Comments on: What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development in Alberta? http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/ Thu, 17 May 2012 17:36:21 +0000 http://wordpress.org/?v=2.3.3 By: ABlawg.ca » Blog Archive » Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal? http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-63353 ABlawg.ca » Blog Archive » Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal? Wed, 03 Jun 2009 18:32:46 +0000 http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-63353 [...] The Kelly appeal began with an application to the Court of Appeal for leave to appeal a decision of the Alberta Energy and Utilities Board (now the Energy Resources Conservation Board) which had approved two proposed sour oil wells to be drilled by West Energy Ltd. (West). The leave application was brought collectively by 26 landowners who were concerned about adverse impacts from the proposed wells. Mr. Justice Berger granted the leave application on two grounds, including one based on a possible infringement of section 7 of the Canadian Charter of Rights and Freedoms (see my post “What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development...). [...] […] The Kelly appeal began with an application to the Court of Appeal for leave to appeal a decision of the Alberta Energy and Utilities Board (now the Energy Resources Conservation Board) which had approved two proposed sour oil wells to be drilled by West Energy Ltd. (West). The leave application was brought collectively by 26 landowners who were concerned about adverse impacts from the proposed wells. Mr. Justice Berger granted the leave application on two grounds, including one based on a possible infringement of section 7 of the Canadian Charter of Rights and Freedoms (see my post “What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development…). […]

]]> By: ABlawg.ca » Blog Archive » An Important Development in the Kelly Appeal http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-37866 ABlawg.ca » Blog Archive » An Important Development in the Kelly Appeal Sun, 28 Dec 2008 18:26:07 +0000 http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-37866 [...] of Alberta’s Energy and Utilities Board (now the Energy Resources Conservation Board). See “What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development.... The grounds for leave in the Kelly appeal indicated that the Court of Appeal might have to address [...] […] of Alberta’s Energy and Utilities Board (now the Energy Resources Conservation Board). See “What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development…. The grounds for leave in the Kelly appeal indicated that the Court of Appeal might have to address […]

]]> By: Nickie Vlavianos http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-6 Nickie Vlavianos Thu, 13 Mar 2008 23:11:38 +0000 http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-6 Hi Jeff, Thanks for your comment. Stay tuned for a blog on the ERCB's Highpine Decision coming soon. Nickie Hi Jeff,

Thanks for your comment. Stay tuned for a blog on the ERCB’s Highpine Decision coming soon.

Nickie

]]> By: Jeff Bone http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-3 Jeff Bone Mon, 10 Mar 2008 19:33:07 +0000 http://ablawg.ca/2008/03/04/what-does-the-canadian-charter-of-rights-and-freedoms-have-to-do-with-oil-and-gas-development-in-alberta/#comment-3 Have you had a chance to review decision 2008-018 (Highpine Oil & Gas Limited, Applications for Well Licences, Pembina Field) released on March 6th? It is very similar to 2007-061, except concerns a different oil company behind the well application. If so, do you feel that the Board exercised their authority appropriately in determining the constitutional aspects of RRCC argument? Or was the Board's analysis of the constitutional issues only a cursory overview that did not get to the merits of RRCC case? I am asking because I was not convinced of the validity of the Board decision or the reasons of the Attorney Generals office concerning the constitutional issues. However, I suspect the ABCA decision regarding 2007-061 will resolve many of the issues this case presents. Have you had a chance to review decision 2008-018 (Highpine Oil & Gas Limited, Applications for Well Licences, Pembina Field) released on March 6th? It is very similar to 2007-061, except concerns a different oil company behind the well application.
If so, do you feel that the Board exercised their authority appropriately in determining the constitutional aspects of RRCC argument? Or was the Board’s analysis of the constitutional issues only a cursory overview that did not get to the merits of RRCC case?
I am asking because I was not convinced of the validity of the Board decision or the reasons of the Attorney Generals office concerning the constitutional issues. However, I suspect the ABCA decision regarding 2007-061 will resolve many of the issues this case presents.

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