The duty to consult is not a paperwork exercise. It is a constitutional obligation — and it has real consequences for the Goldfinch proposal.
Under Section 35 of the Constitution Act, 1982, the Crown has a duty to consult Indigenous peoples when a project may impact Treaty rights. For Wheatland County, considering a 576-acre data centre on the boundary of Treaty 7 lands, this rezoning decision carries legal weight.
The Goldfinch campaign has been reviewing the available documents. Here is what we have found — and what Council should be asking.
What Consultation Should Look Like
Alberta’s Consultation Policy (2013) requires proponents to engage with First Nations through the Alberta Consultation Office (ACO) process. For a development of this scale — significant water use, new infrastructure, 576 acres — the process should begin years before a rezoning vote.
The campaign has found no evidence the ACO process has been initiated for Goldfinch. No referral letters. No traditional land use studies. No consultation records shared with the county.
Traditional land use studies are the primary mechanism for identifying impacts on Treaty rights. For the Goldfinch site — adjacent to Siksika Nation — none has been conducted. This is a fundamental missing piece of information Council needs to make an informed decision.
The Water Connection
In 2023, Siksika Nation completed a Climate Change Impacts on Potable Water study, funded by Alberta and prepared by Kerr Wood Leidal. It identifies groundwater as a known vulnerability. The aquifer system Siksika relies on is under stress, and any additional draw creates measurable risk.
Goldfinch could draw more than 550,000 gallons of water per day from the same regional aquifer. If it draws from the same sources Siksika relies on, that is a potential infringement of Treaty rights to water. Treaty 7 did not extinguish the right to water — and Canadian law has affirmed that groundwater is inseparable from Treaty rights.
The province’s own research has identified the vulnerability. The question is whether the approval process has accounted for it.
What Hasn’t Been Disclosed
The Goldfinch proposal includes power lines, pipelines, and fibre optic cables. These corridors will cross land that may fall within Treaty 7 territory — independently triggering the duty to consult. The campaign is asking the county to disclose the full infrastructure plan before any vote.
Courts Have Halted Projects for Less
Inadequate consultation can stop a project. In the Fort McKay First Nation cases, Alberta courts quashed approvals when consultation was insufficient. Multiple decisions across the province have sent projects back over the Crown’s failure to meet its obligations.
While the province bears the ultimate duty, if a rezoning vote proceeds without any evidence of consultation, the decision is legally vulnerable.
The Missed Opportunity
Across Canada, major projects are embracing economic reconciliation — equity stakes, revenue sharing, employment guarantees. These partnerships make projects stronger, reducing legal risk and building community support.
The campaign has found no evidence Diode has approached any Treaty 7 Nation about partnership. No equity. No revenue sharing. No employment guarantees. That is a missed opportunity for everyone.
What Should Happen Next
- Pause the approvals. No rezoning vote until consultation is complete.
- Consult meaningfully. Initiate the ACO process. Commission land use studies. Engage with Siksika and Treaty 7 Nations before decisions are made.
- Partner genuinely. Explore equity, revenue sharing, and employment guarantees. Build a project with the support of the communities it affects.
This is about doing development right. Wheatland County can set a new standard — where constitutional obligations are met, Indigenous communities are true partners, and the project stands on a foundation that will hold.
The campaign is asking Council to pause and get this right. The community is watching. The law is clear. The path forward is waiting.