Indigenous Success Stories

Justice (25-42)

Treaty 8 victory over AER and Prosper Rigel oilsands project

May 14, 2020

Edmonton Journal – The Prosper Rigel oilsands project is proposed for a uniquely sensitive part of Fort McKay territory — Moose Lake — situated in the middle of the last relatively undisturbed wilderness vital to maintaining the connection to our ancestral way of life. The Alberta Court of Appeal overturned the Alberta Energy Regulator’s approval of that project, requiring it to be reconsidered with proper attention to protecting the constitutional guarantees of Treaty 8. The court affirmed decisions about land use in our territory must be consistent with the honour of the Crown.

Mere consultation about individual projects is not enough. Governments must address the cumulative impact of development on our rights, and, most importantly, make substantive decisions consistent with its role as an honourable partner in the Treaty relationship with Fort McKay.
Treaty 8 established the terms on which our ancestors would both permit development on our lands and protect our mode of living. Together with the Crown, we must ensure the promises that framed the Treaty relationship remain vibrant and robust, so the treaties operate as the mutually beneficial relationship that the honour of the Crown requires.

The court’s decision provides an opportunity not only for Alberta but for governments and their regulators across the country to renew their relationships with Indigenous treaty partners on honourable terms.