Several Indigenous communities have expressed dissatisfaction with the lack of proper consultation regarding a proposed significant carbon capture initiative on their lands. Whitefish Lake First Nation, Frog Lake Cree Nation, and Beaver Lake Cree Nation have taken legal action in the federal court, alleging that a broad energy agreement between Alberta and the federal government was unconstitutional and breached Canada’s duty to consult.
Onion Lake Cree Nation and Kehewin Cree Nation have also filed court cases contesting Canada’s backing of the proposed Pathways Alliance project. The project, spearheaded by a group of major Canadian oilsands companies, aims to construct a large-scale carbon capture facility near Cold Lake, Alberta, to capture emissions from oilsands operations.
The Indigenous groups, whose ancestral and reserve lands are within the project’s scope, have applied for a judicial review, citing concerns about potential impacts on their territories. Despite claims by Pathways Alliance of engaging with Indigenous communities since fall 2023, the First Nations argue that the project’s scale and potential risks warrant meaningful consultation.
Issues raised by the communities include worries about carbon dioxide leaks, water contamination, seismic activity, and land use restrictions. They fear that the transportation of compressed carbon dioxide could pose risks to nearby communities and hinder their ability to utilize and cultivate their lands. The nations emphasize the importance of respectful partnership and proper consultation in any development activities on their territories.
While the federal and provincial governments are reviewing the legal applications, they have refrained from commenting due to the ongoing legal proceedings. The Indigenous communities stress the significance of transparent and collaborative processes in economic development initiatives, highlighting the need for inclusive decision-making that respects their rights and concerns.