Two Alberta First Nations want court to allow appeal of decision on coal mine
A second Alberta First Nation wants a court to allow it to appeal a review board's decision that an open-pit coal mine in the Rocky Mountains is not in the public interest.
The Stoney Nakoda Nation has filed a request with the Alberta Court of Appeal to appeal the decision that blocks the development of Benga Mining's proposed Grassy Mountain project near the town of Crowsnest Pass in southwestern Alberta.
“The (panel) did not properly assess the impact that rejecting the project would have on Stoney Nakoda Aboriginal and treaty rights and economic interests related to the accommodation of those rights,” says the Stoney application.
The Piikani First Nation filed a similar request last week, as did Benga Mining.
Two other southern Alberta First Nations, the Kainai and the Siksika, are not filing appeals.
“Kainai will not participate in Benga's appeal,” said a statement from the band.
“Kainai remains concerned about coal projects in the Crowsnest Pass region, and in particular on the headwaters of the Oldman River watershed, and will continue to oppose any other efforts to pursue coal mines in the region.”
The Siksika council made a similar statement.
“As the government of Alberta has not addressed Siksika's concerns about coal projects in the Crowsnest Pass region, Siksika will continue to oppose any other efforts to pursue coal mines,” it said.
In June, a joint federal-provincial environmental review panel decided the project should not proceed because the threat it posed to southern Alberta's water supply was too great for the economic benefits it would have created.
The mine, the company said, would create about 500 jobs during two years of construction and 400 more over its 23-year life. The company said it would pay $1.7 billion in royalties and $35 million in municipal taxes over that time.
But the panel concluded the mine posed too great an environmental risk to the headwaters of the Oldman River from selenium, an element commonly found in coal mines that, in large doses, is toxic to fish.
The panel cast doubt on Benga's promises to capture up to 98 per cent of selenium released. It said Benga's assumptions were overly optimistic, its reclamation plans vague and its economic projections overstated.
The review panel also concluded the mine would damage ecosystems and impair the cultural and physical heritage of local First Nations.
But the Stoney Nakoda Nation, which has signed an impact and benefits agreement with Benga, said it was never asked.
The Piikani said that the panel relied on a ruling from an Alberta government office that said consultation had been adequate. As a result, it didn't dig deeply enough into how blocking the mine would affect the First Nation.
Piikani Chief Stanley Grier said the review panel shouldn't have relied solely on the provincial office to get the band's perspective.
“We were never consulted by the joint review panel directly,” he said. “Nobody speaks on behalf of the Piikani Nation but ourselves.”
He acknowledged some Piikani members oppose the mine, but said chief and council held extensive meetings with band members and elders before making its decision.
“I respect them, but that does not change the chief and council's decision.”
He said the panel's reliance on the provincial office to ensure the Piikani were consulted was disrespectful not only to his nation, but other First Nations as well.
Grier called the 25-year projected life of the mine a generational opportunity for his people that could now be lost.
“That is a legacy opportunity for us.”
Latasha Calf Robe of the Niitsitapi Water Protectors - a group opposing coal development - said concern about the projects among the membership of all First Nations in the region is growing.
“I would say we're pushing toward 70 per cent,” she said.
Benga said the panel treated it unfairly by telling the company it had filed a complete application with supporting documents, then concluding its environmental information was inadequate.
It also said the panel ignored relevant environmental data while accepting evidence the company calls “non-expert and unfounded opinion.”
The Piikani and Benga applications are to be heard Sept. 9, while the Stoney appeal is to be heard on Sept. 22.
This report by The Canadian Press was first published July 22, 2021
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.