First Nation sues Alberta, says oilsands project threatens sacred site

Prosper Petroleum’s $440-million, 10,000-barrel-a-day plans have been vigorously opposed by Fort McKay

First Nation sues Alberta, says oilsands project threatens sacred site

An Alberta First Nation is suing the province over development approvals that the band says threaten sacred land the government has promised to protect.

“We will not stand idly by and let the area be destroyed,” Jim Boucher, chief of the Fort McKay First Nation, said in a release.

Fort McKay, a community of 800 about 80 kilometres from Fort McMurray, is surrounded by open-pit oilsands mines on three sides. The closest is within four kilometres.

Band members have long considered the pristine area around Moose and Namur lakes, west of the community, their last refuge for traditional hunting, trapping and berry-picking. The lawsuit argues there has been so much development in the region — from energy exploration to forestry to agriculture — that Moose Lake is all Fort McKay has left.

“Without the preservation of the Moose Lake area, the plaintiffs will no longer be able to meaningfully exercise their treaty rights,” says the statement of claim, which contains allegations that have not yet been proven in court.

“(Moose Lake) is now under imminent threat from industrial activity that has been or will be approved by Alberta.”

The provincial government did not immediately respond to a request for comment.

The alleged threat comes from an approval granted last June by the province’s energy regulator for an oilsands project that would come within two kilometres of Moose Lake. Prosper Petroleum’s $440-million, 10,000-barrel-a-day plans were vigorously opposed by Fort McKay at the time.

The green light came despite a provincial draft plan — the result of 15 years of talks under several different governments — to give the area some protection.

That plan contemplated a 10-kilometre zone around Moose and Namur lakes with safeguards for protecting Fort McKay’s land use. It would have established access control, environmental monitoring and thresholds for the surrounding region.

The Alberta Energy Regulator said at the time that it had taken into account social and economic issues, as well as impacts on treaty rights.

However, the regulator said it couldn’t weigh the approval’s effect on the province’s plan for the lake area because that plan was still being discussed and hadn’t been implemented.

The lawsuit asks the court to overturn permits for industrial activity within the 10-kilometre zone. It also asks the court to forbid Alberta from authorizing any more activity in the area unless Fort McKay agrees to it.

“Alberta has failed to … protect the Moose Lake area from the impacts of industrial development,” the statement of claim says. “Alberta will continue, unless restrained from doing so, to undertake or approve industrial development within the Moose Lake area.”

Prosper Petroleum has said it is committed to addressing its neighbours’ concerns.

The company would use steam injected into shallow horizontal wells to melt heavy, sticky bitumen crude and allow it to drip into a parallel well before being pumped to the surface, where it would be transported by truck to a buyer or pipeline.

Bob Weber, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A special committee has been appointed to look at reforming B.C.’s police act and is inviting the public to make submissions until April 30, 2021. (Black Press media file)
Public input sought for B.C.’s police act review

Submissions will be accepted until April 30

A new daycare in Tl’etinqox (Anaham) will be located across the road from the Datsan Chugh building. (Tl’etinqox Government Facebook photo)
Daycare approved to be built at Tl’etinqox First Nation

“We’re excited,” said Chief Joe Alphonse

International Women’s Day is March 8. (Internationalwomensday.com)
International Women’s Day 2021: #choosetochallenge

International Women’s Day is marked annually on March 8

Williams Lake Accessibility Advisory Committee chair Maureen Straza is an advocate for others after she experienced a spinal cord injury in 2014. (Monica Lamb-Yorski photo - Williams Lake Tribune)
‘Come On In’: New program aims to make Williams Lake businesses more accessible

Williams Lake Accessibility Advisory Committee (AAC) is leading the project

Celebrate women in leadership, March 8, International Women’s Day 2021 (Unsplash)
EDITORIAL: International Women’s Day 2021 shines spotlight on achievements, ongoing inequities

COVID-19 increased gender-based violence, economic stress, the burden of care giving for women

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Black Press Media files)
Hosts charged, attendees facing COVID fines after Vancouver police bust party at condo

Police had previously received 10 complains about that condo

Minister of Families, Children and Social Development Ahmed Hussen takes part in an update on the COVID pandemic during a press conference in Ottawa on Tuesday, Oct. 27, 2020. A joint federal and B.C. government housing program announced today aims to help people living in up to 25,000 vulnerable households pay their rent. THE CANADIAN PRESS/Sean Kilpatrick
Federal, B.C. governments announce $517-million rent aid program to help vulnerable

Benefits for those not eligible for B.C.’s Rental Assistance Program or Shelter Aid for Elderly Renters

(BC SPCA)
Is it safe to give your dog some peanut butter? Not always, BC SPCA warns

Some commercial peanut butter ingredients can be harmful to dogs

Health Minister Adrian Dix, front, B.C. Premier John Horgan and provincial health officer Dr. Bonnie Henry arrive for a news conference about the provincial response to the coronavirus, in Vancouver, B.C., Friday, March 6, 2020. Pandemic emergency measures have been in place for almost a year. THE CANADIAN PRESS/Darryl Dyck
B.C. officials plead for patience as 1.7 million COVID-19 calls flood in

Vaccine registration for 90-plus seniors opened Monday

A West Kootenay man died in an avalanche on March 4 while snowmobiling near Mount Payne, which is indicted by the red flag. Illustration: Google Maps
B.C. father of 3 dead after avalanche in West Kootenay

The man was snowmobiling with a group when incident occurred March 4

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Vaccine hesitancy decreases in B.C. as mass immunizations set to begin: poll

Two-thirds of British Columbians, and Canadians, would get the vaccine as soon as possible

Most Read