Treaty 6 Nations disappointed in lack of consultation on Ottawa and Alberta MOU

The Confederacy of Treaty 6 First Nations says it’s “looking forward” to being involved in consultations after Canada and Alberta signed a memorandum of understanding on getting oil to markets on Thursday. The MOU endorses construction of a new bitumen pipeline from Alberta to the B.C. coast. The federal government also says it’s possible that it will amend the federal tanker ban. The Confederacy says it expects collaboration with Prime Minister Mark Carney and Alberta Premier Danielle Smith to discuss future economic opportunities and expressed its disappointment in not being included ahead of time. “We are disappointed the Confederacy of Treaty No. 6 First Nations was not included at the decision-making table prior to or during the signing of the MOU, despite the importance both governments have placed on First Nations inclusion,” it says in the release. “We require a seat at any table where decisions are made that impact our People. Treaty No. 6 Nations are the only Rights Holders on this Land — there would be no Alberta without Treaty. It is unacceptable that we need to request this. There can be nothing for us, without us.” While the Confederacy notes the MOU is an opportunity for First Nations to be included in economic ventures that will provide long-lasting equity for its communities, it says it must be at the table. “Our inclusion at the table will also ensure First Nations are enabled to protect our Lands, Waters and the environment. To transform our economy, Canada must turn to First Nations as part of the economic solution.” The MOU also includes a commitment to consultation with Indigenous leadership, and using the Alberta Indigenous Opportunities Corporation (AIOC) “to help backstop Indigenous co-ownership of the bitumen pipeline project.” The MOU could potentially open the door to changes to the federal oil tanker ban. It was enacted in June 2019 and prohibits tankers from carrying more than 12, 500 metric tonnes of crude oil in areas along the northern coast of B.C. to the Alaska border. The signing of the agreement has ignited a firestorm of debate as Carney moves to make Canada more self-reliant as the uncertainty of trade with the U.S. continues. But, not all First Nations in Alberta are opposed to the idea of a new pipeline, or expansion of existing infrastructure. Dale Swampy is the president of the National Coalition of Chiefs, a pro-oil and gas development group of First Nations. He wants to see 51 to 100 per cent Indigenous ownership saying a “a northwest tidewater bitumen pipeline is the answer to increase our production or increase our economic activity.” “I’m encouraged, and I hope there are more First Nations that are willing to come up front and centre and learn more about the safety and integrity and the environmental protection plan and features of a project like this, so they can make an informed decision,” Swampy says. Swampy would also like to see the revival of the Northern Gateway pipeline abandoned after the oil tanker ban was put in place. “We can build a pipeline in three years to the coast once you get approval. So I think if you are going to look for no proponents to go in right now. First of all, the tanker ban hasn’t been removed. Second of all, the cost is pretty high, and third, there is no guarantee that the government will approve unless they have the majority of First Nations on board.” First Nations in B.C. whose way of life could potentially be impacted by projects pursued under the MOU yesterday called the agreement “high risk,” and “deeply irresponsible,” with the Union of BC Indian Chiefs saying it will not “stand idly by.” Other nations, like the Haida came out saying they remain firmly against the MOU and “clearly articulated” that message to Premier Smith during a meeting earlier this week. Read more: Coastal First Nations call for meeting with PM on upholding oil tanker moratorium Coastal First Nations stand firm against Alberta premier’s oil pipeline proposal According to Transport Canada, the west coast’s largest spill was 240 tonnes, caused by the sinking of the ferry M/V The Queen of the North in 2006. In 1988, the Nestucca oil barge spilled 87 tonnes of oil off the west coast of Vancouver Island and in 2015, the M/V Marathassa was reported to have spilled fuel oil in Vancouver’s English Bay. In 2015, the most recent year such data was shared by the department, there were about 1487 departures and arrivals of vessels carrying oil at west coast ports but since 2017, there has been an average of 1.7 spills from marine oil tankers in Canadian waters each year. Analysts skeptical about private sector investment Meanwhile, analysts at CIBC say they don’t expect the private sector to take the lead on a new West Coast oilsands pipeline so long as the British Columbia government and First Nations are opposed. “The requirement to consult with B.C. and Indigenous groups is necessary and logical,” they wrote in a report Friday. “The MOU does not contain anything resembling judicial reform and therefore seems to rely on the Building Canada Act and the pre-existing duty to consult Indigenous Peoples to avoid endless legal challenges.” The federal Building Canada Act, under which the new Major Projects Office was created this summer to speed along “nation-building” infrastructure, remains “untested,” the analysts say. The constitutional duty to consult First Nations, meanwhile, is “controversial and ill-defined,” they add. Court challenges caused delays for the defunct Northern Gateway project to B.C.’s north coast more than a decade ago, and for the Trans Mountain pipeline now shipping oilsands crude to the Vancouver area. “Before any company on our coverage list gets financially involved in a pipeline project as politically charged as this one, we would at least like to see some alignment among Alberta, B.C. and Indigenous groups,” the CIBC report says. Trans Mountain currently provides Canadian oil producers the only meaningful export access to Asian markets via a marine terminal in Burnaby, B.C. Since an expansion came into service in May 2024, 60 per cent of cargoes have gone to Asia — mainly China — with tankers also heading to Washington state, California and Alaska. Ottawa bought the pipeline for $4.5 billion in 2018 after Kinder Morgan Canada walked away from it amid fierce environmental opposition and court challenges. It ended up costing more than $34 billion by the time it started up in May of 2024. Trans Mountain and two peers — South Bow Corp. and Enbridge Inc. — are advising the Alberta government in its efforts to see a whole new pipeline built for up to one million barrels a day to B.C.’s north coast. With files from The Canadian Press Continue Reading