In a blindingly white and ultra-modern courtroom on the 26th floor of the TransCanada Pipeline Tower in downtown Calgary, three Court of Appeal justices heard arguments yesterday on whether government regulators or officials are protected from violating the nation’s Charter of Rights due to immunity clauses.
The hearing concerned Jessica Ernst’s landmark $33-million lawsuit against the Alberta government, Encana, and the Energy Resources Conservation Board (ERCB) — Alberta’s energy regulator now known as the AER — for negligence and breach of Charter of Rights.
The lawsuit alleges that industry activity including the hydraulic fracturing of shallow coal seams between 2001 and 2004 in central Alberta contaminated local aquifers with methane, making Ernst’s water flammable.
Andrew Nikiforuk – TheTyee.ca – May 9, 2014