The Beaver Lake Cree Nation will see the governments of Alberta and Canada in court over expanding oil and gas operations on their traditional territories in Lac La Biche County.
Nearly four years after the local First Nations band filed their statement of claim listing more than 15,000 approved or proposed developments near Lac La Biche, the governments of Alberta and Canada moved to have the case dismissed. But on March 28, Judge Beverly Browne of the Alberta Court of Queen’s Bench ruled in the band’s favour – meaning the case will go to trial.
A release from Woodward & Company, the law firm representing BLCN, called Browne’s ruling a “historic precedent-making decision.” David Rosenberg, the lawyer who argued on behalf of BLCN in the Alberta Court of Queen’s Bench, said this will be the first time the Canadian courts will decide how far oil and gas expansion can proceed before it infringes on First Nation’s constitutionally-protected treaty rights.
“The treaty is a sacred document for my people,” said BLCN Chief Henry Gladue. “And we are very happy that the courts are prepared to back us up to ensure treaty rights are protected.”
The BLCN have Treaty 6 rights, which guarantee they can hunt, fish, and trap throughout their traditional territories – rights they say are made meaningless due to the rapidly expanding oil and gas developments around Lac La Biche County. The treaty, signed in 1876, also gives the government the right to claim land “for settlement, mining, lumbering or other purposes.”
“There’s now a direct conflict heading to court concerning oil and gas development in traditional lands,” Rosenberg said. “This will be the first case where the cumulative impact of development, and proposed development, is pitted directly against treaty rights.”
Rosenberg said the trial could have big impacts on oil and gas expansion in northern Alberta. If the BLCN were to be successful in court, it could mean companies would be required to consult more extensively with First Nations and Métis groups before developing oil and gas projects.
It could also mean developments would have to meet more strict environmental conditions, so as not to disturb the hunting, fishing, and trapping activities guaranteed through Treaty 6.
Rosenberg said that he’s “shocked” that the governments of Alberta and Canada have yet to file a statement of defence, four years after the BLCN first filed the case.
“It’s very unusual – a statement of defence is usually filed within weeks,” Rosenberg said. “For it to take years is shocking.
A spokesperson for Alberta Justice declined to provide comment on when the Alberta Government would be filing a statement of defence, saying it would be “inappropriate for us to comment with the case currently before the courts.” The Department of Justice Canada did not reply to a request for an interview.
Rosenberg said that although the BLCN got the ruling that they wanted in court last week, they still have a long road in front of them: due to the complexity and scope of the legal proceedings, it will take at least a year before the case is heard in court – and could take up to five years before it is resolved.
For that reason, Gladue said he’s not celebrating yet.
“We feel pretty good – I’d say cautiously optimistic,” Gladue said. “But right now, we’re just waiting to see what the next step is.”
The BLCN have received international support since they first filed their case in May of 2008: UK-based bank The Co-operative have made the BLCN a central part of their “Stop Toxic Fuels Expansion” campaign, contributing money for legal costs as well as paying for former BLCN Chief Al Lameman to visit England. And UK-based environmental group People & Planet visited Lac La Biche County last summer to support the BLCN and to shoot a documentary called Tarmageddon – a critical take on the environmental and social effects of oil and gas development in northern Alberta.
