Alberta Court rejects an offer to add evidence in Challenge Against Impact Assessment Act

The Alberta Court of Appeal has recently made a decision regarding a case challenging the Federal Impact Assessment Act, known as Bill C-69, which was established in 2019. This law has been a point of contention for the province of Alberta, as they believe it could potentially block large infrastructure projects such as mines and pipelines on environmental land.

In this particular case, Cold Lake First Nations sought to expand their evidence in the legal challenge against Bill C-69. However, their request was rejected by the Court of Appeal. They had hoped to add sworn statements from the Chief Nations of Cold Lake and an employee, totaling 166 pages of material. This evidence would have addressed the community’s experiences with gaps in the environmental regulation process and consultation with provincial planning rules.

Additionally, Cold Lake First Nations wanted to submit a letter signed by Chiefs of various First Nations regarding the Pathways Alliance Project. This project involves a 400-kilometer pipeline to transport CO2 from Alberta’s oil regions to a designated area. The letter expressed concerns about Alberta’s environmental assessment process and argued that the project falls under federal jurisdiction.

Despite Cold Lake First Nations’ efforts, Justice Anne Kirker deemed the proposed evidence to be beyond the scope of the case. She also raised concerns about the inclusion of non-evidentiary materials, such as newspaper articles and opinion columns, related to the Pathways project.

Furthermore, the MacDonald-Laurier Institute, a think tank specializing in Constitutional Governance, applied to intervene in the case. However, Justice Kirker determined that their participation would not add significant value to the proceedings, as their submissions would likely duplicate those of other parties involved.

On a positive note, Enserva, an association representing companies in the energy services sector, was granted an intervening role in the case. This decision was made to ensure that the court receives a comprehensive range of perspectives on the legal and practical implications of the amended law.

Overall, the legal battle surrounding Bill C-69 continues to unfold, with various parties vying to have their voices heard in the ongoing debate over the impact of this legislation on large infrastructure projects in Alberta.