First Nation sues Alberta, says oilsands project threatens sacred site

Prosper Petroleum’s $440-million, 10,000-barrel-a-day plans have been vigorously opposed by Fort McKay

An Alberta First Nation is suing the province over development approvals that the band says threaten sacred land the government has promised to protect.

“We will not stand idly by and let the area be destroyed,” Jim Boucher, chief of the Fort McKay First Nation, said in a release.

Fort McKay, a community of 800 about 80 kilometres from Fort McMurray, is surrounded by open-pit oilsands mines on three sides. The closest is within four kilometres.

Band members have long considered the pristine area around Moose and Namur lakes, west of the community, their last refuge for traditional hunting, trapping and berry-picking. The lawsuit argues there has been so much development in the region — from energy exploration to forestry to agriculture — that Moose Lake is all Fort McKay has left.

“Without the preservation of the Moose Lake area, the plaintiffs will no longer be able to meaningfully exercise their treaty rights,” says the statement of claim, which contains allegations that have not yet been proven in court.

“(Moose Lake) is now under imminent threat from industrial activity that has been or will be approved by Alberta.”

The provincial government did not immediately respond to a request for comment.

The alleged threat comes from an approval granted last June by the province’s energy regulator for an oilsands project that would come within two kilometres of Moose Lake. Prosper Petroleum’s $440-million, 10,000-barrel-a-day plans were vigorously opposed by Fort McKay at the time.

The green light came despite a provincial draft plan — the result of 15 years of talks under several different governments — to give the area some protection.

That plan contemplated a 10-kilometre zone around Moose and Namur lakes with safeguards for protecting Fort McKay’s land use. It would have established access control, environmental monitoring and thresholds for the surrounding region.

The Alberta Energy Regulator said at the time that it had taken into account social and economic issues, as well as impacts on treaty rights.

However, the regulator said it couldn’t weigh the approval’s effect on the province’s plan for the lake area because that plan was still being discussed and hadn’t been implemented.

The lawsuit asks the court to overturn permits for industrial activity within the 10-kilometre zone. It also asks the court to forbid Alberta from authorizing any more activity in the area unless Fort McKay agrees to it.

“Alberta has failed to … protect the Moose Lake area from the impacts of industrial development,” the statement of claim says. “Alberta will continue, unless restrained from doing so, to undertake or approve industrial development within the Moose Lake area.”

Prosper Petroleum has said it is committed to addressing its neighbours’ concerns.

The company would use steam injected into shallow horizontal wells to melt heavy, sticky bitumen crude and allow it to drip into a parallel well before being pumped to the surface, where it would be transported by truck to a buyer or pipeline.

Bob Weber, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Firefighter spring training comes to Lake Country

From LNG to breaking down doors, firefighters get training from industry pros

Okanagan FC kicks off regular season Saturday night

OKFC starts their inaugural season of the Pacific Coast Soccer League (PCSL) in Penticton

Lake Country joins celebration of local government professionals

The district joined communities across the province by planting a new tree

Kootnekoff: Nervous about random drug testing?

Are you an employer with workers performing safety sensitive activities, but without… Continue reading

Okanagan-Shuswap weather: Severe thunderstorm watch

Environment Canada forecasts thunder, cloud and rain for one more day

Firefighter spring training comes to Lake Country

From LNG to breaking down doors, firefighters get training from industry pros

More than just a playground: Penticton’s Busy Beans Play Café to help parents and children

Owners Kim Wade and Tracey Wiseman want to use their expertise to help struggling families

Kamloops girl, 9, recovering from carbon monoxide poisoning now out of ICU

Her mother who was sleeping in the same tent with her did not survive

Highway 1 closed east of Revelstoke

Highway 1 is closed east of Revelstoke near Canyon Hot Springs due… Continue reading

‘I think he’s still alive’: B.C. mom pleads for help finding son last seen a month ago

Family offering $5,000 reward for information leading to the safe return of Tim Delahaye

Okanagan woman celebrates 101 years young on the back of a Harley Davidson

Last Saturday Violet Madeline celebrated 101 years. A member of the Lower… Continue reading

New poll suggests one-third don’t want politicians to wear religious symbols

Local politicians shouldn’t be allowed to wear hijabs, crucifixes or turbans on the job, survey suggests

Raptors fans far from home adjust plans to watch pivotal playoff game

Raptors currently lead the playoff series 3-2, and a win Saturday would vault them into NBA finals

PHOTOS: First responders in Fernie rescue baby owl who fell from nest

The baby owl’s inability to fly back to its nest prompted a rescue by first responders

Most Read