1

Indigenous Land Rights and Resource Development in British Columbia

Sujay Kaippilly Shibu (2243282)

University Canada West Business Environment,

Ethics & Strategy – BUSI 601

Prof. Eslam Al Hogaraty

October 26, 2023

Site C Clean Energy Project

The Site C Dam is a significant hydroelectric project on the Peace River in northeastern

British Columbia, Canada. The dam, officially known as the Site C Clean Energy Project, is the

third hydroelectric dam on the Peace River and is considered one of the largest infrastructure

projects in the country. BC Hydro, a crown corporation responsible for electricity generation in

the province, operates the project.

Introduction

The Site C Clean Energy Project in British Columbia, Canada, is a contentious $16

billion hydroelectric megaproject, the third on the Peace River. Despite opposition, the West

Moberly First Nations settled out of court, acknowledging the project's inevitability. The dam

will flood 5,550 hectares of land, impacting Indigenous hunting and fishing areas. The ethical

issue revolves around the violation of Indigenous land rights, loss of ancestral lands, and cultural

disruption. The project symbolizes broader concerns about large-scale hydroelectric

developments' environmental and social impacts on Indigenous territories, challenging the notion

of reconciliation in pursuing green energy solutions.

Micro Analysis

Stakeholder Identification

Internal stakeholders include B.C. Hydro representatives, project management, and

investors affected by the partial agreement with West Moberly First Nations on the Site C dam

project. External stakeholders comprise the Indigenous community, provincial and federal

governments, local communities, environmental NGOs, Treaty 8 First Nations, B.C. Energy

Minister, B.C. Hydro CEO, local businesses, legal bodies, Site C dam project workers, and
 3

international organizations. The settlement addresses Indigenous concerns and involves land

transfer, contracting opportunities, and releasing claims against the project.

Stakeholder Perspective

Indigenous communities, notably West Moberly First Nations, prioritize protection of

ancestral lands and cultural heritage, opposing the Site C dam due to perceived violations of

rights and loss of territory. Governments and B.C. Hydro seek project continuity for economic

and energy goals, while investors focus on financial returns. Local communities, environmental

NGOs, and Treaty 8 First Nations emphasize environmental and social impacts. The settlement

reflects compromise but underscores the challenge of balancing development with Indigenous

rights.

Impact Assessment

The Site C dam project's positive impacts include increased clean energy generation,

economic development, and job creation. However, negative consequences involve displacement

and cultural disruption for Indigenous communities, environmental harm, and potential economic

shifts for local businesses. Immediate gains may be outweighed by long-term social and

environmental costs, raising ethical concerns about the project's overall sustainability and its

impact on the well-being of various stakeholders.

Corporate Response

B.C. Hydro acknowledged the challenging decision for West Moberly First Nations and

emphasized building respectful relationships. The company's president, Chris O'Riley, expressed

commitment to meaningful engagement. Their communication strategy aims to foster

collaboration, recognizing the settlement's difficulty. However, the broader response to

Indigenous concerns, including environmental impacts and cultural heritage, remains

challenging, requiring ongoing efforts to address ethical considerations and build trust with

affected communities.

Macro Analysis

Social and Environmental Context

In British Columbia, a societal shift towards environmental consciousness and

Indigenous reconciliation shapes the ethical issue surrounding the Site C dam. The province's

commitment to green energy clashes with Indigenous rights concerns, reflecting broader societal

values. Environmental awareness and calls for reconciliation impact the project's ethical

dimensions, demanding a delicate balance between energy development goals and preserving

Indigenous lands, culture, and rights.

Industry Impact

The Site C dam sets a precedent for resource development initiatives, influencing

Indigenous land rights. Its impact may shape the industry's approach to community engagement

and consultation, potentially fostering more inclusive practices. However, controversies

surrounding Indigenous rights could lead to increased scrutiny and regulatory changes, impacting

the feasibility of future projects. The broader industry faces the challenge of balancing

development goals with ethical considerations, particularly regarding Indigenous land rights and

cultural preservation.
 5

Legal and Regulatory Aspects

In British Columbia, Indigenous land rights are governed by constitutional and

international frameworks, including the Canadian Constitution Act, 1982 and the United Nations

Declaration on the Rights of Indigenous Peoples. Treaty 8, specific to the Peace River region,

guarantees certain rights. Alleged violations of these agreements underpin the Site C dam

controversy, with Indigenous communities arguing that the project breaches constitutional, treaty,

and international obligations, raising legal and ethical concerns about the adequacy of existing

legal frameworks.

Global and Local Implication

The Site C dam's impact extends beyond local concerns, influencing global perceptions

of Indigenous indigenization and reconciliation efforts. Its controversies highlight challenges in

achieving a balance between economic development and Indigenous rights. The project sets a

precedent for similar initiatives worldwide, emphasizing the need for inclusive, culturally

sensitive approaches. The outcome will likely contribute to the ongoing global discourse on

ethical and sustainable resource development, shaping future endeavors in the context of

Indigenous rights and reconciliation.

Ethical Framework

Applying the UN Declaration on the Rights of Indigenous Peoples and the Truth and

Reconciliation Commission's Calls to Action reveals ethical concerns in the Site C dam project.

Violations of Indigenous land rights and the lack of meaningful consultation conflict with these

frameworks, emphasizing the need for reconciliation and respectful engagement. The project
 6

should align with these principles, fostering a more equitable and just relationship with

Indigenous communities and promoting societal healing.

Recommendations

To address the ethical issue surrounding Indigenous land rights and enhance

indigenization and reconciliation efforts in the Site C dam project, several actionable

recommendations are proposed. Firstly, BC Hydro should prioritize meaningful and early

engagement with Indigenous communities, adhering to the principles outlined in the UN

Declaration on the Rights of Indigenous Peoples and the Truth and Reconciliation Commission's

Calls to Action. This includes obtaining free, prior and informed consent through transparent and

inclusive consultations.

Secondly, a comprehensive impact assessment, with a focus on cultural heritage and

traditional territories, should be conducted in collaboration with Indigenous communities. This

assessment should guide project modifications to minimize adverse effects on Indigenous lands

and ways of life (Coates, 1974).

Thirdly, BC Hydro should establish a dedicated Indigenous advisory committee, ensuring

ongoing collaboration and representation in decision-making processes (HeinOnline, 2021). This

committee can facilitate a continuous dialogue, addressing concerns and fostering a relationship

based on trust and mutual respect.

Moreover, the company should invest in Indigenous capacity-building initiatives (Chino

& DeBruyn, 2006), providing training and employment opportunities to local communities. This

commitment can contribute to sustainable development and empower Indigenous groups

economically.
 7

Lastly, a transparent reporting mechanism should be established (Dougherty et al., 2019),

documenting the project's social, cultural, and environmental impacts. Regularly sharing this

information with stakeholders, including Indigenous communities, ensures accountability and

facilitates an open dialogue on the project's progress and challenges. Implementing these

recommendations aligns with ethical frameworks, promoting a more responsible, inclusive, and

respectful approach to resource development.

Conclusion

In examining the Site C dam project in British Columbia, the micro-analysis revealed

intricate stakeholder dynamics, emphasizing the ethical concerns of Indigenous communities.

The macro-analysis highlighted the broader societal and global implications, underlining the

significance of ethical frameworks for sustainable resource development. Recognizing

stakeholder perspectives, particularly those of Indigenous communities, is paramount for

fostering positive outcomes. By prioritizing ethics and respectful relationships, resource

development projects can align with principles such as the UN Declaration on the Rights of

Indigenous Peoples, ensuring sustainability and mutual benefit for all stakeholders involved.
 8

Reference(s)

Coates, J. F. (1974). Some methods and techniques for comprehensive impact assessment.

Technological Forecasting and Social Change, 6, 341–357. https://doi.org/10.1016/0040-

1625(74)90035-3

Chino, M., & DeBruyn, L. (2006). Building true capacity: Indigenous models for indigenous

communities. American Journal of Public Health, 96(4), 596–599.

https://doi.org/10.2105/ajph.2004.053801

Dougherty, M. R., Slevc, L. R., & Grand, J. A. (2019). Making research evaluation more

transparent: aligning research philosophy, institutional values, and reporting.

Perspectives on Psychological Science, 14(3), 361–375.

https://doi.org/10.1177/1745691618810693

HeinOnline. (2021, March 8). About | HeinOnline.

https://heinonline.org/HOL/LandingPage?handle=hein.journals/revicos18&div=8&id=&

page=