Several First Nations are expressing dissatisfaction with the lack of proper consultation regarding a proposal for constructing one of the largest carbon capture initiatives globally on their land. Whitefish Lake First Nation, Frog Lake Cree Nation, and Beaver Lake Cree Nation have turned to the federal court to address concerns about the comprehensive energy agreement between Alberta and the federal government, questioning its constitutionality and alleging a breach of Canada’s duty to consult.
Additionally, Onion Lake Cree Nation and Kehewin Cree Nation have each initiated legal action contesting Canada’s endorsement and advancement of the proposed Pathways Alliance project. A memorandum of understanding inked by Alberta Premier Danielle Smith and Prime Minister Mark Carney stipulates that the development of a new bitumen pipeline to the West Coast hinges on the successful implementation of the Pathways Alliance carbon capture project.
The Pathways Alliance, comprising major Canadian oilsands companies, has put forth a plan to establish a substantial carbon capture facility near Cold Lake, Alberta, aimed at capturing emissions from oilsands operations. The affected First Nations have formally applied for a judicial review, citing that their ancestral and reserve lands fall within the project’s scope and could face direct repercussions as a result.
Chief Herb Jackson of Whitefish Lake First Nation conveyed concerns, stating, “The Pathways Alliance intends to store millions of tonnes of carbon from Alberta’s oilsands beneath our lands indefinitely.” Highlighting the unprecedented scale of the carbon capture endeavor, he expressed uncertainties about its potential impacts. The affected nations maintain that their decision to seek legal recourse follows years of unsuccessful attempts to engage with the federal government regarding their apprehensions about the project.
While Pathways Alliance asserts engagement with Indigenous communities dating back to fall 2023, the First Nations argue that the MOU signals federal support for the project, triggering a legal obligation for the government to engage in consultation. The affected communities have requested a federal environmental assessment, which has yet to materialize, raising concerns about potential carbon dioxide leaks, water contamination, seismic disturbances, and underground pressures.
Chief Greg Desjarlais of Frog Lake Cree Nation emphasized a stance supporting responsible economic development but stressed the necessity for collaborative decision-making, stating, “It needs to be done in partnership with us – not behind our backs and without our consent.” Provincial and federal government representatives have acknowledged the receipt of the applications but refrained from commenting due to the ongoing legal proceedings.
