Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A R C H 2 0 1 7 11 J essica Ernst owns property near the rural community of Rosebud in the Alberta Prairies about an hour-and-a-half northeast of Cal- gary. Her Toronto-based activist lawyer Murray Klippenstein calls it Ernst's "idyl- lic retreat into the Alberta countryside she loves so much." However, Ernst says her dream is being destroyed. She believes fracking (injecting gas or water into fissures underground to widen them and force out oil or gas) by the Calgary-based energy producer Encana Corporation has severely dam- aged the water quality of her well and the nearby wells of others. Since 2007, she has engaged in a long, litigious and, as yet, unresolved battle with the energy giant, which flatly rejects her claims as "not sup- ported by the facts and without merit." But Ernst has not only taken on Encana, she has also gone after the Alberta government and the provincially appointed, quasi-judicial board that over- sees the energy and utility sector in the province, the Alberta Energy Regulator. It was Ernst's battle with the AER that brought her before the Supreme Court last year. The AER, like many similar provincially appointed regulators and boards across Canada, has a clause in its foundational legislation that essentially grants its board sweeping immunity from legal action. Section 43 of the Ener- gy Resources Conservation Act reads in part: "No action or proceeding may be brought against the Board or a member of the Board…in respect of any act or thing done purportedly in pursuance of this Act…" Ernst's persistent and public complaints and what the AER and its predecessor organization say they perceived as threats led the body to refuse to accept further communication from her. Ernst argued this attempt to silence her criticism was contrary to the Charter's 2(b) provision of \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP Alberta anti-fracker still fighting despite Supreme Court loss Jessica Ernst Continued on page 12 W E S T MATTER CREDENTIALS TORONTO I BARRIE I HAMILTON I KITCHENER 1-866-685-3311 www.mcleishorlando.com A Noticeable Difference ™ Choosing a personal injury lawyer is one of the most important decisions an injured person will make. Help your client ask the right questions: Is the lawyer? I ntitled-1 1 2015-05-13 4:13 PM

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