Challenge Filed in Environmental Court By Alberta First Nations

This article was last updated on April 16, 2022

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Two First Nations of Alberta have filed a challenge in court on Tuesday, declaring that they openly disclose to be fully against the federal government’s effort of weakening the protection of fish habitat, and their right of being consulted over the development. The First Nations, namely Mikisew Cree and Frog Lake, which submitted the challenge in Federal Court are alleging that the government needs to consult with First Nations before passing any amendments in the omnibus bills C-38 and C-45.

The bills in question implement changes to the Fisheries Act, the Navigable Waters Protection Act and the Canadian Environmental Assessment Act, which has repeatedly casted environmental reviews and the involvement of First Nations’ when industry sought to impact estuaries, wetlands, streams and other fish habitat. “The focus here is on the environmental parts of the legislation.” They’ve greatly reduced those protections. The legal counsel of First Nations, Robert Janes, alleged that ”the legislation was critical for rural First Nations trying to protect a traditional way of life and convince industry to consult when they planned work in traditional territories.” He further added that  “all of a sudden, in two bills, everything they are used to dealing with is essentially gutted.”

The Chief of Chipewyan-based Mikisew Cree, Steve Courtoreille, remembered that aboriginals already have won such case before. Previously in 2005, a case ruling ordered Parks Canada should have consulted with First Nations, prior to planning to build a winter road through Wood Buffalo National Park, part of their traditional territory. Courtoreille mentioned in Ottawa on Monday, that “believing that the government would do the right thing, hoping they would do the right thing, then finding out when they ran the bill through the house that they have no intentions (of consultation) — we put out notice that we are going to take a legal challenge to be sure they do the right thing by consulting with us.”