EDMONTON, AB, Feb. 19, 2026 /CNW/ - Five Alberta First Nations (Whitefish Lake First Nation #128, Frog Lake Cree Nation, Beaver Lake Cree Nation, Onion Lake Cree Nation, and Kehewin Cree Nation) have brought court cases challenging Canada's decision to support and advance the Pathways Carbon Capture and Sequestration Project.

If approved, the project would be the biggest carbon capture and storage facility in Canada, and potentially the world. Millions of tonnes of carbon from Alberta's oil sands will be transported via pipeline 400 km south into the First Nations' territory and injected underground where it would, in theory, stay forever.

Each of the First Nations' reserve lands and traditional territory are within or adjacent to the proposed carbon storage area. The Nations have tried to engage with Canada on Pathways since 2023 to ensure that the risks of carbon storage in such close proximity to their communities are thoroughly studied and understood. Those efforts have been ignored. In 2024, the Nations requested a federal environmental review of the project. Instead of responding, Canada has indefinitely suspended the federal process.

"Pathways wants to inject and store carbon under our lands forever. We don't know what it will do to our reserve lands, or the waters, plants, and wildlife on our traditional lands. We also don't know what kind of health and safety risks this project poses. We have been asking to work with Canada to understand the impacts of this project for close to three years now, but we've been ignored. For Canada to now go ahead and sign a deal with Alberta – that is no way to treat their Treaty partners," said Whitefish Lake First Nation #128 Chief Herb Jackson.

The legal challenge is specifically focused on the Memorandum of Understanding signed by Prime Minister Carney and Premier Smith at the end of November. The MOU sets out concrete steps for moving the Pathways project forward. It also ties the Pathways project to the proposed bitumen export pipeline that Alberta is proposing to reach the British Columbia coast and makes the two projects mutually dependent.

"Treaty 6 is a living agreement that requires the protection of our lands and waters for future generations," said Chief Pete Chief of Onion Lake Cree Nation. "Decisions to inject and store carbon in our territory cannot be made by governments behind closed doors and without our consent. If our Treaty is not respected, we will defend it in court," he continued.

"You would never see the world's largest carbon storage project placed beneath a major city without full debate and clear consent", said Chief Vernon Watchmaker of Kehewin Cree Nation. "Yet something of this scale is being advanced within our Treaty territory under the unfinished business of the 1930 Natural Resources Transfer Agreement. We never ceded or surrendered our lands – our consent is fundamental," said Watchmaker.

"We want to be clear – Frog Lake supports responsible economic development and we do not necessarily oppose this project. But it needs to be done in partnership with us – not behind our backs and without our consent," said Chief Greg Desjarlais of Frog Lake Cree Nation.

No date has been set for the hearing of the case.

SOURCE JFK Law LLP