Elsipogtog First Nation demands pause on construction of Tantramar gas plant

Chief and Council cite environmental and legal concerns

In a public statement on Sept. 2, Elsipogtog First Nation demanded that all preparatory work for the proposed Tantramar gas plant be stopped until the United States-based builder, ProEnergy, properly consults First Nations in the area to achieve what Elsipogtog calls “reasonable accommodation.”  

Elsipogtog said it was not consulted early enough to impact the plant’s final location, and that New Brunswick Premier Susan Holt approved the project before consultation with Elsipogtog was complete. Elsipogtog cited several issues with the proposed plant, including environmental impact and encroachment on traditional First Nations land. Elsipogtog said in its statement on the project that consultation between ProEnergy, the Crown, and the First Nation remains unfinished. “A Mi’kmaq Land Use Study is still being completed, and meaningful accommodation for impacts on our rights and interests has not been agreed on,” Elsipogtog said.

 

Sacha DeWolfe, a faculty member in Mt.A’s department of Critical Canadian and Indigenous Studies, told The Argosy in an interview that “the Supreme Court of Canada has established that when the Crown knows, or should know, that Aboriginal or treaty rights may exist and is considering conduct that could adversely affect those rights, a duty to consult can arise.” 

While the Crown and ProEnergy have consulted First Nations, the adequacy of that consultation has been put into question. “Consultation is supposed to happen early enough that Indigenous concerns can meaningfully influence the decision. If consultation happens after the important decisions are effectively locked in, the question becomes whether the Crown has actually fulfilled the purpose of that duty,” DeWolfe said. 

 

Elsipogtog said in its statement that “the location was selected before Elsipogtog could meaningfully influence the decision.” Elsipogtog added, “the province approved the proposed 500 MW gas-fired power project near Tantramar on Aug. 28, 2026, even though consultation with Elsipogtog is not complete.” 

In response, DeWolfe said that in addition to the duty to consult First Nations on such projects, the Crown has a responsibility to accommodate the rights of affected First Nations where necessary. If the project has already been approved, it calls into question whether the Crown and ProEnergy are violating the First Nations’ constitutional rights to consultation and accommodation. 

A key element of the debate about the gas plant project is the location. Elsipogtog raised concerns that the plant could produce “significant operational noise, emissions and disturbance near critical moose habitat, a migratory corridor, and a documented family trapline and camping area.” 

Consequently, DeWolfe said that “this is an area where Indigenous knowledge can be really important. First Nations have longstanding relationships with these lands and can have knowledge about wildlife movement and seasonal patterns that may not show up in a short-term environmental study.” 

 

Elsipogtog is urging the province and ProEnergy to pause all construction and preparation until their constitutional rights are respected and the parties can strike a reasonable deal. Elsipogtog said it “is not opposed to responsible development. Our concern is whether consultation is meaningful and whether Mi’kmaq rights, knowledge, and decision-making are respected from the beginning.” Elsipogtog noted they “remain willing to work toward solutions, but respect for our rights requires more than being informed after decisions have already been made.” DeWolfe said that, for us to change the relationship between Indigenous peoples and the Crown for the better, “Indigenous participation [must] actually affect what happens on the land.”