Destabilizing the Consultation Framework in Alberta’s Tar Sands

• Published in: Journal of Canadian Studies
• Main Author: Mills, Jennifer
• Format: Article in Journal/Newspaper
• Language: English
• Published: University of Toronto Press Inc. (UTPress) 2017
• Subjects: First Nations
• Online Access: http://dx.doi.org/10.3138/jcs.51.1.153; https://utpjournals.press/doi/pdf/10.3138/jcs.51.1.153

The 2015 election of the New Democratic Party (NDP) in Alberta and the NDP government’s commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples has opened up new possibilities for reforming the province’s relationship with First Nations and Métis communities. Alberta’s tar sands regulatory process and consultation policy with Indigenous peoples, however, has so far remained the same, and the provincial government continues to support expanding the industry. This article argues that the 2014 Consultation Guidelines imposed by the previous Progressive Conservative government severely limit the participation rights of Indigenous peoples and violate treaty rights by not adequately addressing cumulative impacts. Despite sustained critique by legal scholars and Indigenous communities, previous reforms to the consultation system have not substantively addressed their concerns. In response, several First Nations in Alberta have launched legal actions challenging both the consultation regime and specific project approvals. Following a discussion of consultation and consent in Canada, the article uses recent legal cases to illustrate how Indigenous peoples in Alberta have been excluded from key decision-making around the oil industry. Finally, it considers how the regulatory process must change to respect Indigenous rights and self-determination.