Several Indigenous communities have expressed dissatisfaction with the lack of proper consultation regarding a proposed large-scale carbon capture project on their lands. The Whitefish Lake First Nation, Frog Lake Cree Nation, and Beaver Lake Cree Nation have taken legal action, questioning the constitutionality of an energy agreement between Alberta and the federal government and alleging a failure to fulfill Canada’s duty to consult.
Additionally, the Onion Lake Cree Nation and Kehewin Cree Nation have filed court cases challenging the government’s support for the Pathways Alliance project. The agreement, signed by Alberta Premier Danielle Smith and Prime Minister Mark Carney, links the construction of a new bitumen pipeline to the success of the carbon capture initiative near Cold Lake, Alberta, proposed by the consortium of major oilsands companies.
The Indigenous communities have filed for a judicial review, citing concerns that their ancestral and reserve lands fall within the project’s scope and could be directly impacted. Chief Herb Jackson of the Whitefish Lake First Nation expressed worries about the unprecedented scale of the carbon capture project and its potential unknown consequences.
Despite claims by Pathways Alliance of engagement with Indigenous groups since fall 2023, the First Nations argue that the memorandum of understanding signals federal endorsement of the project and triggers a legal obligation for consultation. They have requested a federal environmental review, expressing fears of carbon dioxide leaks, water contamination, seismic risks, and impacts on their traditional resources and livelihoods.
The communities stress the importance of partnership and consent in economic development initiatives, emphasizing the need for transparent and inclusive decision-making processes. While the provincial and federal governments are reviewing the legal challenges, they have refrained from commenting during the ongoing legal proceedings.
