Alberta First Nation sues province over flood mitigation plans

The Siksika First Nation, the only Indigenous community downstream from the proposed relocated Ghost Dam, says the province failed to address its concerns over the project. The band has launched a lawsuit in an attempt to stop it. (File)

The Siksika First Nation has launched a lawsuit against the provincial government over its plans to build a new dam and expand the Ghost Reservoir, a move the band says would impact its treaty rights on the Bow River.

Furthermore, the band says the government failed to discuss all the proposed options with them and ignored their concerns.

The Siksika First Nation is asking the Alberta Court of King's Bench to set aside the province's decision to proceed with the plan, which the nation calls "unconstitutional and unreasonable."

In September, the Alberta's United Conservative government said it had chosen the site for a new dam on the Bow River, which would expand the Ghost Reservoir and mitigate flood risk for the City of Calgary and surrounding communities.

"Increasing water storage capacity is critical to protecting Calgary and other communities along the Bow River from future floods and drought," Environment Minister Rebecca Schulz said in a news release.

The band said it was included in the talks about water management, but when feasibility studies on other options were underway, they were told their input wouldn't be needed.

"We were told they were outside the scope of the study," Siksika Chief Ouray Crowfoot told The Canadian Press on Sept. 26.

"We've been ignored and brushed aside at every turn."

The court documents claim the province failed to consult with the nation over "the serious potential effects" of the project on its lands, rights and interests as well as failing to provide a reasonable rationale for moving ahead with it.

The Siksika First Nation, which is the only band that resides downstream from the proposed project, claims it has never seen the final feasibility study on the Ghost Dam Relocation initiative.

"Alberta breached its duty to consult by (a) failing to meaningfully consult or engage with Siksika in respect of the Final Options Decision, (b) failing to properly scope Alberta's duty to consult with Siksika in respect of the Decision, (c) refusing or failing to meaningfully consult or engage with Siksika about the respective potential effects of each of the Options on Siksika's reserve lands, rights, and interests and (d) failing to assess whether Alberta had fulfilled the Crown's duty to consult with Siksika in respect of the Decision," the agreed statement of facts reads.

CTV News has reached out to the Alberta government about the lawsuit.

The claims have not been tested in court.

(With files from the Canadian Press)