Fort McKay First Nation says it's ready to take legal action against oilsands project if approved - Action News
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Fort McKay First Nation says it's ready to take legal action against oilsands project if approved

The Fort McKay First Nation says it's ready to take legal action against any approval of an oilsands project near the First Nation's ancestral homeland.

'The AER has already put blinders on what really matters to us,' Fort McKay chief says

Chief Jim Boucher of the Fort McKay First Nation says he knows what the likely outcome of the hearings will be and is ready to take legal action against any approval. (CBC News)

The Fort McKay First Nationsays it's ready to take legal action against any approval of an oilsandsproject near the First Nation's ancestral homeland.

The Alberta Energy Regulator (AER) began public hearings in Fort McMurray Tuesday onProsper Petroleum's Rigel oilsandsproject.

The Fort McKay First Nation, whichinvests in the oilsands and whose traditional territory is no stranger to development, opposes this particular project. The Fort McKay Mtis havealso voicedopposition to it.

The First Nation and the Mtis local say the project is too close to theirancestral homeland,the Moose Lake reserve.

The reserve is a remote area of unspoiled land with two lakes, Gardiner and Namur, located about 60 kilometresfrom the community of Fort MacKayand 100 kilometres from Fort McMurray. Both Indigenous groups use the area to hunt, fish, trap and for spiritual practices.

Prosper Petroleum intends to develop the project about four kilometres from the reserve.


Map of theMoose Lake reserve and Gardinerand Namurlakes



"Unfortunately, we are prepared for the project to be approved by the regulator," said FortMcKayFirst Nation Chief JimBoucherin a press release. "The AER has already put blinders on what really matters to us.

"We have already started our court action. We know the real fight is in the courts."

AER spokesperson Monica Hermarydefended the hearing process sayingthe outcome of the hearing is not certain or pre-determined.

Over seven days, a three member panel will hear Prosper's application and testimony from the company, experts and community members. A decision will be released within three months of the hearing's adjournment.

A Fort McKay elder and some youth at the Moose Lake reserve. (Fort McKay First Nation)

The Fort McKay First Nation said it opposes the Rigel oilsands project unless the province offers assurances it will reduce the project's proposed water usage, safeguard wildlife and limit itsproximity to the Moose Lake reserve area.

Company says it's accommodatingconcerns

Prosper Petroleumdeclined an interview but said Monday at the hearing it intends to developasteam-assisted gravity drainage, or SAGD, operation that would produce 10,000 barrels of bitumen per day.

Prosper Petroleum's operation would include a processing facility, a co-generation unit, six well pads, roads and a 16-kilometre natural gas pipeline.

If the AER approves the project, Prosperintends to begin construction nextwinter and commission the plant in 2019-2020.

At Monday's hearing, Prosper Petroleum's chief sustainability officer, Carrie Cochran, said the company's processing facility would be as far from the Moose Lakereserve as possible.

Cochran said moving any farther from the reserve would "result in unprecedented and undue hardship to Prosper in terms of additional costs."

Prosper also said the impact of its processing facility on the environment would be minimal.

Fort McKay First Nation calls the Moose Lake area a 'key cultural heartland' and is determined to protect the area from development. (Fort McKay First Nation)

The company also said its facility will not be visible from the reserve, except for the facility'svapour plumes on cold days. The company intends to installmotion-detected lighting that would reduce light pollution, andnoise-producing equipment will be housed inside buildings.

It said it will also control odours from the plant.

FortMcKayMtisPresident Ron Quintal said both theMtisand the First Nation sharethe Moose Lake reserve. Quintal saidhe was out on the reserve hunting moose last week.

"It's so vital,not just to the current generation but to our future generations," Quintal said.

Follow David Thurton, CBC'sFort McMurraycorrespondent, onFacebook,Twitterand email him atdavid.thurton@cbc.ca