First Nation loses bid to take Shell oilsands battle to Supreme Court

University of Calgary aboriginal law expert Ni-gel Bankes, who is also the university's chair of Natural Resources Law, has said the government's policy of simply posting lease sales online and not going to First Nations directly doesn't stand up to scrutiny.

"I'd say the province isn't doing a good job," Bankes said when an Alberta court quashed the First Nation's initial appeal last year.

"Particularly when it comes to granting oilsands rights, be-cause they basically say, 'We can fulfil our duty simply by posting stuff on our website.' I don't think that's real consultation."

"The decision at trial was essentially that the First Nation missed the deadline for commencing its judicial re-view," Bankes said. "I am suggesting that that's incorrect, and that time should start to run . . . when the First Nation gets actual notice from the Crown."

Before and After Tarsands Development

For more details read here.