ALBERTA WILDERNESS ASSOCIATION v ALBERTA ENERGY REGULATOR

The Applicant applied for leave to intervene in an Appeal concerning an administrative decision for the approval of a mining operation. The Applicant was a First Nation and asserted that leave to intervene ought to be granted on the basis of its inherent, Aboriginal, and Treaty rights.

The Applicant submitted that the proposed project was located on lands that were on or near lands that the Applicant had traditionally used for cultural purposes, and that the proposed project would have an impact on it. The Respondent mining company was opposed to the Applicant being granted intervenor status and argued that allowing the Application would improperly expand the issues in dispute.

The Court considered Rule 14.58 and the applicable case law on the granting of intervenor status to First Nation Applicants, and noted that the Applicant could bring unique expertise to the analysis before the Court. While Antonio J.A. recognized that granting the Application could have the effect of expanding the issues in dispute, the risk of expansion could be mitigated through the imposition of conditions on the Applicant’s involvement.

The Court granted the Applicant permission to intervene provided that its submissions be narrowed to specific issues, that thy would not adduce evidence or supplement the record, and that their involvement would be limited to written submissions rather than oral. However, the Court noted that permission to give oral submissions could be granted at a later date.