Cold Lake First Nations filed an application for judicial review in Federal Court on Thursday, challenging Ottawa’s decision to designate the Pacific Link pipeline as a project in the national interest.
Prime Minister Mark Carney and Alberta Premier Danielle Smith announced last week the pipeline from Alberta to British Columbia would be fast-tracked under the Building Canada Act. The goal is to complete the required reviews and consultations over the next year, so construction can begin next September.
Cold Lake First Nations Chief Kelsey Jacko previously told The Canadian Press his community was left out of consultations on the pipeline designation, despite the fact that his community is situated in the oilsands region.
In the application for judicial review, Cold Lake First Nations’ lawyers said the designation breached Canadian law and is inconsistent with the honour of the Crown.
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“Increasing oilsands production will have significant adverse effects on the ability of CLFN members to maintain their Luechogh Tue Denesuline way of life as promised by Treaty No. 6,” the application said.
“Canada has made no effort to understand or mitigate the massive cumulative effects of oilsands development on CLFN’s Luechogn Tue Denesuline treaty rights.”
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The First Nation is asking the court to quash the national interest designation and to declare that Canada has a duty to consult with the community on the pipeline.
The Assembly of First Nations previously told The Canadian Press it had identified “many red flags” in the pipeline’s national interest designation and says the federal government appears to be predetermining outcomes and approving projects in advance of meaningful consultations.
Carney promised his major projects agenda would not interfere with Canada’s obligations under the United Nations Declaration on the Rights of Indigenous Peoples.
