Snuneymuxw First Nation is preparing to launch a series of legal actions regarding water resources in the region.
The legal actions will target the impacts on Snuneymuxw’s Treaty Rights that have occurred as result of licenses issued by the Province to Harmac between the 1940s and 1960s, as well as the Nanaimo’s plans to try to acquire those licenses.
“Water is of paramount interest to everyone in the region. It is the fundamental resource for all people. It is particularly vital for Snuneymuxw because of our Treaty protected relationship with our fisheries. How water is used, allocated, and accessed directly relates to our Treaty relationship with the Crown, and the jurisdiction of Snuneymuxw that is confirmed in that Treaty,” said Chief Doug White. “Snuneymuxw, and all citizens of the region, have been done a serious disservice for years by a handout of the region’s massive water resources to one private interest. That handout was not consistent with our Treaty and has had huge impacts on Snuneymuxw. We will stand for it no longer.”
Between the 1940s and 1960s the Province granted licenses to massive amounts of water to the private interests of Harmac. The water licenses granted to the company are from a number of sources in the region, including some water from the Nanaimo River.
The amount of water in these licenses is massive – far greater than the entire water used by all citizens of Nanaimo today. It is estimated Harmac only uses approximately 40 per cent of the water under the licenses, but despite this the water remains controlled by Harmac.
The estimated value of the water tied to the licences is in the tens of millions of dollars. In exchange, the Province receives approximately $102,000 a year.
Snuneymuxw anticipates its lawsuits will target the Province, Harmac, and the City.
“We will be pursuing damages for the existing and ongoing impacts on our Treaty Rights as a result of the licenses and Harmac’s use of water. We will also pursue challenges to any efforts by the Province, City, and Snuneymuxw to have a water-sharing agreement concerning the licenses,” said White.
Some Background
The Snuneymuxw Treaty of 1854 protects Snuneymuxw’s fisheries. The Nanaimo River is a core and essential part of those fisheries.
Between the 1940s and 1960s the Province granted licences to Harmac for approximately 330 megalitres per day of water.
The Province receives approximately $102,000 a year in exchange for the licences.
The City of Nanaimo’s current water demand is estimated on average between 40 – 50 megalitres per day.
Snuneymuxw First Nation has four reserves on which people live. In 2012 Snuneymuxw has to truck in water to three of those reserves.
