Author: Drew Yewchuk Page 1 of 20

B.A. (UAlberta) J.D. (UCalgary) LLM (U.B.C.) Drew was a full-time staff lawyer with the University of Calgary's Public Interest Law Clinic from 2018-2022. He is now an PhD student at the Peter A. Allard School of Law. His research focuses on administrative secrecy, access to information law, species at risk, resource law, and environmental liabilities.

The Information Commissioner’s Report on the Government of Alberta’s War on the Public’s Right to Access Information

By Drew Yewchuk

On May 30, 2025

In Access to Information, Privacy

By: Drew Yewchuk

Matter Commented On: OIPC Investigation Report F2025-IR-01, Investigation into the Government of Alberta’s practices respecting access to information

PDF Version: The Information Commissioner’s Report on the Government of Alberta’s War on the Public’s Right to Access Information

On 8 May 2025, Alberta’s Information Commissioner (Commissioner) posted Investigation Report 2025-01 (Report 2025-01). Report 2025-01 is unlike typical Office of the Information and Privacy Commissioner (OIPC) orders that make decisions about particular records requests under the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). Instead, Report 2025-01 relates to how the 27 government departments that make up the Government of Alberta were handling records requests in general. Report 2025-01 concludes that the Alberta government had been applying incorrect interpretations of three sections of FOIP to improperly reject records requests (at 3).

The Questioning of Former Minister Savage: Was the Stay Denied with Conditions or Granted with Conditions?

By Drew Yewchuk

On April 3, 2025

In Energy

By: Drew Yewchuk

Case Commented On: Cabin Ridge Project Limited v Alberta, 2025 ABCA 109 (CanLII)

PDF Version: The Questioning of Former Minister Savage: Was the Stay Denied with Conditions or Granted with Conditions?

This post relates to the same coal corporation lawsuits I discussed in a February 2025 post: ‘The Public and The Coal Corporations Want to Know: What Was Government Thinking While Messing With Coal Policy?’. In short, there are two lawsuits in which six coal corporations are suing the government of Alberta alleging that regulatory changes removed all reasonable uses of their coal leases. In Cabin Ridge Project Limited v Alberta, 2025 ABCA 53 (CanLII) the Court of Appeal ruled former Minister Savage must attend to be questioned by the coal corporations about the Alberta government’s policy changes, and questioning was set for March 26^th, 2025.The Alberta government has applied for leave to appeal that decision to the Supreme Court, but the Supreme Court has not yet decided Alberta’s leave application.

Beyond the Pale: The February 2025 Updates to the Mine Financial Security Program

By Drew Yewchuk

On March 19, 2025

In Administrative Law, Natural Resources

By: Drew Yewchuk and Martin Olszynski

Documents Commented on: Mine Financial Security Program Standard [December 2025], AER Manual 024: Guide to the Mine Financial Security Program [February 25, 2025].

PDF Version: Beyond the Pale: The February 2025 Updates to the Mine Financial Security Program

AER Bulletin 2025-06 was posted on February 25, 2025, announcing an updated Manual 024: Guide to the Mine Financial Security Program (MFSP). The new Manual 024 was preceded by two rounds of updates to the MFSP Standard in October 2024 and December 2024. The MFSP Standard sets out the rules for the MFSP and is incorporated by reference into the Conservation and Reclamation Regulation, Alta Reg 115/1993 (s 16.1). The Manual is intended to assist mine owners in their understanding of its various requirements. The changes to the MFSP made by the updates to the Standard and the Manual are not entirely trivial, but they repair only the more blatant and marginal deficiencies with the MFSP; the overall financial unsoundness of the MFSP – and its counterproductive asset to liability approach in particular – has been left intact. The Guide also remains replete with out-dated references that betray a troubling lack of professionalism and due regard for the public and relevant stakeholders, including downstream Indigenous peoples.

The Public and The Coal Corporations Want to Know: What Was Government Thinking While Messing With Coal Policy?

By Drew Yewchuk

On February 25, 2025

In Energy

By: Drew Yewchuk

Case Commented On: Black Eagle Mining Corporation v Alberta, 2025 ABCA 22 (CanLII) and Cabin Ridge Project Limited v Alberta, 2025 ABCA 53 (CanLII)

PDF Version: The Public and The Coal Corporations Want to Know: What Was Government Thinking While Messing With Coal Policy?

Black Eagle Mining Corporation v Alberta, 2025 ABCA 22 (CanLII) (Black Eagle CA) and Cabin Ridge Project Limited v Alberta, 2025 ABCA 53 (CanLII) (Cabin Ridge CA) are decisions of the Alberta Court of Appeal relating to the lawsuits by coal mining corporations claiming compensation on the basis of how they were impacted by the Alberta government’s policy decisions about coal mining in the eastern slopes.

Grading the 2023 AER Liability Management Performance Report

By Drew Yewchuk

On February 10, 2025

In Administrative Law, Energy

By: Drew Yewchuk, Shaun Fluker, and Martin Olszynski

Report Commented On: 2023 AER Liability Management Performance Report

PDF Version: Grading the 2023 AER Liability Management Performance Report

On December 5, 2024 the Alberta Energy Regulator (AER) published the 2023 Liability Management Performance Report (2023 Report). This is the second AER Liability Management Performance Report to the public on progress to reduce Alberta’s massive unfunded closure liability in the conventional (non-oil sands) oil and gas sector. We gave the 2022 Liability Management Performance Report a failing grade here because it offered little in relation to understanding whether industry performance was adequate and almost nothing at all about the AER’s performance. We note with disappointment that the AER has apparently removed the 2022 Report from its website, since historical comparison is also a method of measuring performance. The 2023 Report receives a slight improvement to a D grade because of enhanced data transparency, but the AER continues to offer little in terms of measuring effectiveness and performance in the administration of liability management.