“I think there is an uprising in the making.” – Grand Chief Arthur Noskey
By Susan V Thompson, special for Energi Media
A dispute between the Woodland Cree First Nation (WCFN) and Obsidian Energy (TSE: OBE) (NYSE: OBE) over new development in the Peace Oil Sands continues to escalate. The Chiefs of Treaty 8 have made it clear they are not backing down – despite Obsidian’s legal threats.
In what felt like a historic moment, the Chiefs of 15 different Treaty 8 First Nations from across western Canada met Thursday in the same room where negotiations between WCFN leadership and Obsidian CEO Stephan Loukas fell apart earlier in the week.
After the WCFN leadership stormed out of the room during the latest attempt at negotiations May 13, Obsidian filed an application in a Calgary court demanding WCFN Chief Isaac Laboucan-Avirom and members of council be arrested for contempt of court and jailed. Obsidian says the WCFN are in breach of a resolution agreement dated February 23, 2024 between Obsidian and WCFN, when WCFN agreed not to restrict access to any of Obsidian’s work sites in exchange for being able to monitor those sites from camps.
When Chief Laboucan-Avirom was served the Consent Injunction ordering WCFN to remove what Obsidian considers a blockade, the Chief burned it in front of the bailiff and RCMP, saying he was filing it “with the Great Spirit.”
In a press release issued May 15, Obsidian CEO Stephen Loukas says, “it is currently difficult to see a clear path to a negotiated resolution of our commercial dispute with the WCFN. We reserve the right to pursue all legal means to restore the lawful operation of our HVS field, and may, without further notice, commence civil litigation against the WCFN and related parties for damages, including but not limited to all foregone revenue on shut-in production.”
It’s not the first time Obsidian has used court injunctions to clear blockades of their work sites. In 2014, Obsidian (then named Penn West Petroleum) obtained a 6 month injunction and had a blockade by the Lubicon Lake Band removed.
“Obsidian is changing the dynamics of industry, within our backyard and others,” says Chief Laboucan-Avirom. “There’s lots of good work to be done, but this is an example of how industry flips the narrative. There is also a lot of respectful industry out there. This is one bad actor, giving them all a bad name.”
“I wonder what the shareholders think of their CEO’s attitude and corporate ethics? You know there’s no respect there. There’s no intent to be respectful either. Why did it have to get this far? Woodland Cree is not going to tolerate corporate bullies, and I don’t recommend any nation tolerate corporate bullies.”
Chief Laboucan-Avirom also addressed accusations the WCFN are acting out of greed.
“Treaty is nation to nation. We’re a country within a country. And then people ask about our greed? Well I think it’s actually the other way around. People don’t want to see us lift ourselves up,” Chief Laboucan-Avirom says.
“I’m not looking for a handout. I’m looking to just provide and to protect our own people, with our own ways and our own rights. We want to be part of the workforce. We want to develop mega projects. We want to be owners of the resources. And you’re darn rights it is about money. My people shouldn’t be living in poverty.”
“The Chiefs that are around this table are the economic engine of this country. Our resources supply the world with some of our trees, our oil and gas. We can set a world class example of doing things right. And we need that opportunity… that collaboration with industry, government and communities.”
“Our kids need a brighter future. Seven out of ten of us are going to die sooner than Canada’s population. Seven out of ten of our kids are in Child and Family Services issues. That’s because of our poverty. So how is this greed? It’s actually the other way around, where a greedy American company wants to come dictate on our land. I don’t think so.”
Chief Laboucan-Avirom says WCFN will continue to camp on the Obsidian oil lease road in the South Harmon Valley oil field until the dispute gets resolved. He says the WCFN leadership is prepared to camp, “As long as the sun shines, the rivers flow, and the grass grows.”
But he also says WCFN still wants to come back to the table to seek that resolution.
“We want to start off with a clean slate.”
The Chiefs of Treaty 8 are united in their call to Obsidian to drop the court injunction against the Woodland Cree and their local joint venture partners in the Peace Oil Sands, oilfield contractors who have also been standing with WCFN at their traditional camp by parking heavy equipment. The Chiefs emphasize that what they view as an attack on the treaty rights of one First Nation is an attack on them all, especially if the Obsidian dispute leads to arrests.
“When it comes to jailing our Chiefs, I think you will see a lot of Chiefs…in jail,” says Grand Chief Arthur Noskey, who adds it may almost be time to call for that support. “I think there is an uprising in the making.”
“When we’re camping out on the land it’s not a blockade. It’s exercising our rights and our inherent rights to the land, ” says Horse Lake First Nation Chief Ramona Horseman. “There’s rules and regulations in our treaties that state there shall be no locks on any gate for the First Nations people, and there’s a lot of locks out there that [we] should just go cut because there’s not supposed to be any gates out there to prevent us from exercising our inherent rights.”
“It’s pretty simple from our end,” says Driftpile Cree Nation Chief Dwayne Laboucan, “If you’re going to come and make a livelihood from our lands, we must too. That’s our message to oil and gas: you’re not going to come in here and start bullying us. We’re here to stay and we’re ready to fight.”
Environmental concerns were also briefly highlighted. The WCFN has asked Obsidian to address their concerns about potential seismic events, after the AER ruled Obsidian was responsible for several large earthquakes. Obsidian is currently appealing that ruling.
But the assembled Chiefs also say the problem is bigger than one company, and this new dispute is part of a long-standing issue with the Government of Alberta’s consultation process. They say AER and ACO are actually standing in the way of proper consultation with Treaty 8 nations.
“Remove ACO Aboriginal Consultation Office, AER Alberta Energy Regulator, and the Red Tape Ministry, because these agencies and ministries do not honour the Supreme Court ruling, the duty to consult,” says Treaty 8 Grand Chief Arthur Noskey.
“Premier Danielle Smith and cabinet, we call upon you to meet with Woodland Cree First Nation leadership and Treaty 8 Chiefs to establish a table for revenue sharing talks with the province. It is important that the public and industry know that Alberta government’s First Nations consultation policy is their own policy. We are the sovereign nations with our own consultation processes and laws.”
The assembled Chiefs signed a declaration of a constitutional shield at the meeting, echoing the original signing of Treaty 8 almost 125 years ago. Treaty 8 is not a surrender treaty, meaning the land was never ceded to the Crown.
The declaration reads in part, “We assert this constitutional shield outlines our commitment to work together on behalf of our peoples and our future generations, which includes our Inherent Rights and Relationships to our territories – To protect, preserve, maintain, and prosper.”
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