Siksika Nation has applied for a judicial review of the Alberta government's decisio

The Siksika Nation, located in Alberta, Canada, has filed for a judicial review of the provincial government's decision to end the moratorium on coal mining in the eastern slopes of the Rocky Mountains. The moratorium was initially introduced in 2021 in response to public outcry after the government lifted a previous coal mining policy. However, in January 2023, Alberta lifted the moratorium while the new coal policy was still being finalized, prompting the First Nation to take legal action.

The Siksika Nation argues that the Alberta government failed in its duty to consult with them regarding the lifting of the moratorium and the subsequent issuance of coal mining permits. The nation asserts that coal mining activities in the area threaten their Treaty rights and the environment that is essential to their culture and livelihood. They claim that the province's failure to engage with them on this matter violates their constitutional rights and the principles of the duty to consult established by the Supreme Court of Canada.

The nation's application for judicial review highlights the potential impacts of coal mining on their land, water, and traditional practices, emphasizing the importance of maintaining a healthy environment for future generations. It also points out that despite their involvement in the government's consultation process, the recommendations of the committee established in 2021 and their own submissions were seemingly ignored.

This is the second time Siksika Nation has taken legal action against the Alberta government regarding coal mining decisions. The previous challenge was discontinued when the government reinstated the moratorium. However, the current legal action arises from the government's decision to proceed with lifting the moratorium and allowing new coal exploration permits despite the ongoing development of the new policy and without adequate consultation with affected First Nations.

The decision to end the moratorium has also led to a lawsuit by several coal companies, who are seeking a total of $16 billion in damages, claiming that the government's actions constituted an expropriation of their land rights. The Alberta government has since settled with two of these companies, Evolve Power and Atrum Coal, for undisclosed amounts.

The Siksika Nation's Chief, Ouray Crowfoot, expressed disappointment in the government's approach, stating that seeking legal recourse was their only option after repeated attempts to be heard were met with disregard. The outcome of this judicial review could have significant implications for future coal mining projects in the region and the government's obligation to consult with Indigenous communities on resource development matters.