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The Nations of the North Peace – Beaver First Nation, Dene Tha' First Nation, Little Red River Cree Nation and Tallcree Tribal Government – have launched a judicial review of Alberta's decision to approve Stage 3 of the Mackenzie County Crown near High Level (the "Stage 3 Decision"). This decision would convert roughly 15,330 acres of Crown land into privately held agricultural parcels.
The Nations argue that these lands form part of their cultural heartland – territory that is central to their ability to hunt, fish, trap and exercise their way of life- and that Alberta's actions continue a long pattern of alienating Treaty 8 lands without consultation, transparency or regard for cumulative effects.
The judicial review is not about a single parcel alone, it is about confronting decades of Crown land alienation in the Lower Peace region and insisting that decision-makers recognize cumulative impacts, respect transparency and honour Treaty promises.
How We Got Here
In 1997, Alberta committed to transferring approximately 136,000 acres of public land to Mackenzie County to offset a previous decision that had converted lands for timber supply. This commitment set in motion a decades-long process of Crown land disposals across the Nations' territories.
Between 2011 and 2016, Alberta completed Stages 1 and 2 of these land sales, transferring roughly 126,670 acres to private ownership. These earlier transfers occurred with minimal consultation, despite repeated concerns from the Nations that such alienations were eroding their ability to exercise Treaty 8 rights.
By 2024, Alberta has identified the remaining 15,330 acres required to fulfill its 1997 commitment. These lands, located near High Level, became the focus of Stage 3. On January 27, 2025, Alberta advised the Nations that consultation was complete and deemed adequate. On April 25, 2025, the Nations, through legal counsel, responded that consultation had been inadequate, calling on Alberta to halt the decision and enter discussions on cumulative effects and territorial land-use planning. Alberta declined, and on May 1, 2025, confirmed that it considered the file closed.
Throughout this period, Alberta has not completed a regional land use plan for the Lower Peace Region, despite committing to do so under its 2008 Land Use Framework. As a result, the Stage 3 sale was approved in the absence of any regional planning process to evaluate ecological limits, cultural values or cumulative effects.
Legal Issues and Grounds
The application alleges Alberta breached the honour of the Crown by failing to meet its duty to consult and accommodate, in particular:
- Depth of Consultation Required: As the Stage 3 Decision has serious and lasting consequences for lands essential to Treaty rights – and given the already diminished land base – Alberta owed consultation at the deep end of the consultation spectrum. That requires meaningful dialogue, reasonable accommodation, adequate funding for participation, and written reasons demonstrating that Indigenous input shaped the decision.
- Cumulative Impacts Overlooked: Alberta improperly restricted consultation to site-specific parcels, ignoring the broader environmental and cultural context – including wildfire, drought, habitat loss, and decades of industrial development – that together undermine the Nations' ability to meaningfully exercise their rights.
- Predetermined Outcome: Alberta entered the process with a fixed political commitment to transfer 136,000 acres to Mackenzie County. The Stage 3 lands identified in 2025 mirrored the 2013 plan, leaving little room for the Nations' concerns to influence outcomes.
- Minimizing Treaty Rights: Alberta prioritized agricultural expansion and municipal growth over the practical ability of the Nations to hunt, trap and gather. The decision disregarded food-security implications and ongoing cultural connection to the Nations maintained with these lands.
- Failure to Uphold Land-Use Obligations: Alberta failed to meet its own Land Use Framework commitment to implement regional land-use plans before major land transfers. Proceeding without such planning compounds past harms and weakens cumulative-effects management.
- Insufficient Capacity Funding: The Nations were not provided with the resources necessary to fully assess, respond to, and propose alternatives to the Stage 3 Decision. This lack of support undermined the constitutional requirement for meaningful consultation.
As Alberta's consultation was too narrow, lacked consideration of cumulative effects, and proceeded under a predetermined agenda, the Nations argue that the Stage 3 Decision si unreasonable and unconstitutional and must be set aside.
Why This Matters
This case is about more than one land sale – it raises fundamental questions about how governments respect and uphold Treaty 8 rights in the face of decades of cumulative land loss. For the Nations of the North Peace, the Stage 3 decision represents another step in a long pattern of Crown land alienation that has left little accessible territory for hunting, trapping, gathering and exercise their way of life.
At stake is whether governments must meaningfully assess the cumulative effects of successive land transfers and industrial development before approving further disposals of Crown land. A successful outcome could strengthen the law on the duty to consult by confirming that consultation must address the broader context of the environmental and cultural impacts, not just isolated parcels.
Ultimately, this case challenges Alberta to ensure that decisions about public lands are made transparently, accountably and in a way that gives real effect to the honour of the Crown and the promises embedded in Treaty 8.
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