Stoney Nakoda First Nations files application to stop major Canmore housing developments

The Stoney Nakoda First Nations has filed a court application against the Town of Canmore and the Alberta government to block controversial housing developments on the east side of Canmore.

Stoney Nakoda wants the court to declare the developments "invalid or void," alleging neither level of government properly consulted with the Treaty 7 members that call the Canmore area its traditional territory.

The filing alleged the Stoney Nakoda will be adversely impacted by the housing developments because it will damage wildlife habitat, connectivity and plant diversity, impacting hunting and harvesting rights.

The eight-page document filed with the Court of King’s Bench on Tuesday alleges under the Constitution, the town and the province "did not discharge their duties" to consult with the First Nations during the approval process for the Three Sisters Mountain Village development and its project counterpart, Smith Creek.

The application alleges the developments will cause stress on an already fragile environment and reduce the lands available for grizzly bears. It says the process overlooked the Indigenous peoples "right to hunt, fish and trap" as well as "harvest resources for sustenance, cultural and livelihood purposes."

The complaint adds the developments will increase the population, further encroaching on traditional lands and cultural practices.

There could also be potential harm to cultural sites and gravesites, it argues.

Three Sisters Mountain Village and the Smith Creek Project are estimated to add 10,000 units or about 15,000 people to the area, essentially doubling the population.

The proposals on the east side of town include about 80 per cent of the remaining developable land.

Canmore town council had rejected the projects, but the Land and Property Rights Tribunal of Alberta ruled in May 2022 that both developments could go ahead.

Canmore appealed the ruling, but it was dismissed by Alberta’s highest court in October.

The Stoney Nakoda want proper consultation with them before any of the developments move forward.

The document filed with the court sets a hearing date in Calgary for Feb. 6, 2024.

None of the allegations have been proven in court.

'COMMITTED TO TRUTH AND RECONCILIATION'

In a statement sent to CTV News, Canmore Mayor Sean Krausert says the town is committed to Truth and Reconciliation.

"The Town of Canmore and Provincial Ministries of Municipal Affairs and Indigenous Affairs have been served with a court application by the Stoney Nakoda Nations, asking the courts to declare the Three Sisters Village and Smith Creek ASPs to be invalid or voided. The application claims that the Town of Canmore and Crown had a duty to consult the Stoney Nakoda Nations prior to approving the ASPs," said the statement.

"We will be filing a response to this application for judicial review and will not be providing further comment while the matter is before the court.

"We are proud of the relationships we have built with our Stoney neighbors and will continue working with them in whatever way we can."

'MEANINGFULLY ADDRESSED'

In a statement sent to CTV News, Stoney Nakoda says it has voiced concerns about the Development since the 1990s, and these concerns have "not been meaningfully addressed."

"In this time of reconciliation, the Town of Canmore and the Alberta Government must address historical and cultural concerns of the project. If reconciliation is to be realized, meaningful consultation must be conducted by all levels of government, all over Alberta.

"By bringing this challenge, the Stoney Nakoda intend to argue that those very same impacts require either or both the Town of Canmore and Government of Alberta to engage in meaningful consultation and accommodation before proceeding.

"The Stoney Nakoda believe that the legal challenge, arising from the failure of the Town of Canmore and Alberta governments to fulfill their constitutional obligation to consult and accommodate, will be an important next step in ensuring that their constitutional rights, and the integrity of the land itself, are protected."