Court rejects bid to delay energy inquiry
An Alberta justice has dismissed an injunction from an environmental law firm that would have paused the provincial government's controversial inquiry into alleged foreign-funded campaigns against Alberta's energy industry.
Justice Karen Horner of Alberta's Court of Queen's Bench said in her ruling there is no evidence the inquiry contains unfounded or untested allegations against Ecojustice that would cause irreparable harm to the Canadian non-profit.
The ruling is a setback for Ecojustice, which is also suing the government, claiming the inquiry itself is illegal.
The case was supposed to be heard in April but was postponed due to the COVID-19 pandemic. No new date has been set.
The group filed the injunction in July in a bid to prevent the inquiry from publishing its final report before the court rules on the legality of the inquiry, arguing it could damage the reputation of environmental groups.
The group also accused the inquiry of being politically motivated and prejudging conclusions.
But Horner said arguments that participation in the inquiry prior to a court ruling could cause harm were unclear and speculative. She wrote that arguments around public confidence if the inquiry was allowed to continue were irrelevant to the injunction.
“The allegations of improper purpose, bias and lack of jurisdiction are issues to be examined and resolved in the upcoming judicial review,” Horner wrote.
The United Conservative government launched the inquiry in July 2019, contending that foreign influences were funding groups opposed to Alberta's oil and gas industry.
Steve Allan was selected to lead the inquiry as commissioner. He has said the inquiry will not determine whether any campaign targeting the province had spread false information.
The report was originally expected to be filed in July but Allan has been granted two extensions to finish the inquiry, including an initial extension that raised its budget to $3.5 million from $2.5 million. The report is now due Jan. 31, with the province legally required to release it to the public within 90 days of its receipt.
Ecojustice executive director Devon Page said Sunday he was disappointed by Horner's ruling but was pleased the extensions allowed for more time for the non-profit's lawsuit against the inquiry to be heard.
Page said Ecojustice was awaiting the opportunity to plead its case in court that the inquiry is “manipulating the judicial process for the purpose of silencing people that criticize oil and gas in Alberta.”
“We want the court hearing before the report is released so we can say to the judge, `Now you have the whole story,' ” he said. “Until (the court) rules on legality, we don't want the report released. So far we haven't lost that opportunity.”
The province celebrated the ruling, adding it expects a final report will be filed no later than Jan. 31.
“The Government of Alberta is pleased to see the courts strike down a nuisance injunction application by Ecojustice designed to slow down the Public Inquiry into Foreign Funded Campaigns,” said Kavi Bal, press secretary to Alberta Energy Minister Sonya Savage.
Another issue raised by Ecojustice in its injunction application was that no process for the inquiry had yet been publicized.
The inquiry since posted a framework of procedures for gathering information from parties on its website in September.
“I am conscious of striking a balance between the need for an efficient and cost-effective process, and the importance of ensuring parties are treated fairly and given a reasonable opportunity to respond to matters that may affect their interests,” Allan wrote at the time.
Page said he appreciated that processes had been outlined so the public can understand how the inquiry will proceed. He added he had only heard of Allan contacting groups for the inquiry within the past two weeks.
“We're not saying the rules the commissioner came up with were good, we're just saying he finally came up with some rules,” Page said.