Engagement with Aboriginal Peoples

Aboriginal Peoples in the Athabasca Region

The Aboriginal peoples of northeastern Alberta have lived in the region for several thousand years. Hunting, fishing, trapping and trading were mainstays of a traditional economy and way of life for these peoples. They developed a special and interdependent relationship with the natural environment which they have relied on for survival since their ancestors’ arrival in about 8,000 BC.

Over the past 200 years, Aboriginal peoples have seen increasing settlement of the region, which impacted their culture and community. An eroding of traditional way of life and culture, social fragmentation and the increased use of illicit substances and alcohol are some of the impacts felt by these communities. Some of the Aboriginal communities that are included in ConocoPhillips Canada’s area of current or future oil sands operations are the Fort McMurray First Nation, Chipewyan Prairie Dene First Nation, Heart Lake First Nation, Conklin, Beaver Lake Cree Nation, Bigstone Cree Nation, Métis Local 193 Conklin, Métis Local 214 Chard, Métis Local 780 Anzac, Fort McKay First Nation and Métis Local 1935 Fort McMurray.

Duty to Consult

Aboriginal peoples are key participants in the oil sands not only because they are nearby and impacted by developments, but because of their distinct status under the Constitution of Canada. The Athabasca oil sands lie beneath traditional Aboriginal lands and there are specific and distinct consultation expectations associated with working with these communities. Recent Supreme Court decisions have reinforced the Crown’s fiduciary responsibility to consult First Nations communities prior to project development. This “duty to consult” is delegated by the Crown to the industry. As a result of these court decisions, the role of industry in the consultation process is currently uncertain and evolving. Ongoing devolution (gradual transfer of control from Federal government to Aboriginal government) and unsettled land claims further complicate this issue. The constitutional definition of an ‘Aboriginal’ includes First Nations, Inuit and Métis peoples of Canada.

Learn more on Stakeholder Engagement and Aboriginal Peoples

• Canada-wide
• Western Canada Gas
• Arctic

In June 2008, the Chipewyan Prairie Dene First Nation filed legal action against the Alberta Government alleging a breach of Alberta’s constitutional duty to consult with the First Nation on a peer company’s oil sands project. The judicial review application seeks a ruling that will require the province to hold meaningful consultation with this First Nation about the granting of oil sands leases in traditional territory. The case also asks for, through consultation with this First Nation, regional land-use planning and cumulative impact assessments. This could have implications for both First Nations and oil sands resource developers.