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Athabasca Chipewyan First Nation v. Alberta (Minister of Energy).

Country/Territory
Canada
Type of court
Others
Date
Oct 19, 2009
Source
UNEP, InforMEA
Court name
Queen’s Bench
Seat of court
Edmonton
Judge
Thomas.
Reference number
2009 ABQB
Language
English
Subject
Energy, Mineral resources
Keyword
Mining Indigenous peoples
Abstract
The Athabasca Chipewyan First Nation (ACFN) in the case that is the principal subject of this comment decided to proceed by way of an application for judicial review of Crown decisions to grant resource rights in the form of long term oil sands leases - alleging in support of that application a breach of the Crown’s duty to consult. The Crown, and one of its lessees (Shell), moved to dismiss the application under Rule 159 on the basis that there was no merit to the claim or any genuine issue for trial on the grounds that ACFN had filed its application more than six months after the relevant decision, and therefore was out of time within the meaning of Rule 753.11. Justice Thomas granted that application with respect to all of the elements of the relief sought by ACFN that related to the validity of the leases held by Shell and others. In doing so Justice Thomas applied a line of cases that stand for the proposition that the usual rule - to the effect that limitations do not run with respect to a declaration - does not apply in the case of an application under the Crown Practice Rules for a declaration of invalidity. Hence the only element of the application that is still alive is that part of the application in which ACFN seeks a declaration as to the Minister’s continuing duty to consult with respect to on-going decision-making by the Minister in relation to the oil sands leases. In so holding, Justice Thomas applied a line of cases that stand for the proposition that the usual rule to the effect that limitations do not run with respect to a declaration does not apply in the case of an application under the Crown Practice Rules for a declaration for invalidity.
Full text
COU-156849.pdf