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Alberta Court of Appeal sets aside the Rigel approval and sends it back to the regulator

In Fort McKay First Nation v Prosper Petroleum (2020 ABCA 163), the court unanimously allowed Fort McKay's appeal. The majority held that the AER took an unreasonably narrow view of the public interest by declining to consider the state of the Moose Lake negotiations between Fort McKay and the Crown (para. 68); the court vacated the approval and directed the AER to reconsider it, taking into account the honour of the Crown and the Moose Lake process (para. 71). Fort McKay had asked that the matter go back to the regulator to decide whether the project should be delayed, approved or denied (para. 69). Fort McKay called it 'an historic victory for Treaty rights' (release, Apr. 24, 2020).

Date
Kind
Court ruling
Where
Canada / Alberta
Evidence
Action: Something was done: a law switched on, a tariff imposed, money committed. How evidence is weighed
Who
Alberta Energy Regulator (subject); Fort McKay First Nation (acted); Prosper Petroleum (counterparty)

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