West Moberly and Prophet River First Nations Legal Documents Launching the Court Challenge

January 15, 2019
Notice of Civil Claims
(these are the documents launching the civil suit alleging violations of Treaty 8)

January 31, 2018 Application for an Interim Injunction

West Moberly's Argument and Evidence submitted to the injunction hearing

19 July 2018 

Written argument submitted to the injunction hearing

31 January 2018

Affidavit of Chief Roland Willson
(Exhibits referred to in the affidavit have been removed to reduce file size)

BC Hydro's Responses

20 March 2018​

Hydro tries to exclude the expert witness affidavits filed by WMFN of Annette Muttray, Petr Komers (affidavit #1), Petr Komers (affidavit #2), Sheri Gutsell, Megan Thompson, Marc Eliesen, Harry Swain

28 February 2018

Hydro seeks more particulars from WMFN and costs of this application. The NoA claims “At present, the Notice of Civil Claim and particulars delivered to date fail to properly identify the alleged rights and corresponding infringements that the [WMFN] seek to have adjudicated” (Part 2, para 2).

23 March 2018 - No. 2

Hydro responds to the NoA filed by the AG of Canada on 16 March 2018 (seeking to strike certain paragraphs of the Swain affidavit). Hydro consents to granting of orders requested in Part 1, paragraph 1 of the NoA; does not oppose any orders requested; takes no position on orders requested in Part 1, para 2 of the NoA

29 March 2018

Hydro wants WMFN to produce within 2 days of this order, numerous documents including all retainer letters and instructing letters to the experts referred to in Schedule A; a list of every document relied on by the Expert in forming his or her opinion; notes, recordings and transcripts of interviews and oral histories referred to in some of the expert reports.

1 May 2018

Hydro wants to move the court case from Victoria to Vancouver. 

10 May 2018

BC Hydro’s Response to the Injunction Application.

Province of British Columbia's Responses

28 February 2018

Province seeks court orders for WMFN to provide further information concerning the Notice of Civil Claim, including more details about what has been violated, cumulative impacts they have experienced, the boundaries of their traditional territory, and why the Peace is of unique and central significance to the cultures annd traditions.

23 March 2018

Application Response: Province agrees with Hydro to exclude the affidavits by Swain, Komers, Muttray, Gutsell, Thompson, Eliesen. The Province agrees with and reiterates a summary of Hydro’s arguments for striking these affidavits. BC consents to granting of all orders. 

5 April 2018

Application Response: Province once again agrees entirely with and rubber stamps BC Hydro’s submissions.

10 May 2018

Province of BC’s Response to the Injunction Application

Attorney General of Canada’s Responses

7 March 2018 - No. 1

AG Canada responds to BC Hydro’s Notice of Application (NoA) filed 28 February 2018 consenting to the orders set out in Part 1, paragraph 1 of that NoA, opposing none of the orders in the NoA, and taking no position on the orders sought in Part 1, paras 2-3 of the NoA.

7 March 2018 - No. 2

AG Canada: responds to the Province’s Notice of Application filed 28 February 2018 consenting to orders set out in Part 1, paragraph 1 of the NoA, not opposing any orders sought in the NoA, and taking no position on the orders set out in Part 1, para 2 of the NoA.

20 March 2018

In regards to Harry Swain’s affidavit, the federal government seeks an order striking paras 7, 10, 12, 13, 16, 20, 21, 23, 27, 29, and 30 of Swain’s 31 January 2018 Report/Affidavit on the basis that these paras breach deliberative secrecy privilege.

21 March 2018

AG Canada responds to BC Hydro’s NoA filed 15 March 2018 noting that Canada does not consent to any of the orders sought in the NoA, nor does it oppose any orders sought in the NoA, Canada takes no position on granting of orders set out in Part 1, paragraphs 1 and 2 of the NoA.

5 April 2018

AG Canada  responds to BC Hydro regarding production of WMFN’s expert files. Canada doesn’t consent to or oppose any orders sought in the NoA. Canada takes no position on the granting of orders set out in Part 1 paras 1-6 of the NoA.

9 May 2018

Attorney General of Canada’s Response to the Injunction