Environmental regulators and tribunals bear substantial responsibilities and make important decisions regarding development in Canada. If they won't listen to opponents of a project, will they breach the Canadian Charter of Rights and Freedoms?
The issue has been raised before the courts recently regarding both a pipeline approval before the National Energy Board and regulation of ongoing fracking activities before the Alberta Energy Regulator. The AER replaced the Energy Resources Conservation Board (ERCB), and provides “full-lifecycle regulatory oversight of energy resource development in Alberta – from application and construction to abandonment and reclamation, and everything in between.”
The mandate . . . [more]