Piikani Nation member issues cease-and-desist letters over selenium contamination

Piikani Nation members and an anti-coal mining group are demanding selenium contaminated waters are cleaned up, threatening legal action if nothing changes.

A member of Piikani Nation and an anti-coal mining organization are demanding selenium contaminated waters be cleaned up and are threatening legal action if nothing is done.

Piikani Nation member Trevor Bastien has issued cease-and-desist letters regarding contamination found in Crowsnest Lake from the former Tent Mountain coal mine.

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Crowsnest Headwaters is helping raise funds for Bastien’s legal fees.

“We are giving them 30 days to respond to a demand letter, requiring that they immediately cease continuing the pollution of Crowsnest Lake from Tent Mountain and that they undertake to clean up the sediment,” said Crowsnest Headwater communications coordinator David Thomas.

The Tent Mountain site is owned by Australian company Evolve Power.

The mine has been closed for over 40 years.

Studies conducted by the province showed deep contamination in Crowsnest Lake.

Bastien is arguing this contamination violates his constitutional rights to fish for sustenance from the lake.

“The real issue is section 35 of the Canadian Constitution, which guarantees Aboriginal peoples the right to their traditional practices on their ancestral lands,” Thomas said.

The letters give Evolve Power, Alberta Environment, the Alberta Energy Regulator and Environment and Climate Change Canada until April 30 to respond.

If there’s no action is taken, Bastien’s team will look to file an injunction in the Alberta Court of King’s Bench.

Thomas said the lawsuit will be taken through federal avenues because Crowsnest Headquarters and Bastien “don’t trust the Alberta government one bit.”

“They’ve proven time and again that they are incapable of responsibly regulating mining development,” Thomas said.

Bastien said he has been advised by his legal team not to speak with media.

CTV News reached out to the Alberta Energy Regulator and Evolve Power, but neither provided comment in time for publication.