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Chief Adam warns Alberta: First Nations will fight treat-and-release mining permits in court for 20 years

Athabasca Chipewyan First Nation chief says if Alberta approves Suncor's plan to release oilsands wastewater into the Athabasca River, the legal battle begins immediately.

· 3 min read · HOC Edmonton Desk
Chief Adam warns Alberta: First Nations will fight treat-and-release mining permits in court for 20 years
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Chief Allan Adam of the Athabasca Chipewyan First Nation (ACFN) is prepared to launch a 20-year legal battle with Alberta if the province grants permits for oilsands mining wastewater to be treated and released into the Athabasca watershed.

The confrontation emerged after Suncor Energy held a two-day engagement session in Fort Chipewyan this week at Mamawi community hall that turned into a protest rally. Residents and community members gathered with placards reading "Fort Chip is not a sacrifice zone" and chanted "no to toxic tailings." Suncor's mobile information display showcased simulators and materials explaining the company's proposed treat-and-release plans for the next four years.

"We are not in favour of it," Chief Adam said to Postmedia. "There's no way in hell that (First Nations) are going to let this happen. If the province grants permits to treat and release, we'll be tied up in court for the next 20 years if need be."

Chief Adam argued that downstream First Nations communities—already experiencing what he described as "a new one every week" of cancer cases—will be the first to suffer adverse effects. The river serves as a vital water source for cooking, showers, and coffee for residents. He stated downstream First Nations are completely opposed to oilsands companies treating and releasing mine water into the river.

Historically, oil sands process-affected water (OSPW) has been retained in tailing ponds rather than released directly to rivers. Regulatory frameworks developed recently now allow potential release of treated water through approved outfalls, subject to extensive monitoring and approvals. Currently, 1.4 billion cubic meters of fluid tailings exist in the system.

The Athabasca River runs approximately 1,230 kilometres from the Rocky Mountains in Jasper National Park to Lake Athabasca, serving hundreds of thousands of Indigenous people across northern Alberta, including the Mikisew Cree First Nation. The river is vital for hunting, transportation, cultural practices, and exercise of Treaty rights.

Premier Danielle Smith said treat-and-release programs ultimately fall within federal jurisdiction. "The treat and release approach has always been in the oilsands' leases, it's the federal government that has to figure out the mechanism for doing them," she said.

What we asked

What federal approvals must Suncor obtain before any release can proceed?

What monitoring and thresholds would apply to released wastewater under the proposed framework?

We'll update this story as answers emerge.

The facts

What did Chief Allan Adam say First Nations would do if Alberta approves treat-and-release permits?

Chief Adam said First Nations would launch a legal battle lasting up to 20 years if the province grants permits for oilsands mining wastewater to be treated and released into the Athabasca watershed.

How long is the Athabasca River?

The Athabasca River runs approximately 1,230 kilometres from the Rocky Mountains in Jasper National Park to Lake Athabasca.