Grassy Mountain Litigation Update

On October 2, 2025, the Supreme Court of Canada released its decision on whether it would grant Piikani Nation permission to appeal a decision recently issued by the Alberta Court of Appeal (ABCA).

Background for reference

As part of the litigation arising out of the Grassy Mountain project (Project), Piikani Nation applied for judicial review in the Court of King's Bench of Alberta (ABKB) of the decision made by the Joint Review Panel. The Joint Review Panel included the Alberta Energy Regulator (AER).

Piikani Nation did not seek judicial review to have the Project approved. Our concern with the JRP decision (JRP Decision) was that the JRP did not properly consult with Piikani Nation on all aspects of the Project. The AER challenged our judicial review application and asked the ABKB to strike the application for judicial review against it. (We still have a judicial review application against the Aboriginal Consultation Office, which is currently on hold.)

In December 2023, the ABKB decided that the AER was not properly a party to our judicial review application. We appealed that decision to the Alberta Court of Appeal (ABCA). Our appeal was based on three issues:

  • The ABKB had not considered our arguments opposing the AER being released from the judicial review;
  • Decisions made by the AER should not be protected from judicial review, as there is no other avenue to challenge its decisions that involve mixed fact and law; and
  • The ABKB did not properly apply the governing case law.

A majority of the ABCA dismissed our appeal on what we believe to be a technical issue. The majority upheld the ABKB decision that the provisions of the Responsible Energy Development Act (REDA) barred judicial review by the ABKB of the AER's decision. We believe that the majority failed to deal with the actual issues before the ABCA.

However, the Chief Justice dissented. Her dissent is quite lengthy, and we believe undertook the correct analysis of the issues before the ABCA. She decided that:

  • The provisions of REDA cannot bar Piikani Nation's judicial review application because review of the AER's decisions is constitutionally protected; and
  • The appeal should be allowed and returned to the ABKB for a new hearing.

Supreme Court of Canada decision

Although this case arose from the Project, the issues it raises affect many regulatory processes involving First Nations in Alberta. Piikani Nation Chief and Council therefore decided to apply for permission to appeal the ABCA's decision to the Supreme Court of Canada (SCC). This decision was made to protect our Indigenous rights, and not an indication that Piikani Nation wanted the Project to move forward.

On October 2, 2025, the SCC denied permission to appeal.

We are disappointed with this result. However, Council will not be deterred in defending our inherent, constitutional and treaty rights and ensuring our voices shape decisions on our lands. We intend to pursue our judicial review application against the Aboriginal Consultation Office for its failure to properly consult with us. We will provide updates as that litigation unfolds.

Grassy Mountain Project Update

As you may be aware, Northback Holdings Corp. has submitted a revised proposal for the Grassy Mountain Project (Revised Project) to the Alberta Energy Regulator (AER). We understand that the Revised Project addresses many of the issues raised by the AER in its prior decision to reject the original Project. We will provide information about the Revised Project as it becomes available.

The Revised Project has to go through the proper regulatory process, and Northback will be required to undertake further consultation with Piikani Nation. Piikani Nation intends to fully participate in the regulatory process to ensure that our rights are protected and our voices are heard.

Piikani Nation has not made any decisions regarding support for any future activities at the Grassy Mountain site or on Piikani Territory.

We have advised Northback many times that Piikani Nation will carefully review any applications to the AER for project approval, and will continue to exercise our right to participate in the regulatory process.

We will assess the Revised Project on its merits and will carefully weigh the impacts and benefits of the Revised Project. Technical information will be reviewed and assessed by experts retained by Piikani Nation - not by Northback - so that we can obtain an independent opinion.

The regulatory process is a multi-year process. We will provide updates periodically.

Questions regarding this matter may be directed to Corbin Provost, Chief Operations Officer, at corbin.provost@piikanination.comor (403) 965-3940.