Court rules against Athabasca Chipewyan First Nation and Métis Nation of Alberta on Jackpine expansion

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The Athabasca Chipewyan First Nation and the Métis Nation of Alberta had asked the Alberta Court of Appeal to force a regulatory board to make a ruling on whether they had been adequately consulted on the massive project.

The groups also wanted the board to rule on the issue before it made a decision on whether the project could go ahead.

However, in a ruling released Monday, the court said the regulatory board was within its rights to refuse to deal with consultation even though it is an Aboriginal right guaranteed by the constitution.

"The Joint Review Panel is not required ... to make any determination as to the scope of the Crown's duty to consult ... or whether the Crown has met its respective duties to consult," wrote Justice Frans Slatter.

"As counsel for Shell put it," wrote Slatter, "the applicants' argument was essentially 'stop the consultation, because there hasn't been enough consultation.' "

But Athabasca Chipewyan spokeswoman Eriel Deranger said the band's don't consider the hearings to be consultation.

"The (board) says it's happening during this process," she said. "We don't feel it is happening."

She pointed out neither the provincial nor federal governments appeared before the regulatory board to give evidence as to whether the Crown's duty to consult had been carried out.

"Who has the jurisdiction to determine the adequacy of consultation?" she asked. "We don't really know.

"It's kind of become a bit of shell game."

Deranger said the bands are now considering whether to ask the Supreme Court to look at the issue.