Bravo ACFN! The winning is in the doing, especially given how dirty (and racist) too many Albertan (and Canadian) judges are. I love that Chief Allan served AER CEO Laurie Pushor in person in public. Winning by doing.
Things have since I filed my lawsuit against AER, Encana and the Alberta gov’t.
The world is turning against the oil and gas industry fast and furiously, and against fraudsters like AER, a pathetic corrupt lying grossly negligent charter-violating sleazy bad faith self-regulator of industry. I think there’s a way to beat AER’s immunity with its bad faith operations. At the time of my lawsuit, AER’s immunity clause was a bit different than it is now (e.g. The Ernst Clause).
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Brandi Morin@Songstress28:
Athabasca Chipewyan First Nation Chief Allan Adam handed Alberta Energy Regulator CEO Laurie Pusher a Statement of Claim informing him that the ACFN is suing the AER for Imperial Oil’s tailings spills & its impacts on Fort Chipewyan tonight. It’s the first time ACFN has had the evidence to take action to the courts, said Chief Adam- also, said they’re tired of the talks & promises.
Gregg H – curmudgeon, optimist, drummer @NadionInc:
This is the dude who brought his own case of water?
excellent. Best of luck on the lawsuit. Fight em any way you can.
The French Wong @TheFrenchWong:
Besides amplifying your fight, what can we do to help? All Albertans deserve better but you have been on the front lines of this fight, alone, for too long.
Louise Adams@smadalou26:
This is so good to hear. Thank you for standing up to this industry and to the AER.
The Breakdown@TheBreakdownAB:
Chief Allan Adam just served the CEO of the AER to the applause of the entire room.
Watch this video.
Jean Bota@Bota28:
Good for Chief Adam .. how long does a community need to ask for an explanation
Shine the Light@Oak9663:
Wonderful News. Best wishes to the chief and his people… May they have great success with this lawsuit.
Carol Potter@intell59:
That is awesome news. Congrats to the Chief. Enough is enough with the AER.
Nigel Bankes@NdbYyc1305:
Please give an example of delicious irony. #ableg
Grumpy Old Man@netweaverone:
Despite the fact it appears to have legal immunity, I applaud your efforts. AER is industry run for industry benefit. Environment takes a back seat to profit. Thanks.
In my case, Alberta judges not only gave AER total immunity, even over Canada’s constitution, they ruled that AER owes no Albertan any duty of care. This case will be interesting to watch play out because in my understanding, FN have more rights than non FN Albertans, notably in the duty to consult arena, when it comes to oil and gas.
Benjamin High @chowitzer:
The legal system and institutions are all stacked against you but I applaud this effort and wish you luck.
Amir Attaran@profamirattaran:
About time. AER is the picture of corruption.
First Nation sues Alberta Energy Regulator over tailings leaks from oilsands mine, Athabasca Chipewyan First Nation alleges negligence, failure to meet Treaty obligations by Aaron Sousa, CBC News, Mar 06, 2024
A First Nation in northern Alberta has filed a lawsuit against the Alberta Energy Regulator (AER) alleging negligence and a failure to live up to Treaty obligations in the wake of multiple tailings leaks at Imperial Oil’s Kearl facility.
In a news release issued Tuesday, the Athabasca Chipewyan First Nation (ACFN) said the lawsuit, filed in the Alberta Court of Kings Bench, is based on two major leaks from the oilsands mine’s tailings ponds, which took place between May 2022 and February 2023.
The ACFN claims the regulator failed to inform the First Nation about the leaks. The lawsuit alleges “negligence, nuisance, breach of the duty to consult, breach of the Honour of the Crown, breach of fiduciary duty and unjustified Treaty infringement,” the news release states.
Documents filed by Imperial Oil Ltd. show the company and energy regulator knew the Kearl oilsands mine was seeping tailings into groundwater years before a pool of contaminated fluid was reported on the surface.
- Imperial and Alberta regulator knew for years about oilsands tailings seepage, documents show
- Canada opens formal investigation into Imperial’s oilsands tailings leak in northern Alberta
“The AER is supposed to regulate the energy sector in Alberta to ensure safety and environmental responsibility. They have spectacularly failed on this front,” ACFN Chief Allan Adam said in the news release.
He added that the First Nation has a Constitutional right to be “consulted and accommodated.”
Imperial Oil reported to the Alberta Energy Regulator in May 2022 that it had found some brown sludge outside the boundaries of the company’s Kearl site, located about 70 kilometres north of Fort McMurray.
The spill of over 5.3 million litres of toxic chemicals and the failures of four tailings ponds was revealed in early 2023, when the regulator issued environmental protection orders against Imperial.
Chiefs from First Nations in the area were furious that members had harvested in the area for nine months without being told about possible contamination.AER, Encana, and Alberta Environment kept Encana’s aquifer contaminating crimes quiet too, and lied to Rosebud residents, letting us continue to bathe in, breath and ingest toxic frac chemicals, and live in risk of blowing up in our own homes from dangerously high concentrations of gases (methane and ethane) in our water, and let the company keep frac’ing hundreds more gas wells in the fresh water zones around the already poisoned community.
According to the statement of claim, there were three major leaks from May 2022 to November 2023. The lawsuit alleges the AER took no steps over the nine-month period to notify the First Nation about the leaks.
- Head of Alberta’s energy regulator apologizes for handling of Imperial Oil’s Kearl tailings leak
- Northern Alberta residents demand answers from Imperial Oil after toxic leak from oilsands project
It alleges the leak could have impacted resources, including groundwater, and left members of the First Nation fearful of contamination.
None of the allegations have been proven in court.
Papers served during community meeting
Adam served the lawsuit notice to regulator CEO Laurie Pushor during a Tuesday night meeting between ACFN members and representatives of the AER held at a community hall in Fort Chipewyan. The meeting including a video conference link for media.
“We’ve had enough,” Adam told Pushor during the meeting. “No more of these dirty dealings are going to … continue on our traditional territories.”
Those in attendance burst into cheers and applause as Pushor received the papers.
After receiving the notice of lawsuit, Pushor said the agency would “do what is right and appropriate in response to this and work our way through it.” By lying, denigrating and bullying every harmed community member?
A Wednesday statement from AER added: “We appreciate the opportunity to visit Fort Chipewyan and to meet and speak with the community. AER employees were provided with a document and the AER will be seeking legal advice.”
During the meeting, some members called for the Kearl mine to be shut down; others said the regulator had lost trust of the First Nation by failing to inform them about the tailings leaks.
Kendrick Cardinal, president of the Fort Chipewyan Métis Nation, told CBC News after the meeting that the relationship between the AER and the community “is no good.”
He said Tuesday’s meeting was an important part of bridging the gap between the energy regulator, industry and First Nations in the area.
“This is a step forward, in my opinion,” he said.
Cardinal said the AER committed to quarterly, in-person meetings with the First Nation and to consider community concerns.
“I hope that Alberta Energy Regulator really sticks to their comments tonight and holds the industry accountable,” he said.Pfffft. Won’t happen, not in cowardly corrupt Alberta.
According to the statement of claim, the First Nation is seeking a declaration that the AER’s regulatory framework around the regulation of tailings facilities is unconstitutional and infringes on ACFN rights.
The First Nation is also seeking a declaration that the Crown failed to honour its obligations under Treaty 8 and has asked to be paid all or part of the royalties generated by the Kearl Project during the time of the leaks.
The ACFN also wants an order for the AER to remediate damages caused by the leaks and take “all reasonable and necessary steps” to prevent further instances.
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