The chiefs of all five Treaty 7 nations have issued a joint statement demanding the Alberta Energy Regulator halt approval of a proposed natural gas pipeline expansion through southern Alberta, saying the consultation process was inadequate and failed to respect their constitutionally protected treaty rights.
The proposed 280-kilometre pipeline, which would carry natural gas from processing facilities near Crossfield to an export terminal connection near the B.C. border, would cross traditional territories of the Siksika, Piikani, Kainai, Tsuut’ina, and Stoney Nakoda nations.
Consultation Failures
"We were given 30 days to review a 4,000-page environmental impact assessment and provide comments," said Siksika Nation Chief Ouray Crowfoot. "That is not consultation — that is a checkbox exercise. Our treaty rights are not a box to be checked."
The chiefs say the pipeline route crosses areas of significant cultural and spiritual importance, including burial sites and traditional gathering grounds. They are also raising concerns about the potential impact on water sources that serve their communities.
Legal Framework
The duty to consult with Indigenous peoples on decisions that may affect their rights is established in Section 35 of the Constitution Act, 1982, and has been affirmed repeatedly by the Supreme Court of Canada. However, First Nations across the country have long argued that the standard of consultation in practice falls far short of what the law requires.
The proponent, Western Gas Infrastructure Corp., said it has "engaged extensively" with all affected communities and that its consultation record exceeds regulatory requirements. A spokesperson said the company is "committed to ongoing dialogue."
The Treaty 7 chiefs have retained legal counsel and indicated they are prepared to seek a judicial review of the approval process if their concerns are not addressed. The Alberta Energy Regulator said it is reviewing the submission and will respond in due course.