Alberta’s COP Out: Imperial Oil Disaster and the AER’s Complacency of Harm to Indigenous Peoples
Aerial photograph from Kearl tarsands site. Photo: Danielle Paradis/APTN
Imperial Oil Ltd. came under fire this past spring when Athabasca Chipewyan First Nation raised the alarm about noticing a toxic drainage into their home waters. Subsequently, it was found that the AER had noticed the spill, revealing in their report that the Kearl Oil Sands catchment pond (filled with arsenic and heavy metals) had leaked 5.3 million liters of toxic waste into the surrounding ecosystem and water supply—failing to alert impacted downstream Indigenous communities for over 9 months.
“To me, it is just a nightmare beginning all over again”
Now once again, the Kearl Oil Sands facility is under scrutiny for a recent “release of water”, reported on October 9, 2023, where an estimated over 670,000 litres of water from a settling pond poured into the Muskeg River. This is the third incident from Imperial Oil in under 18 months involving just the Kearl Oil Sands site alone.
“To me, it is just a nightmare beginning all over again,” said Athabasca Fort Chipewyan First Nation Chief Allan Adam during an interview with APTN News.
Responding to the increasing public pressure, a federal Standing Committee is summoning the president and CEO of the Alberta Energy Regulator (AER), Laurie Pushor, on Tuesday, November 28 at 11 AM (EST) to testify in the wake of three incidents at the Imperial Oil Ltd’s Kearl Oil Sands facility over the last year.
Why It Matters: Indigenous Health, Safety and Rights
Tailings “ponds” violate Indigenous nations’ inherent and treaty rights, including those of harvesting foods and medicine from their territories and practicing land-based ceremonies, due to the ongoing contamination of lands, water, air, animals, and plants.
This injustice is not new and grossly ongoing. The risks and ongoing harm to the land, waters and surrounding Indigenous communities is well known to both the AER and the Alberta government. The cumulative effects of the PAH chemicals and the increases in cancers and disease within all the living beings who live downstream has been well documented in the various reports, documentaries and news stories. Despite clear evidence that the world needs to move away from fossil fuels, the colonial governments are continuing to push for the expansion of and creation of more tar sands projects.
“These impacts are felt immensely in downstream Indigenous communities and continues to perpetuate the ongoing genocide of Indigenous peoples and yet it’s become common for Indigenous communities to be the last to be informed.”
Bringing Impacted Community Voices to COP28
Athabasca Chipewyan First Nation (ACFN) will be sending a delegation of five people to COP28 (28th Conference of the Parties) in Dubai to raise the alarm of issues happening within their traditional territory, using the UNFCCC’s COP28 (United Nations Framework Convention on Climate Change) as a platform to advocate for meaningful protection of Indigenous rights. The struggles of Indigenous Peoples globally are deeply intersecting in our collective fight to protect our rights and duty to Mother Earth. The ACFN delegation hopes to connect and learn from communities who have been part of these international negotiations before, and come away with a better understanding of a pathway forward for Indigenous-ed climate change solutions.
Timeline: What’s happened
In April, Imperial Oil and the Alberta Energy Regulator appeared in front of the ENVI committee to answer questions about the Imperial Oil disaster.
“Spills, leaks and overflows are considered acceptable and normal within the Canadian colonial system. Standard “business as usual” holds no consequences for industry. It’s the land, waterways and the people that are expected to shoulder the consequences for them.”
Earlier this year in May, Indigenous Climate Action, Keepers of the Water, and Environmental Defence, alongside over a dozen other Indigenous and environmental organizations, sent a letter calling on both provincial and federal governments to step up and use their jurisdictional powers and take action to mitigate further harm from the leaks and prevent future disasters from occurring. The letter also demands that Free, Prior and Informed Consent (FPIC) of the impacted Indigenous nations must be obtained before industry and regulators take mitigative actions, and that impacted Indigenous nations are given access to all available environmental monitoring data.
In September, the AER released a third-party report which investigated the Imperial Oil Ltd Kearl Oil Sands tailings spill. The report claimed the company did not breach any regulatory policies or procedures, that Imperial was not at fault, and minimal action from them would be required. This completely neglected calls to action from Indigenous communities and Environmental groups, failed to hold Imperial accountable, and ignored recommendations shared by Indigenous nations—reducing their input to stakeholder and non-rights holder suggestions and commentary.
Today the president and CEO of the Alberta Energy Regulator (AER), Laurie Pushor, is appearing November 28 at 11 AM (PST), in front of the Standing Committee. Watch the hearing meeting here.
Where We Go from Here
ICA stands in solidarity with the Dënesuliné, Nehiyaw and Métis communities continuing to be affected, and demand that Imperial Oil and the AER take accountability for hiding and minimizing the Kearl Oil Sands disaster. The actions by the AER continue to undermine the Rights of Indigenous Peoples—threatening sovereignty and self-determination—and pave the way for weakened tailings management policies and more harm in the future.
Call to Action
We’re calling out followers, allies, and relatives to show up to support Indigenous communities impacted, and demand action by:
Signing the letter to demand both the federal and the Alberta government to hold industry, including Imperial Oil, accountable.
Amplifying Indigenous and Environmental groups Calls to Action for the Federal Government.
Learn more about Fossil Fuel Divestment, and alternatives to fossil fuel financing.
Learn More about the Tailing Ponds, and their ongoing harm on Indigenous communities:
