Environmental, Indigenous and Natural Resources Blog

On May 10, 2022, the Alberta Court of Appeal handed down its decision on the constitutionality of the federal Impact Assessment Act (the “IAA”). The decision, rendered pursuant to a reference to the Court by the Alberta government, held that the IAA and its associated Physical Activities Regulations (the “Regulations”) are unconstitutional as they go beyond the ...

On June 17, 2021, a Joint Review Panel (the “Panel”) acting in its capacity as the Alberta Energy Regulator (AER) denied approval of the Grassy Mountain Steelmaking Coal Project (the “Project”), a proposed open-pit coal mine, on the basis that the Project would likely result in significant adverse environmental effects. On January 28, 2022, the Alberta Court of ...

In a case that pitted the federal Bankruptcy and Insolvency Act (BIA) against Alberta’s constitutional rights to legislate in relation to property and civil rights in the Province, the Supreme Court of Canada (SCC) in Orphan Well Association v Grant Thornton Limited (Redwater) has determined that the Alberta Energy Regulator (AER) has been and continues to act lawfully ...

The Alberta Court of Appeal has denied the Cold Lake First Nations’ (CLFN) application to appeal a decision by Alberta’s Energy Resources Conservation Board (ERCB) that it did not have the jurisdiction to determine the adequacy of Crown consultation in respect of a bitumen recovery project within the CLFN’s treaty territory. The ERCB held that although it has the ...