The BLCN is situated in an area geologically rich with oil sands which attracted the early attentions of the industry. However, the nation has waged a defiant campaign against the industry. The governments of Alberta and Canada authorized "300 projects or developments" representing 19,000 individual authorizations" related to "oil and gas, forestry, mining and other activities" on Beaver Lake Cree Nation core lands, covering a large portion of northeast Alberta and falling outside the boundaries of any Indigenous reserve including within its territory, the
Cold Lake Weapons Range. Many environmentalists and activists have celebrated the BLCN's efforts to press for ongoing treaty rights and to preserve their lands from tar sands development. Environmentalist
David Suzuki explained that, The Beaver Lake Cree Nation's opposition to oil and gas exploitation on their lands was prominently featured in the work of
Naomi Klein. Klein's bestselling book,
This Changes Everything and the
Avi Lewis film of the same title both focus on the BLCN's claims with regard to treaties, rights, pollution, and
sustainability.
Legal Status: Cumulative Ecological Effects A pivotal 1983 article entitled
An Ecological Framework for Environmental Impact Assessment in Canada, provided the impetus for the increased use of cumulative effects assessments instead of conventional single-project Environmental Impact Assessments (EIA)s that had been used since the 1970s. As expectations broadened in terms of the scope of assessments, it became apparent that conventional single-project EIAs did not consider environmental degradation, resulting from cumulative effects. The Beaver Lake Cree Nation are contesting the "cumulative effect" of these projects and developments on "core traditional territory". On 14 May 2008 the Beaver Lake Cree Nation (BLCN) issued a Statement of Claim against the governments of Alberta and Canada, claiming that "in failing to manage the overall
cumulative environmental effects of development on core Traditional Territory", Alberta and Canada have "breached the solemn commitment" in the 9 September 1876
Treaty 6, that the BLCN could "hunt, fish and trap in perpetuity". On 30 April 2013, in Lameman v Alberta, the
Court of Appeal of Alberta dismissed Alberta and Canada's appeal of Honourable Madam Justice B.A. Browne's "historic, precedent-setting judgement, "in their entirety", issued in March 2012.
Cold Lake oil sands In 1980, a plant in
Cold Lake oil sands was one of just two
oil sands plants under construction in Alberta. The Cold Lake oil sands deposit, located near
Cold Lake, Alberta, south of the Athabasca oil sands, and directly east of the capital
Edmonton, was—as of 2010—one of the largest oil sands deposits in Alberta. The Province of Alberta owns 81 percent of mineral rights, including oil sands. Mineral rights owned by the Crown are managed by the Alberta Department of Energy on behalf of the citizens of the province. The remaining 19 percent of the mineral rights in the province are held by the Federal Government within Aboriginal reserves, by successors in title to the
Hudson's Bay Company, by the railway companies and by the descendants of original homesteaders through rights granted by the Federal Government before 1887. These rights are referred to as "freehold rights". The federal and provincial government granted "roughly 300 projects with about 19,000 permits" in an area covering a "large portion of northeast Alberta", both "inside and outside" the Beaver Lake First Nation reserve, including the
Cold Lake Weapons Range. Most of the grants were made by the province of Alberta but the federal government made 7 of these grants. The Lawyer for the BLCN, Mr. Mildon, explains that BLCN are seeking compensation for losing hunting and fishing rights for the "cumulative effects of oil sands and other industries such as mining and forestry violated their treaty rights, in "past and current projects". The Beaver Lake Cree are part of a legal dispute over this development on their Treaty lands. In 2008 they issued a declaration, asserting they are the legitimate caretakers of these lands (which includes part of the
Cold Lake Air Weapons Range and extends into Saskatchewan). This was followed by a 2012 lawsuit against the governments of Alberta and Canada, alleging that by allowing unfettered development without the band's permission, the governments had violated their treaty rights. The Band has received support in the case from UK-based coop
The Co-operative, and the
ENGO People & Planet.
Kétuskéno Declaration On 14 May 2008, the Beaver Lake Cree released the "Kétuskéno Declaration", "Kawîkiskeyihtâkwan ôma kîyânaw ohci Amiskosâkahikanihk ekanawâpamikoyahk ôhi askiya kâtâpasinahikâteki ôta askîwasinahikanink âhâniskâc ekîpepimâcihowâkehk". asserting their role as caretakers of their traditional territories and started a legal action to: a) enforce recognition of their Constitutionally protected rights to hunt, trap and fish, and b) protect the ecological integrity of their territories. They alleged that development from the oil sands, forestry and the local municipal government infringes upon the First Nation's 1876 treaty rights to hunt, trap and fish Among other resources they foregrounded a native map as evidence.
The Co-operative Group The Co-operative Group supported the Beaver Lake Cree Nation as part of its 'Toxic Fuels' campaign "against the alarming global trend of developing
carbon-intensive unconventional fossil fuels such as tar sands", which ran from 2008 to 2012. The Co-operative Group became aware of the Beaver Lake Cree Nation concerns regarding oil sands development via the 2008 Kétuskéno Declaration. Colin Baines, Campaigns Manager at The Co-operative Group described the Beaver Lake Cree Nation legal action as "perhaps the best chance we have to stop tar sands expansion". Their involvement and campaigning boosted the national and international profile of the legal challenge. The Co-operative Group sponsored a trip by then-Chief Al Lameman and other senior members of Beaver Lake Cree Nation and their legal counsel to London to officially launch the 'Toxic Fuels' campaign in February 2009. A rally was held outside of the Canadian Embassy in protest of tar sand expansion. This resulted in widespread media attention with major features in
The Guardian,
Financial Times In July 2009, a team from the
BBC accompanied representatives of The Co-operative Group to Beaver Lake to document their visit. The resulting programme entitled 'Tar Wars' was shown in the UK and globally as part of the 'Our World' series. Their visit to Beaver Lake generated significant media coverage in Alberta. In September 2010, then-Chief Lameman returned to the UK as guest of honor for the launch of a major photographic exhibition on the oil sands called 'Tarnished Earth', in which the BLCN legal challenge featured. The Co-operative Group fund raised or donated over to support the BLCN legal case. It also funded research into the impacts of oil sands development on the endangered woodland caribou and supported a successful First Nation legal action to force federal government to take action under the Species at Risk Act. It also supported international solidarity campaigning, for example sponsoring a youth exchange with UK student campaigning organization People & Planet in July 2011. UK-based companies like BP and Shell and UK investors are very active in the
Athabasca oil sands. The Co-operative Asset Management, then part of the Co-operative Group, cited the Beaver Lake Cree Nation and "litigation brought by local communities, increasingly affected by pollution, deforestation and wildlife disturbance, claiming breaches of the treaty rights protecting their traditional livelihoods" in shareholder resolutions tabled at the 2010 AGMs of BP and Shell.
The Co-operative Group in the United Kingdom is the world's largest consumer co-operative. The Co-operative Group worked with Drew Mildon, of Woodward and Company law firm out of Victoria as legal counsel for the BLCN. == See also ==