Jackpine Mine Expansion

Fri, 2012-11-09 09:01Carol Linnitt
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Heavy is the Head That Wears the Crown: Tar Sands Expansion May Violate Crown's Legal Obligation to First Nations

Today the Athabasca Chipewyan First Nation (ACFN) will argue in the Alberta Court of Appeal that Shell Canada’s proposed Jackpine Mine expansion is in violation of their Constitutional rights and represents a failure on behalf of the federal government to uphold their legal duty to consult (DTC). The First Nation, which originally made this argument in a joint federal/provincial hearing on October 1, was told the panel did not have jurisdiction to hear constitutional questions.

When the ACFN applied for an adjournment, in that case, their request was denied. In response the First Nation is claiming they have “no other option but to file legal arguments for the protection of their constitutionally protected rights through the Alberta Court of Appeal.” 
 
The government’s refusal to consider the ACFN’s best defense against the megaproject, which will increase Shell’s tar sands bitumen mining capacity in this one project alone by 100,000 barrels per day, appears out of step with the federal government’s own admission that they must accommodate the rights of First Nations when considering industrial projects that entail irreversible impacts.
 
First Nations rights, especially as defined in the 1982 Constitution and subsequent court decisions, must be accommodated, according to an internal federal discussion paper, released to Greenpeace Canada’s climate and energy campaigner Keith Stewart through access to information legislation.
Tue, 2012-10-02 17:43Carol Linnitt
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First Nation Challenges Shell Canada's Jackpine Mine Expansion, Citing Constitutional Treaty Rights

Yesterday the Athabasca Chipewyan First Nation (ACFN) announced their plans to constitutionally challenge Shell Oil Canada's expansion of the Jackpine Mine tar sands project. The project expansion would threaten the resources needed to sustain rights protected under Treaty 8, which the ACFN signed in 1899 at Fort Chipewyan on Lake Athabasca. A joint federal-provincial review panel will hear the challenge - the first of its kind to appear before such a group - on October 23rd, 6 days before the Jackpine Mine expansion application will make its own appearance before the panel on October 29.

The Jackpine Mine expansion would disturb 12,719 hectares of land and destroy 21 kilometers of the culturally significant Muskeg River, according to ACFN's press release issued yesterday
 
In addition, greenhouse gas emissions from the project would total 2.36 megatons of CO2 equivalent each year - an increase of 5.2 per cent in tar sands emissions from 2009, or roughly 281,000 cars on the road. Since Shell proposed the expansion in 2007, 11 additional projects have been proposed in the tar sands region.
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