ABLawg

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

On April 24, 2014

In Aboriginal, Responsible Energy Development Act

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.

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

By Martin Olszynski

On April 23, 2014

In Environmental

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.

Crown Oil Sands Dispositions and the Duty to Consult

By Nigel Bankes

On April 22, 2014

In Aboriginal, Oil & Gas

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.

Four Years Out: Is the Gulf of Mexico Safer Today?

By Admin

On April 20, 2014

In Oil & Gas

By: Jacqueline L. Weaver

In February 2011, at the invitation of Professor Alastair Lucas at the University of Calgary, I spoke on the U of C campus about the causes and consequences of the BP oil spill in the Gulf of Mexico as of that date. That invitation led me on a three-year journey that culminated in two lengthy articles, just published in the Houston Journal of International Law, seeking to assess what has changed in offshore safety in the Gulf since the blowout (see “Offshore Safety in the Wake of the Macondo Disaster: Business as Usual or Sea Change?”, (2014) 36 Houston J. Int’l L. 148 (Part One) and “Offshore Safety in the Wake of the Macondo Disaster: the Role of the Regulator” (2014) 36 Houston J. Int’l L. 380 (Part Two)). This brief post summarizes my main findings on the state of safety in the Gulf today. I am deeply grateful for the “push” that the U of C Law School gave me with its invitation to speak and its gracious hospitality during my visit there.

Leave to Appeal Granted in NRCB Case Concerning Participatory Rights and the Interpretation of ‘Directly Affected’ Persons Entitled to a Hearing

By Shaun Fluker

On April 17, 2014

In Environmental, Intervenors and Standing, Natural Resources

By: Shaun Fluker

PDF Version: Leave to Appeal Granted in NRCB Case Concerning Participatory Rights and the Interpretation of ‘Directly Affected’ Persons Entitled to a Hearing

Decision commented on: JH Drilling Inc. v Alberta (Natural Resources Conservation Board), 2014 ABCA 134

The Alberta Court of Appeal has granted leave to JH Drilling to appeal a ‘standing’ decision by the Natural Resources Conservation Board (NRCB). While not a decision on the merits of the issue, this leave decision is significant because the question for appeal will concern the NRCB’s interpretation of ‘directly affected’ in its governing legislation to determine participatory rights before the Board. Moreover, the interest asserted by JH Drilling to be directly affected here is one of a commercial nature – JH Drilling is not a landowner or resident in the immediate vicinity of the proposed project in this case. To my knowledge, this merit hearing will be the first time the Court of Appeal considers participatory rights before the NRCB.