Recognition and Reconciliation: An Alberta Fact or Fiction?

The centre of the Aboriginal people’s livelihood and worldview is their special relationship with the land and its resources. However, increasingly rapid resource development threatens their future relationship with the land and the environment. Despite the Governments of Canada owing both private and public fiduciary duties to Aboriginal people, the devastation of the land continues without their rights and views being fully considered. Nowhere is this more prevalent than in the province of Alberta. While the law regarding the duty to consult has been spoken to by the Supreme Court of Canada and various courts and tribunals outside of Alberta, establishing that the duty exists within Alberta in the natural resource context continues to be a battle. The author examines the law accumulating in surrounding jurisdictions regarding the duty to consult Aboriginal groups in the natural resource context; how the Alberta government, courts and tribunals have responded to the developing law; and what impact this may have on the oil and gas industry. The author infers that the profitability of Alberta’s plentiful resources and the conservativeness of the territory, exemplified most strongly by the government, have thus far prevented recognition of the duty. The law and justice demand more