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Second, the court found that West Moberly and Prophet River failed in their challenge in part because they chose not to engage fully in the approval process.

While maintaining the project would have severe impacts on their treaty rights, the two First Nations did not present persuasive evidence on that score. Prophet River in particular fell short. The court heard that the area over which the First Nation exercises treaty rights to hunt, fish and trap is more than 200 kilometres north of Site C.

“The evidence on record does not demonstrate that the exercise of (those) rights extends over 200 kilometres to the Site C project,” the court stated.

Instead of discussing ways to mitigate any impacts on their territory, the two First Nations were opposed to the project proceeding on any basis. Not an option in the court’s reading of the situation — there has to be some give and take on the part of First Nations as well as by the crown.

The court found that environmental review and subsequent approval by the federal cabinet had reached a reasonable conclusion that was “justified under the circumstances” and that met the standards of both the courts and the country’s environmental legislation.

Hence no need to send the project back to square one via the lengthy exercise in second guessing that a judicial review would entail. Still, that is not the end of the legal saga over Site C.

Hydro reckons this latest ruling is the 10th challenge to be dismissed or discontinued. Four legal actions remain, including a pending judgment from the B.C. Court of Appeal.