Court action, blockade bring attention to flawed consultation procedure

The Dene Suline of the Cold Lake First Nation is taking court action against the provincial government, claiming that “adequate consultation” was not carried out before redevelopment of the English Bay Provincial recreation area was given government go-ahead.

“It’s the old story of third party encroachment, the extension of a provincial campground without consultation with the Cold Lake First Nation,” said Brian Grandbois, one of a number of band members who on May 6 set up camp and signs along the lake at English Bay, 12 kilometres north of Cold Lake.

On May 12, Chief Cecil Janvier and council filed an injunction application to stop development of the recreation area.

Lisanne Lewis, assistant communications director with the province’s Aboriginal Relations, said the government has agreed to temporarily halt construction until the judicial review proceeding dealing with the issue of adequate consultation is heard in court in July.

“Instead of getting too serious with the courts, the government came to an agreement with the First Nation and actually came up with a mutually developed court order,” said Lewis.

The result was an interim injunction issued by Court of Queen’s Bench Justice Don Manderscheid on May 13. Conditions set out by the injunction included temporary cessation of government development of the recreation area and dismantling by the Dene Suline of their camp on-site.

But Grandbois is holding firm and talking about moving logs onto the site and building cabins there.

“We’re not here to rip and tear Mother Earth. We’re here to protect those elements. We’re here to speak for the voiceless ones, the trees, the animals that are here, that are spiritually significant to our way of life,” he said.

Grandbois said there are Elders who can tell stories of fishing camps that the Dene Suline returned to every season along the lake, as well as the practice of gathering berries and herbal medicines. The area also contains grave sites.

“The sensitivity of the spiritual aspects of it cannot work side by side with 5,000 partiers on weekends,” he said.
Lewis, whose department is working as a facilitator between the First Nation and two other government departments (Alberta Justice and Alberta Tourism, Parks, and Recreation), said the government is disappointed with what has occurred.

“Our position is we did more than adequate consultation,” said Lewis.

Lewis said the information recording the consultation procedure undertaken by Alberta Tourism, Parks, and Recreation is being gathered now as the “body of evidence that’s going to be brought forward in the hearing in July.”

The park area was closed in 2006 for expansion but that work was delayed when historical artifacts were found.
Grandbois encouraged other First Nations to stand in solidarity with the Dene Suline, whether supporting the Cold Lake First Nation’s cause or drawing attention to their own.

“As First Nations we’ve been lied to, cheated and coerced,” said Grandbois. “We are calling on all First Nations of like mind to initiate and start sacred fires in their own territories so issues can’t be pushed under the rug.”