Ernst v. Alberta Energy Regulator

2017 SCC 1

SCC Reasons for Judgment

The Asper Centre was granted intervener status in this appeal concerning the ability of the applicant, Jessica Ernst, to make a Charter claim against the Alberta Energy Regulator, the respondent, that it had infringed upon her s. 2(b) Charter rights. The applicant claimed that the respondent regulator had been negligent in dealing with her claims against EnCana Corporation in a dispute over hydraulic fracturing. The particular hydraulic fracturing project allegedly had adverse impacts to an aquifer near the applicant’s property. Specifically, the legal action against the respondent regulator concerned how the applicant was restricted from communicating through channels of public communication and that her only recourse over the aquifer dispute would be through the Board’s Compliance Branch. The applicant was allegedly barred from speaking about the dispute to the media or with other citizens. At trial court, the judgment ruled in favour of the respondent regulator finding that a statutory immunity clause barred the claim and ordered that the Charter claims would be struck out. The Court of Appeal dismissed Ernst’s appeal and she now appeals to the Supreme Court. The Asper Centre is represented by Raj Anand of Weir Foulds LLP and Cheryl Milne.


Date Document
2015 / 09 / 11 Appellant – Jessica Ernst
2015 / 11 / 06 Respondent- Alberta Energy Regulator
2015 / 12 / 17 Intervener- British Columbia Civil Liberties Association
2015 / 12 / 22 Intervener- David Asper Centre for Constitutional Rights
2015 / 12 / 22 Intervener – Attorney General of Quebec
2015 / 12 / 23 Intervener – Canadian Civil Liberties Association
2015/ 11 / 19 Appellant- Jessica Ernst (Reply)
2016 / 01 / 06 Respondent- Alberta Energy Regulator (Reply)