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

Comox Valley-raised Shay Sandiford has earned a spot on the Canada skateboard team. Facebook
Courtenay skateboarder selected to first-ever national team

A young man from Courtenay is among 12 athletes who have been… Continue reading

A WestJet flight on the runway leaving Comox. Photo by Erin Haluschak
Aviation company seeks contracted employees to fill former WestJet roles at YQQ

Menzies Aviation from Edinburgh Park, Scotland, operates in 34 countries across the world

A cougar was spotted Monday near Queneesh Elementary. (WildSafe BC photo)
Cougar sighted Monday near Courtenay school

Conservation officers are warning the public to avoid the wooded areas around… Continue reading

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: B.C. seniors aged 90+ can start to sign up for vaccination on March 8

Long-term care residents protected by shots already given

COVID-19. (Image courtesy CDC)
SD71 to address COVID-19 exposures with virtual town hall

The meeting is set for Thursday, March 4

Langley resident Carrie MacKay shared a video showing how stairs are a challenge after spending weeks in hospital battling COVID-19 (Special to Langley Advance Times)
VIDEO: Stairs a challenge for B.C. woman who chronicled COVID-19 battle

‘I can now walk for six (to) 10 minutes a day’

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

The south coast of B.C. as capture by the Copernicus Sentinel-2 mission. (European Space Agency)
VIDEO: Images of B.C.’s south coast from space released by European Space Agency

The satellite images focus on a variety of the region’s landmarks

A copy of the book “And to Think That I Saw It on Mulberry Street,” by Dr. Seuss, rests in a chair, Monday, March 1, 2021, in Walpole, Mass. Dr. Seuss Enterprises, the business that preserves and protects the author and illustrator’s legacy, announced on his birthday, Tuesday, March 2, 2021, that it would cease publication of several children’s titles including “And to Think That I Saw It on Mulberry Street” and “If I Ran the Zoo,” because of insensitive and racist imagery. (AP Photo/Steven Senne)
6 Dr. Seuss books won’t be published for racist images

Books affected include McElligot’s Pool, On Beyond Zebra!, Scrambled Eggs Super! and The Cat’s Quizzer

FILE – Oshawa Generals forward Anthony Cirelli, left, shoots and scores his team’s first goal against Kelowna Rockets goalie Jackson Whistle during second period action at the Memorial Cup final in Quebec City on Sunday, May 31, 2015. THE CANADIAN PRESS/Jacques Boissinot
B.C. government approves plan in principle to allow WHL to resume in the province

League includes Kamloops Blazers, Kelowna Rockets, Prince George Cougars, Vancouver Giants, Victoria Royals

The fundraising effort to purchase 40 hectares west of Cottonwood Lake announced its success this week. Photo: Submitted
Nelson society raises $400K to save regional park from logging project

The Nelson community group has raised $400,000 to purchase 40 hectares of forest

AstraZeneca’s vaccine ready for use at the vaccination centre in Apolda, Germany, Sunday, Feb. 28, 2021. THE CANADIAN PRESS/Michael Reichel/dpa via AP
National panel advises against using Oxford-AstraZeneca’s COVID-19 vaccine on seniors

NACI panel said vaccines from Pfizer and Moderna are preferred for seniors ‘due to suggested superior efficacy’

A public health order has extended the types of health care professionals who can give the COVID-19 vaccine. (Photo courtesy of CHI Franciscan)
‘It’s great that midwives are included’ in rollout of B.C.’s COVID vaccine plan, says college

The order will help the province staff the mass vaccination clinics planned for April

Most Read