The Alberta Court of Appeal has denied leave to appeal the
Jackpine mine expansion Joint Review Panel's finding that it
lacks jurisdiction to decide whether the federal and provincial
governments have discharged their constitutional obligations to
consult with aboriginal groups.
In a
decision released last Monday, the ABCA found that granting
leave would be inappropriate because the decisions on appeal would
not affect the outcome of the Joint Review Panel hearing. The Court
found that even if the Panel had such jurisdiction, the
jurisdiction would have to be exercised in accordance with
the Panel's mandate. The Agreement between the Federal and
Provincial Crowns and the Energy Resources Conservation Board that
established the Joint Review Panel had clearly mandated that the
Panel was not required to make decisions in respect of the
satisfaction of consultation obligations. The Court also rejected
the aboriginal groups' argument that the ability to consult
would be lost after the Joint Review Panel issued its decision,
noting that an ERCB license does not extinguish the Crown's
consultation obligations, and therefore the groups would have
remedies against the Crown if such requirements were not met.
The ABCA also denied leave to appeal an interlocutory question
prior to the completion of the Joint Review Panel hearing.
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