OMURA LAW BLOG

In Director (EAP) v Handel Transport, 2017 ABQB 3, the Court of Queen's Bench held that a Provincial Court Judge did not have the jurisdiction to order mediation of a dispute between the Director and a landowner, or responsible person, under an access application for the following reasons: 1) the Provincial Court of Alberta does not have inherent jurisdiction; 2) the Environmental Protection and Enhancement Act delegates to the Director the exclusive jurisdiction to determine the remediation

A Provincial Court May Not Re-visit the Merits of a Remediation Order

In 2008 and 2009, the Blood Tribe purchased land contiguous to their Reserve pursuant to two land claim settlements reached in 1996 and 2003. They sought the transfer from the Alberta Crown of the subsurface rights. In 2015, the Minister of Energy refused the transfer the subsurface rights without providing reasons; although internal documents suggested the reason was to avoid setting a precedent for land claim settlements with other First Nations. The Band appealed to the Court of Queen's Bench

Summary: Kainaiwa/Blood Tribe v. Alberta (Energy)