Facts: In the 1950s, British Columbia authorized Rio Tinto Alcan (RTA) to construct the Kenney Dam to facilitate hydropower for aluminum smelting, affecting the Nechako River. The Saik’uz and Stellat’en First Nations claimed this caused nuisance by harming their Aboriginal right to fish in the river. They sought a declaration that British Columbia and Canada must require RTA to cease operations causing nuisance.

Issues: The main issues were whether RTA's operations constituted a private nuisance affecting the First Nations' right to fish, whether the defense of statutory authority exempted RTA from nuisance liability, and the scope of declaratory relief against the governments.

Court's Ruling: The trial court acknowledged the First Nations' Aboriginal right to fish, affected by the river's regulation and fish population decline. However, it ruled RTA’s operations were authorized by statute, applying the defense of statutory authority, and dismissed the nuisance claim. The court granted limited declaratory relief, acknowledging government duties to protect the fishing rights.

Costs/Damages: The appeal court affirmed the trial decision regarding nuisance and statutory authority but found the trial judge erred in the scope of declaratory relief granted. The appeal was allowed in part, varying the declaratory relief to better reflect the governments' duties to protect the Aboriginal fishing rights. No amount for award was specified.