Alberta Farm and Ranch Workers: The Last Frontier of Workplace Protection

By: Kay Turner, Gianna Argento, and Heidi Rolfe

PDF Version: Alberta Farm and Ranch Workers: The Last Frontier of Workplace Protection

Legislation Commented On: Occupational Health and Safety Act, RSA 2000, c O-2

Editor’s Note

This is the first in a series of four posts written by students in Law 696: Constitutional Clinical in the winter term of 2014 (supervised by Professor Jennifer Koshan). The students worked with several clients and developed arguments for constitutional challenges to the exclusion of farm workers from labour and employment legislation in Alberta. April 28, 2014 is the 18th Annual International Day of Mourning for workers killed and injured on the job, and the Edmonton and District Labour Council is focusing on the plight of farm workers in their service today (6:00 pm at Grant Notley Park, 11603-100th Avenue). The Calgary & District Labour Council’s is also holding a service today for the Day of Mourning (12:15 pm at the City of Calgary Workers Memorial, Edward Place Park, at the SE corner of City Hall). Accordingly, we launch this series with a post on Alberta’s Occupational Health and Safety Act, which protects worker health and safety (but excludes most farm and ranch workers). Subsequent posts will deal with the exclusion of farm workers from the Employment Standards Code, RSA 2000, c E-9, the Labour Relations Code, RSA 200 c L-1, and the Workers’ Compensation Act, RSA 2000 c W-15.

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The AER’s Peace River Odours and Emissions Report and Response

By: Nigel Bankes

Reports commented on: AER Report of Recommendations on Odours and Emissions in the Peace River Area, March 31, 2014, 2014 ABAER 005; AER Response, April 15, 2014

PDF version: The AER’s Peace River Odours and Emissions Report and Response

For a long time now residents in the Peace River area (Three Creeks, Reno and Seal Lake) have complained about hydrocarbon odours and emissions from oil sands / heavy oil developments in this part of the province. Some residents have complained of health effects and some have found conditions intolerable and have moved off their properties. Pressure to deal with this has grown and the Alberta Energy Regulator (AER) has responded by endorsing a comprehensive set of recommendations designed to:

  • reduce and virtually eliminate all hydrocarbon emissions that contribute to odour events, nuisance, and environmental and potential health impacts for residents of the Peace River area; and
  • increase the conservation of gas resources in the Peace River area. (Response at 11)

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The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction

By: Giorilyn Bruno and Nigel Bankes

Direction commented on: Ministerial Order 141/2013, The Aboriginal Consultation Direction

PDF version: The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction

On November 26, 2013, the Minister of Energy issued Ministerial Order 141/2013, the Aboriginal Consultation Direction. The Direction was issued to ensure that “the AER considers and makes decisions in respect of energy applications in a manner that is consistent with the work of the Government of Alberta” (Direction at 2) in meeting its consultation obligations associated with the existing rights of Aboriginal people. The Direction gives eight specific directions to the Alberta Energy Regulator (AER) and sets up a process on Aboriginal consultation that the AER must follow. This post comments on the content of the Direction, its implications, and identifies some of the issues that are unclear under the current legislation.

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The Past, Present, and Future of CIRL’s “Environment in the Courtroom” Symposia

By: Martin Olszynski and Allan Ingelson

Workshops commented on: Environment in the Courtroom (I): Key Environmental Concepts and the Unique Nature of Environmental Damage; Environment in the Courtroom (II): Environmental Prosecutions; Environment in the Courtroom (III): Sentencing and Environmental Offences

PDF version: The Past, Present, and Future of CIRL’s “Environment in the Courtroom” Symposia

Over the course of the last three years and with the support of Environment Canada (EC), the Canadian Institute for Resources Law (CIRL) has organized a series of symposia intended to strengthen the understanding and application of environmental law in Canadian courtrooms. In this post, we provide a snapshot of what this series has accomplished thus far and, thanks to continued funding and support from EC, the vision going forward as we plan the next three years of symposia.

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Crown Oil Sands Dispositions and the Duty to Consult

By: Nigel Bankes

Case commented on: Buffalo River Dene Nation v. Ministry of Energy and Resources and Scott Land and Lease Ltd., 2014 SKQB 69

PDF version: Crown Oil Sands Dispositions and the Duty to Consult

In this decision Justice Currie of the Saskatchewan Court of Queen’s Bench concluded that the Crown owes no duty to consult a Treaty 10 First Nation when issuing Oil Sands Special Exploratory Permits (OSSEPs) in the traditional territory of that First Nation. In reaching this conclusion Justice Currie focused on his assessment that in issuing a permit the Minister did not make a decision that could affect the use of the land. Justice Currie also distinguished the Supreme Court of Canada’s decision in Haida Nation v British Columbia (Minister of Forests), 2004 SCC 73, where that Court held that the Crown’s decision to authorize the assignment of tree farm licence could trigger the duty to consult on the basis that it was a high level strategic planning decision that could have subsequent on-the-ground effects. Justice Currie took the view in this case that there was no Crown “plan of action” and no high level strategic planning decisions and therefore no duty.  Continue reading →