First Nation seeks court ruling on Alberta ending coal mining moratorium
Siksika Nation says effects of coal mining in Rockies threaten treaty rights
An Alberta First Nation is asking a judge to review the provincial government's decision earlier this year to end its moratorium on coal mining.
In an application for judicial review filed this week, Siksika Nation says Alberta failed in its duty to consult when in January it lifted its moratorium on new coal mining projects on the eastern slopes of the Rocky Mountains.
Siksika Nation, 95 kilometres east of Calgary, says the effects of coal mining in the Rockies threaten treaty rights and the land that supports its livelihood.
Samuel Crowfoot, a Siksika Nation councillor, told CBC News that "the principal objective of this filing is to protect the land that has always been under the stewardship of the Siksika Nation and the rest of the Blackfoot Confederacy."
"These lands aren't just opportunities for economic development. Yes, that's part of it, but there's so much more than that. These lands are connected to our culture, to our identity."
Clayton Leonard, senior counsel, identified the Crowsnest Pass region and Elk Valley as areas of particular concern.
"The Elk Valley's decimated," he said. "It's not the home to bighorn sheep anymore. You can't ... drink the water from the Fording River... that seems to be Alberta's vision for the eastern slopes of the Rocky Mountains."
"We've seen them strip mine and clear cutting and all that stuff. Once it's done, it's done. And then they leave and they go back to their homes and then we have to stay and live with that," Crowfoot added.
It's the second time Siksika Nation has challenged a United Conservative Party government's coal mining decisions.
When Alberta lifted its long-standing coal policy in 2020, Siksika challenged the move in court, but proceedings were discontinued the following year when public outrage spurred the province to reinstate the policy.
That policy flip-flop prompted coal companies to sue Alberta for a combined $16 billion, arguing that the reinstatement and effective moratorium amounted to expropriation of land.
The province recently reached settlements with two companies involved in the lawsuit for undisclosed amounts.
Energy Minister Brian Jean's office didn't immediately respond to a request for comment
With files from Louna Marchet, Rukhsar Ali