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

COVID-19. (Image courtesy CDC)
47 new COVID-19 cases in Interior Health region

1,538 total cases, 399 are active, ten in hospital

Follow public health recommendations, says Interior Health as COVID-19 cases continue to climb in Revelstoke. (Image courtesy CDC)
Revelstoke positive COVID cases grows to 29

Interior Health announced a cluster in the community on Nov. 26

Figure skaters in the old skating rink in the 1940s. 
(Revelstoke Museum and Archives photo 4034)
Glimpses of Revelstoke’s past for Nov. 26

A look a local history as recorded by the newspaper

Cst. Dane Storey was recognized as a member of Alexa’s Team, a provincial recognition paying tribute to police officers who make an extraordinary contribution to reducing the number of impaired drivers on the roads. (Submitted/Revelstoke RCMP)
Alexa’s Team awarded to Revelstoke RCMP officer

Cst. Dane Storey removed 59 impaired drivers from B.C. roads in 2019

Revelstoke Mountain Resort opens for the season tomorrow, Nov. 27, 2020. (Liam Harrap/Revelstoke Review)
Know before you go: Revelstoke Mountain Resort opens tomorrow

Masks are mandatory, lineup opens at 6:30 a.m.

A woman wears a protective face covering to help prevent the spread of COVID-19 as she walks along the seawall in North Vancouver Wednesday, November 25, 2020.THE CANADIAN PRESS/Jonathan Hayward
911 new COVID-19 cases, 11 deaths as B.C. sees deadliest week since pandemic began

Hospitalizations reach more than 300 across the province

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Summerland residents have been receiving a telephone scam with the number showing as the telephone number of the local RCMP detachment. (Black Press Media files)
Summerland RCMP telephone number spoofed in scam calls

Number used in scam attempts from tax agency

(Village of Lumby photo)
Mysterious, loud ‘boom’ shakes North Okanagan residents

Village staff, Earthquakes Canada aren’t sure what caused the explosion-like sound

Clarence Fulton students collect cash and non-perishable food donations for families in need in their community Friday, Nov. 27. (Jennifer Smith  - Morning Star)
North Okanagan students collect food for families in need

Annual event to support nine school families this year

Take a break from the slopes to discover the rich culture and diversity of Vernon. Michelle Beaudry photo, courtesy Tourism Vernon.
Tourism Vernon could see 40% cut to budget due to COVID-19

New approach to help residents and visitors activate their adventures

Screenshot of Pastor James Butler giving a sermon at Free Grace Baptist Church in Chilliwack on Nov. 22, 2020. The church has decided to continue in-person services despite a public health order banning worship services that was issued on Nov. 19, 2020. (YouTube)
2 Lower Mainland churches continue in-person services despite public health orders

Pastors say faith groups are unfairly targeted and that charter rights protect their decisions

Penticton law courts
Osoyoos child sex offender in court

Shawn Titus, 37, is charged with possession of child porn

Leighton Allen Labute faces charges of animal abuse and allegedly has a string of social media accounts depicting disturbing content.
Accused Kelowna hamster killer has trial date set for 2021

Leighton Labute’s three day trial is scheduled for Aug. 16, 2021

Most Read