Cold Lake First Nations have taken legal action by filing an application for judicial review in Federal Court on Thursday, contesting the decision made by Ottawa to classify the Pacific Link pipeline as a project of national interest.
Last week, Prime Minister Mark Carney and Alberta Premier Danielle Smith jointly announced the fast-tracking of the pipeline project from Alberta to British Columbia under the Building Canada Act. The objective is to expedite the necessary reviews and consultations within the next year to pave the way for construction commencement by September next year.
Chief Kelsey Jacko of Cold Lake First Nations expressed to The Canadian Press that their community was excluded from consultations regarding the pipeline designation, despite being located in the oilsands region.
In the judicial review application, legal representatives of Cold Lake First Nations argued that the designation violated Canadian law and did not uphold the honor of the Crown.
The application highlighted concerns that the increased production of oilsands would negatively impact the ability of CLFN members to maintain their traditional way of life as guaranteed by Treaty No. 6. It also criticized Canada for failing to comprehend or address the substantial cumulative effects of oilsands development on the community’s treaty rights.
The First Nation is seeking a court order to invalidate the national interest designation and to affirm Canada’s obligation to engage in meaningful consultations with the community regarding the pipeline project.
The Assembly of First Nations has flagged multiple issues with the national interest classification of the pipeline, expressing unease that the federal government is seemingly pre-determining project outcomes and granting approvals without genuine consultations.
Carney has reassured that his government’s prioritization of major projects will not compromise Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples.
