First Nations continue to launch “barrages” of lawsuits against the Canadian and Albertan governments over the oil sands. The Fort McKay First Nation is challenging the legality of a regulatory mechanism for Brion Energy’s newest concession in Alberta, which is expressly prohibited from hearing arguments based on treaty rights. The Mikisew Cree First Nation and the Frog Lake First Nation are contesting revisions to the Fisheries Act and the Navigable Waters Protection Act giving the government greater control over land management policies. The Beaver Lake Cree First Nation is seeking compensation for the cumulative negative impacts of oil sands. The Athabasca Chipewyan First Nation is filing a lawsuit against the government’s recently-revised legislation pertaining to environmental impact assessments. Six First Nations are requesting a statutory review of the Albertan government’s Lower Athabasca Regional Plan, which is intended to “set the stage for strong economic growth…balanced with world-class environmental monitoring.”
Nigel Banks, who teaches natural resource law at the University of Calgary, says that “First Nations have always tried to work with the government on developing a policy that works for First Nations and for industry. The frustration is that the input is not being meaningfully considered.” According to Banks, litigation from First Nations is creating a business environment in Alberta similar to that in British Columbia, where regulatory uncertainties make investing in resource extraction a much riskier venture.
Sources: Stockhouse