Case information
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40120
Stoney Nakoda Nations v. Alberta Energy Regulator, et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2101-0201AC, 2022 ABCA 30, dated January 28, 2022, is dismissed. Dismissed |
|
| 2022-09-29 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application. Granted |
|
| 2022-08-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-06-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-04, (Printed version filed on 2022-06-24) | Stoney Nakoda Nations |
| 2022-06-08 | Certificate (on limitations to public access), 23A | Alberta Energy Regulator |
| 2022-06-08 | Notice of name | Alberta Energy Regulator |
| 2022-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) | Alberta Energy Regulator |
| 2022-05-17 | Response to the motion to extend the time to file and / or serve the leave application, The Respondents do not oppose the Applicant’s Motion for an Extension of Time , Completed on: 2022-06-14 | Alberta Energy Regulator |
| 2022-05-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-06-14, (Printed version filed on 2022-05-18) | Stoney Nakoda Nations |
| 2022-05-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-05-10 | |
| 2022-04-01 | Correspondence received from, notice of change of counsel | Alberta Energy Regulator |
| 2022-03-30 | Certificate (on limitations to public access), 23A | Stoney Nakoda Nations |
| 2022-03-30 | Notice of name | Stoney Nakoda Nations |
| 2022-03-30 |
Application for leave to appeal, (Book Form), Required: - Motion to extend time (rec'd 2022-05-16), Completed on: 2022-06-14, (Printed version filed on 2022-04-05) |
Stoney Nakoda Nations |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Stoney Nakoda Nations | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta Energy Regulator | Respondent | Active |
| Joint Review Panel for the Grassy Mountain Coal Project Acting in its Capacity as the Alberta Energy Regulator | Respondent | Active |
Counsel
Party: Stoney Nakoda Nations
Counsel
1000 5 Ave SW #900
Calgary, Alberta
T2P 4V1
Telephone: (403) 264-8389
FAX: (403) 264-8399
Email: bbarrett@raeandcompany.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1015
FAX: (613) 235-2867
Email: glangen@osler.com
Party: Alberta Energy Regulator
Counsel
Barbara Kapel Holden
Lindsey Mosher
1000, 250 - 5th Street SW
Calgary, Alberta
T2P 0R4
Telephone: (403) 297-3488
Email: meighan.lacasse@aer.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Joint Review Panel for the Grassy Mountain Coal Project Acting in its Capacity as the Alberta Energy Regulator
Counsel
Barbara Kapel Holden
Lindsey Mosher
1000, 250 - 5th Street SW
Calgary, Alberta
T2P 0R4
Telephone: (403) 297-3488
Email: meighan.lacasse@aer.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Administrative law — Boards and tribunals — Public interest — Aboriginal law — Aboriginal rights — Self-government — Whether an administrative tribunal is required to consider as part of its assessment of public interest the impacts of its contemplated decision on project-related economic benefits flowing to an Indigenous group and secured through a benefits agreement and the exercise of the Indigenous rights of self-governance and self-determination in negotiating and entering into such an agreement?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Benga Mining Limited sought approval to construct and operate an open-pit coal mine in Alberta. Stoney Nakoda Nations entered into a formal relationship agreement with Benga Mining Limited obtaining benefits and supported the application. A Joint Review Panel established by Alberta and Canada rendered a decision that the proposed mine was not in the public interest. Alberta’s Energy Regulator denied approval. The Court of Appeal of Alberta dismissed an application by Stoney Nakoda Nations for leave to appeal.
Lower court rulings
Court of Appeal of Alberta (Calgary)
2022 ABCA 30, 2101-0201AC
Application for leave to appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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