The Alberta government is failing in its constitutional duty to properly notify First Nations of oilsands leases on their traditional lands -a practice that could lead to a Supreme Court challenge, says a University of Calgary aboriginal law expert.
Nigel Bankes, who is also the university's chair of Natural Resources Law, said the government's policy of simply posting lease sales online and not going to First Nations directly doesn't stand up to scrutiny.
"I'd say the province isn't doing a good job," Bankes said. "Particularly when it comes to granting oilsands rights, because they basically say, 'We can fulfil our duty simply by posting stuff on our website.' I don't think that's real consultation."
The issue is a part of a number of cases being brought to Alberta's courts by Athabasca River aboriginal communities who are fighting the pace of oilsands development.