The Líl̓wat Nation is taking the B.C. government and BC Hydro to court over the application of DRIPA, which is the Declaration on the Rights of Indigenous Peoples Act.
Three years ago, the Líl̓wat Nation purchased a majority stake in a hydro plant near Whistler, the Brandywine Creek Run-of-River Power Project, which has enough electricity to power 3,500 homes.
Now the nation is taking the B.C. government to court, arguing that the renewal rate offered by BC Hydro was too low and violated the government’s duty to consult.
In a petition to the court, the nation is claiming that the Crown failed in its constitutional duty when negotiating a new deal for the price for that power.
“BC Hydro has presented its arguments and its view, which is consistent across IPPs (independent power producers) and will continue to support the acquisition of electricity and ensure our customers are protected,” B.C.’s Energy Minister, Adrian Dix, said on Tuesday.
In court filings, the nation says that BC Hydro “has absolutely refused to discuss or consider the interests of the Lil’wat Nation in the renewal of the Rockford EPA (Electricity Purchase Agreement).”
Get breaking National news
Get breaking Canada news delivered to your inbox as it happens so you won’t miss a trending story.
The Conservatives argue the case shows DRIPA is creating uncertainty around investment in B.C.
“If BC Hydro loses this case, all 119 independent power projects are at risk of higher costs if the supplier has Aboriginal ownership, which will fuel already existing economic uncertainty in the province,” Larry Neufeld, BC Conservatives’ energy critic, said.
BC Hydro argues that the Lil’wat Nation bought into the project knowing the contract terms, and says consultation obligations do not extend to improving a nation’s negotiating position.
“The EPA would be a renewal of an existing and operating facility that Lílwat has consented to, and Lílwat’s interest in the facility was purchased well into its operations, with full knowledge of the expiry of its existing EPA and BC Hydro’s EPA Renewal Program rules,” BC Hydro said in a statement.
The BC Supreme Court has already rejected an interim injunction sought by the Lílwat Nation and both sides are waiting for a final ruling.
© 2026 Global News, a division of Corus Entertainment Inc.
