A first nation in the Northeast of Alberta is challenging the provincial government in court on its approach to ensure that oil companies pay to clean their operations.
The first nation of Athabasca Chipewyan submitted a request this week for a judicial review of the 2024 decision of the province of renewing the rules for the financial security program (MFSP), saying that he could not consult significantly and ignore ACFN’s concerns about the violation of the rights of treaties.
The program collects deposits of energy companies to ensure that they cover the cost of remedying oil sands and coal mines sites after they are challenged.
Around a third of ACFN members live in the community of Fort Chipewyan, Alta., Downstream of Operations Operations.
The legal request of the ACFN, presented on April 1, argues that the MFSP is “very inappropriate to achieve its planned purpose”, and the province has not addressed the recommendations and concerns raised during a recent review.
“Without a duly financed program, the industry can move away from its leases, leaving the disaster so that the communities of the first nations live,” said the interim chief of ACFN, Hazel Mercredi, in a statement.
The MFSP was criticized in 2021 by the provincial general auditor Doug Wylie, who discovered that the Government has only $ 1.5 billion in security in mining liabilities of $ 31.5 billion.
A subsequent report of researchers from the School of Public Policies at the University of Calgary in 2023 estimated liabilities anywhere between $ 45 billion and $ 130 billion, with only $ 2 billion in reserve.
Ryan Fournier, press secretary of the Minister of Environment, Rebecca Schulz, told CBC News in a statement that the province made “effective changes” in the MFSP last year.
“These were designed to ensure that mines operators provide security to cover recovery without unfairly attacking the energy sector.”
Fournier said that the government is reviewing ACFN’s legal action, but cannot comment while before the courts.
The Ecojustice Environmental Law Organization represents ACFN.
The Ecoclusos lawyer, Matt Hulse, said his position is that the government is failing its obligations with ACFN under Treaty 8.
“We are also saying that the decision is not reasonable because maintaining such a defective program does not really defend the purposes of Alberta’s environmental legislation.”
The legal request requests action, including a statement that the province breached its duty to consult ACFN, and an order to amend the MFSP within six months, addressing the nation’s concerns.
It also seeks an order of judge that requires that the province provide ACFN “a verified estimate regardless of the total liabilities and support analysis.”
The judicial review is scheduled to be heard at the Bank of Fort McMurray Court of King on May 21.
ACFN also filed a lawsuit last year against Alberta’s energy regulator, claiming negligence and the lack of compliance with the treaty’s obligations after multiple relaxations are filtered in the installation of Kearl of Imperial Oil.
