Sub-regional plan to protect area larger than Moose Lake

Over the next year, the Fort McKay First Nation will work with the province and industry stakeholders to develop a sub-regional plan that will protect traditional territory around Moose Lake.

Fort McKay First Nation Chief Jim Boucher signed a letter of intent with Premier Jim Prentice, who also serves as Aboriginal relations minister, and Environment and Sustainable Resource Development Minister Kyle Fawcett on Mar. 25 that specifies three areas of collaboration: management access plan for the area which includes Moose Lake; enhanced environmental monitoring; and the development of environmental triggers and thresholds for land, air, water and biodiversity within that area.

The protection of Moose Lake was a contentious issue as hearings were held for Brion Energy’s Dover Commercial Project, a planned in situ site designed to produce 250,000 barrels of oil per day. The Alberta Energy Regulator approved the project in August 2013 and turned down the band’s request for a 20 km buffer zone around Moose Lake, stating that a no-development zone would reduce economic benefits for the province. The band began court action and in November 2013 the Alberta Court of Appeal ruled that Fort McKay First Nation could argue Constitutional and treaty rights in its appeal of the Dover project. However, prior to going to court, Fort Mckay First Nation and Brion signed an agreement for the development of the Dover oil sands project. However, Brion Energy maintained that the issue of the Moose Lake buffer zone remained in the hands of the government.

In a news release issued at the signing of the letter of intent, Prentice said he “didn’t hesitate to say yes” when approached by Boucher to protect the area. Moose Lake is a sacred part of Fort McKay traditional territory and was selected by Fort McKay leadership as an area that membership could go to practise their traditional pursuits. Moose Lake has a long history of community residing there.

“The Fort McKay First Nation has done a wonderful job of preserving their traditional way of life, while allowing for responsible oil sands development near their community. This has enabled their people to thrive economically within the oil sands region. But it has also meant that some land that is meaningful to them near their reserve has been used for development,” said Prentice.  

This letter of intent is a valuable tool in protecting more than Moose Lake, says Karla Buffalo, senior manager, government relations for Fort McKay First Nation. Negotiations will result in a sub-regional plan within the Lower Athabasca Regional Plan.

“One of the biggest wins we think has come about as part of the discussions with Alberta is that we’re not only focusing on an area that was mentioned in the Dover negotiations but on a larger area which will provide a greater protection for, not just for the Moose Lake area, but an area in Fort McKay’s traditional territory,” said Buffalo.

The size and parameters of the area to be protected still needs to be negotiated, she says. Meetings will be held between senior leadership in Fort McKay and the government to work on the specifics. Recommendations for the sub-regional plan must be made by March 31, 2016, and then legislative approval will be required.

But until that time, says Buffalo, no moratorium has been put in place to stop development in the region.

“We don’t want to presuppose which development, which company is going to be permitted or held back. That’s not our role in this process. Our role is overall to be a player and a party to establishing what we feel is responsible development within this traditional territory,” she said.