Jackpine Mine

Fri, 2012-11-09 09:01Carol Linnitt
Carol Linnitt's picture

Heavy is the Head That Wears the Crown: Tar Sands Expansion May Violate Crown's Legal Obligation to First Nations

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 The First Nation, which originally made this argument in a joint federal/provincial hearing on October 1, was told the panel did not have jurisdiction to hear constitutional questions.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.
 
First Nations rights, especially as defined in the 1982 Constitution and subsequent court decisions, must be accommodated, according to an internal federal discussion paper, released to Greenpeace Canada’s climate and energy campaigner Keith Stewart through access to information legislation.
Tue, 2012-10-23 18:12Carol Linnitt
Carol Linnitt's picture

Athabasca Chipewyan First Nation Challenges Shell in Legal Hearing

Today the Athabasca Chipewyan First Nation (ACFN) is arguing that Shell Canada's proposed expansion of the Jackpine Mine in the tar sands is in violation of constitutionally protected aboriginal rights outlined in Section 35 of the Canadian Constitution and Treaty 8, which the ACFN signed in 1899. Arguments against the proposal will be heard by a provincial-federal Joint Review Panel.

The ACFN participated in a Fort McMurray rally today, asking for individuals, organizations and communities across Canada to stand in solidarity with their tribe. 

“We are here today because a legal challenge may be the only remaining piece of law that can stop the destruction of our land,” said Allan Adam, chief of the ACFN. “We are thankful for the mountain of support we've been receiving. People understand the significance of this challenge and what we must do for our land.”

The proposed expansion will increase Jackpine Mine's production capacity from 200,000 barrels per day (bbl/d) to 300,000 bbl/d and will extend the mine's lifespan to 2049.

The project will add 1.8 million tonnes of greenhouse gasses into the atmosphere, roughly the equivalent of 280,000 additional cars on the road. The waste from the expanded project will amount to some 486 billion litres of liquid tailings including mercury, arsenic and lead, which Shell proposes to permanently bury in what is called a 'pit lake,' according to a press release.

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