Tag Archives: public consultation

A Lost Opportunity for Clarifying Public Participation Issues in Oil and Gas Decision Making

Cases Considered: Graff v. Alberta (Energy and Utilities Board), 2008 ABCA 119

PDF Version: A Lost Opportunity for Clarifying Public Participation Issues in Oil and Gas Decision Making

Those of us following the year-long journey of the Graff family (the “Graffs”) through the Court of Appeal were stunned when the final decision was handed down on March 26, 2008. While the grounds upon which leave to appeal had been granted held out promises of clarification on certain key public participation issues in oil and gas development, none of these grounds were ultimately dealt with by the Court. Instead, both appeals (heard together) were dismissed on the basic procedural point that parties requesting standing before the Energy and Utilities Board (the “EUB”, now the ERCB) must provide at least some relevant evidence to support their claim of being “directly and adversely” affected.
Continue reading →

What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development in Alberta?

Cases Considered: Kelly v. Alberta (Energy and Utilities Board), 2008 ABCA 52

PDF Version: What does the Canadian Charter of Rights and Freedoms have to do with Oil and Gas Development in Alberta?

This is not the first time that section 7 of the Canadian Charter of Rights and Freedoms (the Charter) has been raised on an application for leave to appeal a decision of Alberta’s Energy and Utilities Board (EUB). It is, however, the first time that a justice of the Court of Appeal has put the issue squarely before the court. Can the granting of a licence by the EUB (now the ERCB) for a particular oil and gas well violate rights protected by section 7 of the Charter? Is it possible that the environmental risks and hazards of a particular oil and gas operation may be such as to trigger the protection of section 7 of the Charter? Mr. Justice J.A. Berger has said that this is arguable. In doing so, he has placed some difficult issues, with potentially far-reaching consequences, before the Court.

Continue reading →