Written by Gordon Hoekstra
Citizen staff
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Thursday, 02 July 2009 |
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The settlement -- which received 80 per cent support from the Tsay Keh Dene members who voted -- provided a one-time payment of $20.9 million and annual payments of $2 million.
Of the 269 eligible voters 18 years or older, 167 cast a vote. There are an estimated 380 Tsay Keh Dene members.
"The ratification allows the province to right a historic wrong done to the Tsay Keh Dene First Nation," Aboriginal Relations and Reconciliation Minister George Abbott said in a prepared statement.
"It will allow them to move forward and build for a positive future and I applaud the leadership and vision of the chief and council for their commitment to delivering this agreement for the benefit of the whole community," said Abbott.
The Tsay Keh Dene started legal action against B.C. Hydro, the province and Canada in 1999 for an alleged breach of fiduciary duty and infringement of aboriginal rights, and damages related to the construction and operation of the dam an reservoir.
In 2006, an agreement in principle was reached between the Tsay Keh Dene, the province and B.C. Hydro.
"This positive vote is a signal that our community wishes to close the door on the past and look to the future," said Tsay Keh Dene chief Ella Pierre. "The benefits from this agreement will allow us to create a more secure and prosperous future for our people today and for our children tomorrow," she said.
The deal also includes assurances that the road into the community will be maintained and there will be capacity money for the band on any discussions on impacts of new B.C. Hydro projects.
The impact of the Bennett Dam, which created one of the largest man-made lakes in the world, destroyed a way of life for many Tsay Keh Dene, according to a report filed as part of a review of a mining project in their traditional territory.
The dam caused the flooding of 640 square miles of productive Tsay Keh Dene territory, villages, grave sites and trap lines. The Tsay Keh Dene people were moved south to reserves near Mackenzie but later migrated back to one of their original village sites.
The reservoir became a health hazard due to the dust it creates and a transportation barrier to movement in the territory. The flooding has also resulted in high levels of mercury in fish, so that the Tsay Keh Dene cannot eat fish caught in Williston Lake, said the report produced in 2007.
B.C. Hydro president and CEO Bob Elton said they Crown utility was pleased the Tsay Keh Dene supported the agreement.
Elton said the settlement provides certainty for B.C. Hydro's operations at its Peace River facilities, but more importantly it was simply the right thing to do as it corrects past wrongs done to the Tsay Keh Dene, said Elton.
The deal with the Tsay Keh Dene follows a similar agreement reached between the province and B.C. Hydro with the Kwadacha First Nation, also impacted by the Bennett Dam and the Williston Reservoir.
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Last Updated ( Thursday, 02 July 2009 )
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