A First Nation in northeast Alberta is difficult the provincial authorities in courtroom over its method to making sure oilsands corporations pay to scrub up their operations.
The Athabasca Chipewyan First Nation filed an utility this week for a judicial assessment of the province’s 2024 resolution to resume the foundations for the Mine Monetary Safety Program (MFSP), saying it did not meaningfully seek the advice of and is ignoring ACFN’s issues about infringement on Treaty rights.
This system collects deposits from vitality corporations to ensure they cowl the price of remediating oilsands and coal mine websites after they’re decommissioned.
A couple of third of ACFN members dwell locally of Fort Chipewyan, Alta., downstream from oilsands operations.
The ACFN’s authorized utility, filed on April 1, argues the MSFP is “grossly insufficient for attaining its meant objective,” and the province hasn’t addressed suggestions and issues raised throughout a latest assessment.
“With out a correctly funded program, business will be capable to stroll away from their leases — leaving the mess behind for First Nations communities to dwell with,” appearing ACFN Chief Hazel Mercredi mentioned in a press release.
The MFSP was criticized in 2021 by provincial auditor basic Doug Wylie, who discovered that the federal government holds simply $1.5 billion in safety on mining liabilities of $31.5 billion.
A subsequent report from researchers on the College of Calgary’s College of Public Coverage in 2023 estimated liabilities at wherever between $45 billion to $130 billion, with simply $2 billion in reserve.
Ryan Fournier, press secretary for Surroundings Minister Rebecca Schulz, informed CBC Information in a press release that the province made “efficient adjustments” to the MFSP final 12 months.
“These have been designed to make sure mine operators present safety to cowl reclamation with out unfairly concentrating on the vitality sector.”
Fournier mentioned the federal government is reviewing ACFN’s authorized motion, however cannot remark additional whereas it is earlier than the courts.
Environmental regulation group Ecojustice is representing ACFN.
Ecojustice lawyer Matt Hulse mentioned their place is the federal government is failing in its obligations to ACFN underneath Treaty 8.
“We’re additionally saying the choice is unreasonable as a result of retaining such a flawed program doesn’t truly uphold the needs of Alberta’s environmental laws.”
The authorized utility asks for motion together with a declaration that the province breached its obligation to seek the advice of ACFN, and an order to amend the MFSP inside six months, addressing the Nation’s issues.
It additionally seeks a choose’s order requiring the province present ACFN “an independently verified estimate of whole oilsands liabilities and supporting evaluation.”
The judicial assessment is scheduled to be heard within the Fort McMurray Courtroom of King’s Bench on Might 21.
ACFN additionally filed a lawsuit final 12 months towards the Alberta Vitality Regulator, alleging negligence and a failure to dwell as much as Treaty obligations after a number of tailings leaks at Imperial Oil’s Kearl facility.
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