Treaty 8 First Nations reject outright Alberta’s Bill 30, the Expedited 120-Day Approvals Act, and call on the Province to immediately halt any further advancement of this dangerous legislation until Treaty rights, meaningful consultation, and environmental protections are incorporated consistent with the honour of the Crown.
Despite formally raising these concerns directly with Premier Danielle Smith, the government continues to push Bill 30 forward while it dismisses the constitutional rights of Treaty 8 First Nations. Alberta has failed its duty to consult with First Nations during the development, introduction, and advancement of this legislation, since its effect will be to significantly constrain, if not eliminate, consultation in the only place in the approval process that Alberta acknowledges it is essential. But legal precedent is clear about the minimum requirements for meaningful consultation, which is impossible in 120 days, especially if First Nations are not engaged during project design.
“Consultation is not something governments can just ‘circle back to’ after decisions have already been made,” said Treaty 8 Grand Chief Trevor Mercredi. “Bill 30 creates conditions in which even the most minimal requirements for meaningful consultation are rendered impossible during the approval process for development projects that could have significant effects on Treaty rights and ecological integrity. Its approach raises serious concerns about whether this government is actually prepared to uphold the constitutional responsibilities by which it is bound.”
Bill 30 will force decisions on major projects within just 120 business days. This rushed timeline will effectively eliminate First Nations’ ability to properly review projects, assess cumulative impacts, and ensure accommodations are in place before projects are approved. This hasty and thoughtless approach reduces consultation to a checkbox, instead of the meaningful, rights-based process it is meant to be. Additionally, Section 7 of the Act, which would enable government to override conflicting provincial legislation, creates unprecedented uncertainty around which environmental protections and regulatory processes still apply.
Treaty 8 First Nations will not support Bill 30 unless the following amendments are made:
- All consultation processes must be completed before the designation of a ‘qualified project’.
- Treaty 8 First Nations must be directly involved in codeveloping any framework that impacts our lands, rights, and responsibilities.
- Meaningful accommodations to protect our rights, lands, and ways of life must be conditions of any final approval decisions.
- The legislation must uphold existing environmental and regulatory protections.
Failure to meet these minimum conditions will lead to costly litigation.
“The First Nations of Treaty No. 8 remain prepared to engage with Alberta to work toward a path that respects both economic development and our Treaty rights,” said Grand Chief Mercredi, “but that work must happen with First Nations, not in spite of us. Our constitutionally protected role in these decisions cannot be treated as an obstacle to be shunted aside just to accelerate approvals.”