Judge Dismisses First Nation's Challenge Against Alberta Oilsands Cleanup Program
An Alberta judge has dismissed an application for a judicial review of the province's Mine Financial Security Program (MFSP), which ensures oilsands and coal mine operators have enough money to clean up their operations. The Athabasca Chipewyan First Nation (ACFN) had argued that the program was poorly run, understated operators' liabilities, and did not consider changes in global oil markets.
The ACFN claimed its concerns were not reflected or considered when the MFSP was reissued in October 2024. However, Justice Shannon Davis of the Court of King's Bench of Alberta ruled that the First Nation had failed to serve legal notice to all parties within the required six-month window.
Davis agreed with Canadian Natural Resources, Suncor Energy, and Imperial Oil that they should have been served because they would be directly affected by any changes to the program. The court also stated that the six-month time limit to file and serve an originating application cannot be extended or varied.