First Nation sues Alberta, Canada over impacts of oil sands, industrial development

Mikisew Cree First Nation is suing the federal and provincial governments saying decades of industrial development have infringed on treaty rights.

A First Nation is suing the Canadian and Alberta governments, alleging oil sands and industrial development in northeastern Alberta has infringed on its members’ treaty rights, and harmed the local environment and communities.

Mikisew Cree First Nation is located on the Peace-Athabasca Delta, one of the world’s largest inland freshwater deltas, in Treaty 8 territory.

The First Nation says its members can no longer rely on the area’s natural resources for their livelihood, cultural practices, and commercial purposes, as they have for generations, because of the degradation of water quality and depletion of wildlife.

Additionally, the nation alleges industrial pollution is sickening its members, about 1,000 of whom continue to live in the area.

Chief Billy-Joe Tuccaro at a news conference on the Alberta legislature grounds in Edmonton on Tuesday said this equates to the failure of the federal and provincial government to honour rights set out in Treaty 8, signed in 1899, six years before Alberta was created.

“Of course we are willing to have conversations – but those conversations are not going to be the ones that we’ve been having for the last 127 years where we bring our recommendations forward and then it’s shelved,” he told reporters.

The statement of claim, filed in the Alberta Court of King’s Bench, only names Alberta and Canada as the defendants, rather than any company or project.

“The reason why we left the industry off this is because they will do whatever they’re allowed,” Tuccaro said.

Among the most serious accusations is that of carcinogenic contaminants in the region’s land, water and wildlife, as well as other substances like polycyclic aromatic hydrocarbons (PAHs), arsenic, and metals.

Tuccaro said six in 10 of the nation’s households have been affected by cancer. The number comes from a study Mikisew commissioned, but has so far not made public or provided to the government. However, the chief said it will be submitted as evidence as part of the lawsuit.

The nation wants land-healing measures including improved water quality, enforceable mechanisms and thresholds to manage the impacts of industrial development, regional and sub-regional land-use plans, and to be involved in development decisions.

“We need to be at those tables, to be heard, to be recognized. And not just the token Indian around the table,” Tuccaro said.

The Crown-Indigenous Relations and Northern Affairs Canada department declined to comment on the matter, as it was before court, but confirmed it was aware and reviewing the statement of claim.

Alberta’s minister of Indigenous relations, Rajan Sawhney, said it is “committed to meaningful consultation on projects where Treaty rights may be affected and we take these responsibilities seriously,” but that it could not comment on specifics as it is before the courts.