Siksika Nation files legal challenge against province’s coal development decision

The Siksika Nation has filed a legal challenge against the Government of Alberta‘s decision to end a moratorium on coal development in the province’s Rocky Mountains.

The Nation says it’s about more than just environmental concerns, saying development of the area would put its culture at risk.

“Our whole culture really revolves around land-based teaching and the connections (to the land),” says Samuel Crowfoot, a councillor for Siksika Nation. “Eastern slopes are one of the last few places we have left in Alberta that we can go and practice our ways of life.”

It’s the second challenge the nation has filed against provincial coal development policies. In May 2020 Siksika filed a legal challenge against the Government of Alberta’s decision to rescind the 1976 Coal Policy, allowing companies to apply for leases in the eastern part of the Rockies. The Lougheed era policy had prevented coal mining in roughly 14,000 square kilometres of mountain slopes.

That lawsuit was dropped when the province reinstated the policy and created the Coal Policy Committee to consult with the public and First Nations and make recommendations to the government to shape any future potential development.

“I understand we need resource development and Alberta is uniquely situated to have this type of opportunity,” says Crowfoot. “But how and when and where they go about it is what we are concerned about.”

Siksika Nation says representatives, alongside other First Nations, appeared in front of the committee to share their insight, but says Alberta’s decision to end the moratorium ignored the recommendations made.

“We’ve tried other means to advise them and get our voices heard,” says Crowfoot. “We find the only time Alberta really pays attention is if they’re fined with a statement of claim.”

In a statement to Global News, the acting press secretary for the minister of Indigenous Relations, Garrett Koehler, says they are aware of Siksika Nation’s decision to seek judicial review of the decision, and they are committed to working with First Nations across the province. It added that they “understand how important it is for meaningful engagement and consultation with Indigenous communities on projects where Treaty rights, traditional uses and harvesting activities may be affected.”

The statement goes on to say the government is “implementing a modern, responsible coal policy that prioritizes environmental protection, water security and Indigenous consultation. Our approach includes the highest environmental standards, a ban on mountaintop removal and new open-pit mines in the Rockies and a clear expectation that any future projects must meet strict conditions.”

But Crowfoot says no matter how modern future coal development is, the environmental and cultural risk is too great in the eastern slopes.

“We know that once the destruction happens we can’t undo it,” the Siksika leader says. “It’s hard to get back the wildlife, it’s hard to restore the land to what it used to be, so we want that moratorium to stay in place.”

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On Monday, protesters gathered at the Premier’s Pancake Breakfast to express their opposition to the provincial government’s coal development plans. The group that organized the rally, Defenders of the Easter Slopes, says industrial development in the area poses serious long-term risks to water quality, biodiversity, and regional climate resilience.

“Industrial accidents happen,” says one of the protesters, Ken Williams. “Best-laid plans go awry and as many of the people here are concerned, any accident along the eastern slopes is going to affect a great number of people and all of the water that’s flowing downstream.”

Williams acknowledges there is a need for development, but says it has to be balanced with environmental and First Nations concerns, as the risks that coal mining poses to established industries in the area like agrifood.

Another protester, Bev Bruce, says the water that is at risk of contamination from mining is the drinking water for thousands of residents and is used for irrigation and cattle, saying it’s impossible to remove any selenium that ends up in the water source.

“To me, it’s bizarre. It’s even a crazy concept to coal mine in the Rocky Mountains,” says Bruce. “I hope there’s a stop to all mining in the Rockies.”