Cold Lake First Nations Challenges Pacific Link Pipeline Designation in Federal Court

📅 6 days ago

Cold Lake First Nations has initiated a judicial review against the federal government’s designation of the Pacific Link pipeline as a project of national interest, citing inadequate consultation and potential violations of treaty rights.

OTTAWA — On Thursday, Cold Lake First Nations submitted an application for judicial review in the Federal Court, contesting the federal government’s recent decision to classify the Pacific Link pipeline as a project of national significance. This announcement came from Prime Minister Mark Carney and Alberta Premier Danielle Smith, who indicated last week that the pipeline, which will connect Alberta to British Columbia, would be expedited under the Building Canada Act. Although this designation affirms the project’s importance at a national level, it does not absolve the government from the obligation to engage with First Nations regarding the project's potential impacts. The aim is to finalize the necessary reviews and consultations within the next year to enable construction to commence by next September.
Chief Kelsey Jacko of Cold Lake First Nations expressed his community's discontent, stating that they were excluded from consultations concerning the pipeline's designation, even though their community resides in the oilsands region. In a statement to The Canadian Press, Jacko emphasized the necessity of legal action, claiming that the federal government and Carney have disregarded their concerns. “I’m here to protect the best interests of my people and for the ones yet to come,” he remarked, further asserting that the project threatens to turn their land into a disposal site.
The application for judicial review, filed by Cold Lake First Nations’ legal representatives, argues that the government’s designation contravenes Canadian law and undermines the Crown's honor. The legal document highlights that the escalation of oilsands production could severely hinder the ability of CLFN members to uphold their Luechogh Tue Denesuline way of life, as guaranteed by Treaty No. 6. The lawyers contended that Canada has failed to understand or address the extensive cumulative impacts that oilsands expansion has on the treaty rights of the Cold Lake First Nations.
The First Nations community is seeking to have the court annul the national interest designation and affirm that Canada has a duty to consult with them regarding the pipeline project. Indigenous communities situated along the pipeline route were allotted only two months for consultations regarding the designation, which was still an extension from the initial one-month period that the government had intended. Indigenous leaders had voiced their concerns about the short timeline, prompting the government to extend the consultation period. A summary of the consultations published online by the federal government indicates that Indigenous groups criticized the lack of information available about the project, which they argued prevented them from adequately evaluating its potential impacts.
The Assembly of First Nations conveyed to The Canadian Press last week that they had identified numerous issues with the pipeline’s designation as a project of national interest. They asserted that the federal government seemed to be preemptively determining decisions and endorsing projects without engaging in meaningful consultations. “The government’s decision today is coming only 12 days after the consultation deadline. As we have said on many occasions, First Nations support economic development and prosperity for all, but not at the expense of our rights, the planet, and the government’s legal obligations to our people,” stated the Assembly.
Prime Minister Carney has assured that his administration’s major projects agenda would respect Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples. Indigenous leaders have cautioned that the government risks infringing upon their rights through the national interest classifications facilitated by the Major Projects Office and the contentious Building Canada Act. The UN declaration emphasizes the necessity for free, prior, and informed consent prior to making decisions that could negatively impact the rights and territories of Indigenous peoples, a principle that is reiterated in the pipeline consultation documents, which claim that Ottawa's engagement strategies were crafted with these principles in mind.
Cold Lake First Nations also expressed apprehensions regarding the Pathways Project, a multibillion-dollar initiative aimed at transporting and storing greenhouse gas emissions from the oilsands. This carbon capture and storage project is intrinsically linked to the pipeline, with both Ottawa and Alberta asserting that neither can proceed independently. The application for judicial review states that if the national interest designation for the pipeline remains intact, Ottawa will have effectively pre-approved the Pathways Project without adequately consulting Cold Lake First Nations.
“Since March 2023, CLFN has repeatedly reached out to Canada seeking discussions with the relevant federal ministers regarding the Pathways Project. Canada has not provided any substantive or meaningful response,” the filing asserts. It further claims that Cold Lake First Nations raised concerns about the Pathways Project with the government’s major projects office, which countered by stating that it would not take into account the impacts of that project or the anticipated increase in oilsands production when assessing the pipeline designation.
In a statement, NDP MP Leah Gazan criticized Carney’s major projects strategy as ineffective, suggesting that Cold Lake’s legal challenge is merely the beginning of a larger trend. “The government clearly needs a legal reminder that free, prior and informed consent and the duty to consult and accommodate is not a constitutional option,” she said. Gazan lamented that in just a year and a half, the current government has regressed progress made in the journey toward reconciliation.
The court filing expresses that Cold Lake First Nations has made significant sacrifices for Canada’s “national interest,” including the relocation of their community for military training and the lack of resource revenue sharing from developments in their territory. “We trusted them before and now we’re expected to trust them again?” Jacko questioned. “We’re trying to work with Canada. We keep trying, but nobody’s trying with us.”

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