Site C is a proposed 60-metre high, 1,050-metre-long hydroelectric dam on the Peace River on Treaty 8 territory in northeastern British Columbia. It would create an 83-kilometre-long reservoir submerging 78 First Nations heritage sites, burial grounds and places of cultural and spiritual significance in flagrant violation of the Constitution Act, while also flooding approximately 5,550 hectares of ALR land.

The Province is only able to remove land from the ALR if it is deemed in “provincial interest”, Site-C is clearly not in public or the provinces’ best interest. Site-C violates International and Federal law through breaking treaty rights. Site-C and all construction therefore are in direct contravention of section 35 of the Constitution Act; Section 35 falls outside of the Charter of Rights and Freedoms, and it begins Part II of the Constitution. This allows Section 35 to be exempt from the “Notwithstanding Clause” that applies to the Charter. Essentially, this means the Provincial and Federal Governments cannot make decisions that override indigenous rights.. It is therefore evident that the Provincial Government is acting in extreme negligence of duty, as they are actively violating Federal Law.

Furthermore: Under Section 16 of the Agricultural Land Commission Act it is stated: 

16  Land included in an agricultural land reserve remains agricultural land in the agricultural land reserve unless excluded under this Act.

 Since the Province is only able to remove land from the ALR if it is deemed in “provincial interest” and as it is obviously not in Provincial interest to violate the Federal Constitution Act and law, I ask that the Federal Government of Canada and the office of the Ombudsperson take immediate steps to intervene and halt this project. 

Site-C infringes on the UN Declaration on The Rights of Indigenous Peoples. The fact that the Provincial Government has allowed BC Hydro to bypass regulatory reviews on Site C Dam and without a certificate of "public convenience and necessity” from the BCUC are evidence that this project is all the more suspect. 

In addition to violating the Federal Constitution Act, the government has bypassed due process and public examination of Site-C, which would flood an 83km stretch of the Peace River from Fort St. John to upstream of Hudson’s Hope, submerging 78 First Nations heritage sites, burial grounds and places of cultural and spiritual significance, destroying British Columbia’s Food Security through flooding 5,550 hectares of ALR land that has the capacity to feed over 1 million people annually.