Cold Lake First Nation appeal denied by court

The Alberta Court of Appeal has denied the Cold Lake First Nations’ application to appeal a decision by the Energy Resources Conservation Board that the ERCB did not have the jurisdiction to determine the adequacy of Crown consultation regarding a bitumen recovery project within the CLFN’s treaty territory. The ERCB held that although it has the authority to consider questions of constitutional law generally, it does not have the authority to consider all questions of constitutional law – its authority is limited by the scope of its mandate, which does not include assessing and supervising Crown conduct. Although the CLFN applied for leave to appeal the finding, the First Nation ultimately reached an agreement with Osum Oil Sands Corporation on the project and withdrew its objection.