Canadian Manufacturing

Alta. First Nation waiting on province after losing Jackpine review

Waiting for province's next move after losing application for judicial review of approval of Jackpine project

January 9, 2015  by Bob Weber, The Canadian Press

EDMONTON—A northern Alberta First Nation that is fighting a major oilsands expansion says it won’t decide what to do next until it sees how Premier Jim Prentice’s government consults with aboriginals.

“We’re saying, ‘OK, let’s continue to address our concerns, because today we feel like nothing has happened to address our concerns,'” Eriel Deranger, spokesperson for the Athabasca Chipewyan First Nation, said.

Last month, the band lost its application for a judicial review of federal Environment Minister Leona Aglukkaq’s decision to approve Shell Canada Ltd.’s Jackpine project.

The band had argued that despite holding several meetings with its members, Canada had failed to try to accommodate their concerns.


Federal Court Justice Daniele Tremblay-Lamer ruled on Dec. 9 that the government had done enough and that First Nations can’t expect to have all their concerns addressed.

Chief Allan Adam was angry at the decision.

“It’s obvious … there has not been adequate consultation to thoroughly understand the long-term impacts,” he said. “Government deals with our rights by ‘ticking boxes’ and not dealing with the real issues.”

But Deranger said band leadership is also “interested” by Prentice’s promises last fall to change the way Alberta handles aboriginal relations.

She pointed out that the Jackpine project still requires many permits before it can proceed and the band will see how that process unfolds before considering a move to the Supreme Court.

“If they just barrel forward and issue those permits, (the First Nation) will have some major problems,” she said.

Their application for a judicial review of the Jackpine decision summed up frequent concerns from First Nations about Alberta’s energy industry.

They fear the industry’s growth is damaging treaty rights by leaving less and less land on which to practice them.

They say the province is systematically narrowing the scope of public hearings to exclude treaty-based arguments and, in some cases, the bands themselves.

They also accuse the province of wanting to control how much consultation is necessary.

And, they say, Alberta’s land-use policies place aboriginal concerns on the same level as a snowmobile club or other stakeholders.