First Nation launches legal action over Alberta oilsands cleanup fund

Madeline Smith · CBC News

· Posted: Apr 04, 2025 8:00 AM EDT | Last Updated: 9 minutes ago

A First Nation successful northeast Alberta is challenging the provincial authorities successful tribunal implicit its attack to ensuring oilsands companies wage to cleanable up their operations.

The Athabasca Chipewyan First Nation filed an exertion this week for a judicial reappraisal of the province's 2024 determination to renew the rules for the Mine Financial Security Program (MFSP), saying it failed to meaningfully consult and is ignoring ACFN's concerns astir infringement connected Treaty rights.

The program collects deposits from vigor companies to marque definite they screen the outgo of remediating oilsands and ember excavation sites aft they're decommissioned.

About a 3rd of ACFN members live successful the assemblage of Fort Chipewyan, Alta., downstream from oilsands operations.

The ACFN's ineligible application, filed connected April 1, argues the MSFP is "grossly inadequate for achieving its intended purpose," and the state hasn't addressed recommendations and concerns raised during a caller review.

"Without a decently funded program, manufacture volition beryllium capable to locomotion distant from their leases — leaving the messiness down for First Nations communities to unrecorded with," acting ACFN Chief Hazel Mercredi said successful a statement.

The MFSP was criticized successful 2021 by provincial auditor wide Doug Wylie, who recovered that the authorities holds conscionable $1.5 cardinal successful information connected mining liabilities of $31.5 billion.

A consequent study from researchers astatine the University of Calgary's School of Public Policy successful 2023 estimated liabilities astatine anyplace betwixt $45 cardinal to $130 billion, with conscionable $2 cardinal successful reserve.

Ryan Fournier, property caput for Environment Minister Rebecca Schulz, told CBC News successful a statement that the state made "effective changes" to the MFSP past year.

"These were designed to guarantee excavation operators supply information to screen reclamation without unfairly targeting the vigor sector."

Fournier said the authorities is reviewing ACFN's ineligible action, but can't remark further portion it's earlier the courts.

Environmental instrumentality enactment Ecojustice is representing ACFN. 

Ecojustice lawyer Matt Hulse said their presumption is the authorities is failing successful its obligations to ACFN under Treaty 8.

"We're besides saying the determination is unreasonable due to the fact that keeping specified a flawed programme does not really uphold the purposes of Alberta's biology legislation."

The ineligible exertion asks for enactment including a declaration that the state breached its work to consult ACFN, and an bid to amend the MFSP wrong six months, addressing the Nation's concerns.

It besides seeks a judge's bid requiring the state supply ACFN "an independently verified estimation of full oilsands liabilities and supporting analysis."

The judicial reappraisal is scheduled to beryllium heard successful the Fort McMurray Court of King's Bench connected May 21.

ACFN also filed a suit past twelvemonth against the Alberta Energy Regulator, alleging negligence and a nonaccomplishment to unrecorded up to Treaty obligations aft aggregate tailings leaks astatine Imperial Oil's Kearl facility.