Kwadacha and Tsay Keh Dene First Nations, Agreements-in-Principle with the BC Hydro and Power Authority and the Province of British Columbia

Davis LLP was instrumental in negotiating, on behalf of the Kwadacha and Tsay Keh Dene First Nations, Agreements-in-Principle with the BC Hydro and Power Authority and the Province of British Columbia for the resolution of issues and claims relating to the flooding of First Nations' traditional lands

Matter Value: CAD 15,000,000

Davis LLP was instrumental in negotiating, on behalf of the Kwadacha and Tsay Keh Dene First Nations, Agreements-in-Principle with the BC Hydro and Power Authority and the Province of British Columbia for the resolution of issues and claims relating to the flooding of First Nations’ traditional lands as a result of the construction of the WAC Bennett Dam and Williston Reservoir in the late 1960’s, and the resulting displacement and other damages suffered by both communities.

Brian Hiebert, John Landry and Jason Herbert of Davis LLP's Vancouver office acted for the Kwadacha First Nation in the negotiations leading to the Agreement-in-Principle which, on ratification of a Final Agreement, will provide for lump sum payments to Kwadacha of approximately $14 million, plus ongoing annual payments of approximately $1.5 million per year (adjusted for inflation). The Agreement-in-Principle also provides, among other things, for the establishment of a $2 million Energy Fund to cover costs of BC Hydro assuming responsibility to provide electricity service to Kwadacha, year-round road maintenance, funding for health studies, and the provision of contracting and employment opportunities for members of both communities.

The Agreement-in-Principle, which is not a comprehensive treaty, will resolve a lawsuit Kwadacha brought against BC Hydro and the Province in the Supreme Court of British Columbia in 2001, without affecting Kwadacha’s still outstanding claims against the federal government.

Related Lawyers

Jason Herbert
604.643.2928

Brian Hiebert
604.643.2917

P. John Landry
604.643.2935

Practice Areas

Jurisdictions

  • British Columbia