(Canadian Press)

By David Opinko

Blood Tribe taking province to court over rescinding Coal Policy

Feb 2, 2021 | 2:45 PM

STANDOFF, AB – Two First Nations in Southern Alberta are launching a legal challenge against the Government of Alberta.

The Blood Tribe, along with the Siksika Nation, have jointly filed their applications with the courts.

Back in 1976, the Coal Policy was introduced under Premier Peter Lougheed as a means of protecting sensitive areas in the Rocky Mountains and foothills, also known as the Eastern Slopes.

As shown in the map below, open-pit coal mining in Categories 1 and 2 were banned while 3 and 4 allowed mines with conditions.

(Government of Alberta)

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The restrictions on mining activities were meant to protect the headwaters of major rivers and critical habitat for grizzly bears, bighorn sheep, elk, and bull trout.

“The Coal Policy has stood the test of time because it has worked and has been broadly supported,” reads a statement from the Blood Tribe.

“However, earlier this year in response to proposed coal projects in the Crowsnest Pass region, the Government of Alberta hastily and secretively decided to remove the ban on open-pit mines in formerly protected Category 2 lands.”

The Blood Tribe says they have repeatedly voiced their opposition to open-pit coal mines in the Crowsnest Pass as the Oldman and Livingstone Rivers supplies much of the reserve’s water.

“Kainai is deeply concerned that without a rigorous assessment of cumulative impacts and robust protection of river basins, the approval of mining in formerly protected Category 2 lands will be an environmental disaster that cannot be undone.”

“Similar mining developments just a few kilometers to the west in BC’s Elk Valley have decimated the Fording and Elk Rivers and had major impacts on the environment. Many communities in the Elk Valley now truck in their water supply because the rivers are not safe for human consumption.”

The Frist Nation adds that they have a connection to the Crowsnest Pass that dates back more than 10,000 years. The headwaters of the Oldman River Basin are considered sacred to the Blackfoot Nations and their way of life.

“Alberta acknowledges this reality in its land-use plans for the region and committed to consulting Kainai and other First Nations on key decisions. Even so, the Government of Alberta made its hasty decision to strip protection of the area without any consultation.”

Back in January, Energy Minister Sonya Savage announced that some coal leases, covering the purchasing of land, were being cancelled.

She said the government had “listened carefully to the concerns raised” by Albertans.

READ MORE: Province pausing sale of formerly-protected lands for coal development

The Alberta Wilderness Association has launched its own court challenge opposed to the removal of the Coal Policy.

READ MORE: ‘Morally and ethically wrong:’ Court to hear challenge to Alberta coal policy removal

The Blood Tribe’s court challenge is expected to be heard sometime this year.