Cold Lake First Nations have taken legal action by filing a judicial review application in the Federal Court on Thursday to challenge the decision made by Ottawa to designate the Pacific Link pipeline as a project of national interest.
Last week, Prime Minister Mark Carney and Alberta Premier Danielle Smith 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 kickstart construction by September next year.
Chief Kelsey Jacko of Cold Lake First Nations expressed to The Canadian Press that his community was excluded from consultations regarding the pipeline designation, despite being located in the oilsands region.
In the judicial review application, the lawyers representing Cold Lake First Nations argued that the designation violated Canadian law and did not uphold the Crown’s honor.
The application highlighted concerns about the adverse impacts of increased oilsands production on the ability of CLFN members to preserve their way of life as guaranteed by Treaty No. 6. It also criticized Canada for not addressing or mitigating the cumulative effects of oilsands development on the community’s treaty rights.
The First Nation is seeking the court to overturn the national interest designation and affirm that Canada has a responsibility to engage in consultations with the community regarding the pipeline.
The Assembly of First Nations raised concerns over the pipeline’s national interest designation, citing several issues and suggesting that the federal government is preemptively endorsing projects without meaningful consultations.
Carney reassured that his major projects agenda would not contravene Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples.
