Supreme Court of Canada won't hear appeals in Alberta coal project case
Canada's top court won't hear an appeal of a regulatory decision that blocked development of an open-pit coal mine in the Alberta Rockies.
In a decision released Thursday, the Supreme Court turned down requests from a coal miner and two First Nations for leave to appeal a decision from Alberta's energy regulator that found the proposed Grassy Mountain coal mine in the province's Crowsnest Pass region was not in the public interest.
The dismissed applications were from the Stoney Nakoda and Piikani First Nations and Benga Mining, which had proposed to resume mining for steelmaking coal at a site that had been previously mined.
But in June 2021, a joint federal-provincial review panel said the mine's likely environmental effects on fish and water quality would outweigh what it called the low-to-moderate economic impacts of the project. Alberta's regulatory agency denied Benga's permit application and the federal government soon followed.
Both Benga and the two First Nations, which had signed benefits agreements with the company, first asked the Alberta Court of Appeal for leave to appeal the decision. When they were turned down, they applied to the Supreme Court.
Benga argued the joint federal-provincial review panel erred by ignoring evidence from the company on water quality, fish habitat and the project's economics. The Piikani and Stoney Nakoda argued the panel didn't adequately consult them on economic matters related to the exercise of their constitutional rights.
As is usual, the Supreme Court did not provide reasons for denying leave to appeal.
However, the Alberta court had found the applicants were asking justices to reconsider evidence, not correct an error in law. Justice Bernette Ho wrote that Benga was simply asking the court to prefer Benga's expert evidence to other evidence presented.
Regulators are within their rights to decide which evidence to accept or reject, she wrote.
The Alberta decision also found the panel had plenty of information on Indigenous economic benefits and pointed out both First Nations had been free to file whatever information on those benefits they wanted.
The regulator's decision on Benga was the first in series of decisions that has severely cramped the United Conservative government's initial plans for a huge expansion of open-pit steelmaking coal mining in Alberta's beloved Rockies and foothills.
Thousands of hectares were leased for exploration and several mines were proposed. Loud and near-universal public condemnation of the plans forced the government to back down and issue an order reinstating protections for the region.
That, however, has brought its own legal issues.
The province is now facing two lawsuits from coal companies affected by that reversal.
Atrum Coal Co. argues the government's move damaged its share price, deprived its shareholders of value and made worthless millions of dollars worth of exploration work already completed. Cabin Ridge Coal, which is privately held, argues the government's new policy amounts to expropriation of their assets.
This report by The Canadian Press was first published Sept. 29, 2022.
CTVNews.ca Top Stories
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.