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 The First Nation, which originally made this argument in a joint federal/provincial hearing on October 1, was told the panel did not have jurisdiction to hear constitutional questions.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.