evidence based UBC Report said:

 

We came to the conclusion, looking over 10 different scenarios, that it makes the most economic sense to suspend or cancel Site C while the project is referred to the BC Utilities Commission.”

 “Our analysis indicates that cancelling the Site C project as   of June 30, 2017, would save between $500-million and $1.65-billion, depending on future conditions"

 I believe that the court erred in the Treaty 8 injunction case by failing to take into consideration international law and significant principles related to injunctions.

Article 1 of the legally binding International Covenant on Civil and Political Rights affirmed:

In no case may a people be deprived of its own means of subsistence.

`

In the1991 BC Litigation publication, Justice J.A. Norris described the nature of the injunctive remedy in BC Law in the following way:

 

The remedy [of injunction] is an equitable one. The exercise of the equitable jurisdiction is not to be restricted by the straitjacket of rigid rules but is to be based on broad principles of justice and equity regarding the substance and not merely the facade or the shadow. It moves with time and circumstances

 

Since 1991, time and circumstances have changed not only through provisions in the 94 recommendations of the Truth and Reconciliation Commission but also through Canada’s adoption of the UN Declaration on the Rights of Indigenous peoples

 

Both the Green Party and the NDP made a commitment to the recommendations of the Truth and Reconciliation Commission.

In the Green Party platform was the following;

In the NDP Platform was the following:

"We will make reconciliation with First Nations a priority,

Truth and Reconciliation Recommendation 92 reads: commit to obtaining the free, prior, and informed consent of Indigenous peoples before proceeding with economic development projects.

 

The NDP referred to the UN Declaration on the Rights of Indigenous Peoples that has been adopted by 190 nations, including Canada, and agreed:

Article 19, in the Declaration on the Rights of Indigenous «peoples

There has been NO free, prior and informed consent given by treaty 8.

Not only was there no free prior informed consent, there was complete disregard for the impact on food security and rights of future generations.

Both the platforms referred to food security and the rights of future generations.

 

 iN 2017, Almost 60% of the British Columbia voted for respecting the rights of first Nations, for  future generations, and for  transition to a sustainable economy.

 

The issue of site c has to be a priority, because it is time dependent so the recommendation in the UBC report should be followed and all further construction must end and it should be cancelled well before June 30 so as to save between $500-million and $1.65-billion, depending on future conditions,” Perhaps site c should be canceled even before may 31  to prevent further expropriation of farm land

There should be compensation for farmers and First Nations who have been impacted already by the construction of  Site C construction. There must also be a fair and just transition, into the green economy, for Canadian workers affected negatively by the cancellation of SITE C.

Last Updated on Friday, 09 June 2017 09:15
 

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