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Cold Lake First Nations Seeks Court Review of Pacific Link Pipeline’s “National Interest” Designation
By Drooid · · How we work
Judicial Review Over Pacific Link Pipeline
Cold Lake First Nations filed an application for judicial review in Federal Court on Thursday, challenging the federal government’s decision to designate the Pacific Link pipeline as a project of national interest. The First Nation asks the court to quash the designation and to declare that Canada must consult with the community before the pipeline proceeds. The designation, announced by Prime Minister Mark Carney and Alberta Premier Danielle Smith, is intended to accelerate reviews so construction can begin next September.
Background: Fast-Track Designation and Consultation Timeline
The designation was made under the Building Canada Act, which streamlines the approval process but does not remove the legal requirement to consult affected Indigenous peoples. Indigenous groups along the route were given only two months for consultations—a period that was extended from an originally planned one month after leaders raised concerns about the tight timeline. A federal summary of those consultations notes that Indigenous groups complained of insufficient information, which hampered their ability to assess the project’s impact. The Assembly of First Nations reported “many red flags” in the national-interest designation, suggesting the government was predetermining outcomes.
Official Statements & Responses
- Mark Carney pledged that his major-projects agenda would not interfere with Canada’s obligations under the United Nations Declaration on the Rights of Indigenous Peoples.
- Danielle Smith stated that the Pacific Link pipeline and the related Pathways carbon-capture and storage project are interdependent, asserting that one cannot proceed without the other.
- The Assembly of First Nations highlighted the lack of meaningful consultation and warned that the designation could violate Indigenous rights.
Verbatim Quote
“We trusted them before, and now we’re expected to trust them again?” — Kelsey Jacko, chief
Implications for Treaty Rights and the Pathways Project
The court filing argues that the national-interest designation would effectively pre-approve the Pathways Project without meaningful consultation, breaching Treaty 6 obligations and the Crown’s honour. Cold Lake First Nations contends that increased oilsands production threatens the ability of its members to maintain their traditional way of life, as promised by Treaty 6, and cites historic sacrifices made for Canada’s “national interest.” The outcome of the judicial review could shape how future major-project designations are handled across Canada.