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Supreme Court of Canada won’t hear appeals in Alberta coal project case

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OTTAWA — Canada’s top court won’t hear an appeal of a regulatory decision that blocked development of an open-pit coal mine in the Alberta Rockies.

In a decision released Thursday, the Supreme Court turned down requests from a coal miner and two First Nations for leave to appeal a decision from Alberta’s energy regulator that found the proposed Grassy Mountain coal mine in the province’s Crowsnest Pass region was not in the public interest.

The dismissed applications were from the Stoney Nakoda and Piikani First Nations and Benga Mining, which had proposed to resume mining for steelmaking coal at a site that had been previously mined.

But in June 2021, a joint federal-provincial review panel said the mine’s likely environmental effects on fish and water quality would outweigh what it called the low-to-moderate economic impacts of the project. Alberta’s regulatory agency denied Benga’s permit application and the federal government soon followed.

Both Benga and the two First Nations, which had signed benefits agreements with the company, first asked the Alberta Court of Appeal for leave to appeal the decision. When they were turned down, they applied to the Supreme Court.

Benga argued the joint federal-provincial review panel erred by ignoring evidence from the company on water quality, fish habitat and the project’s economics. The Piikani and Stoney Nakoda argued the panel didn’t adequately consult them on economic matters related to the exercise of their constitutional rights.

As is usual, the Supreme Court did not provide reasons for denying leave to appeal.

However, the Alberta court had found the applicants were asking justices to reconsider evidence, not correct an error in law. Justice Bernette Ho wrote that Benga was simply asking the court to prefer Benga’s expert evidence to other evidence presented.

Regulators are within their rights to decide which evidence to accept or reject, she wrote.

The Alberta decision also found the panel had plenty of information on Indigenous economic benefits and pointed out both First Nations had been free to file whatever information on those benefits they wanted.

The regulator’s decision on Benga was the first in series of decisions that has severely cramped the United Conservative government’s initial plans for a huge expansion of open-pit steelmaking coal mining in Alberta’s beloved Rockies and foothills.

Thousands of hectares were leased for exploration and several mines were proposed. Loud and near-universal public condemnation of the plans forced the government to back down and issue an order reinstating protections for the region.

That, however, has brought its own legal issues.

The province is now facing two lawsuits from coal companies affected by that reversal.

Atrum Coal Co. argues the government’s move damaged its share price, deprived its shareholders of value and made worthless millions of dollars worth of exploration work already completed. Cabin Ridge Coal, which is privately held, argues the government’s new policy amounts to expropriation of their assets.

This report by The Canadian Press was first published Sept. 29, 2022.

— By Bob Weber in Edmonton

 

The Canadian Press

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Pembina Pipeline earnings rise year over year to $385 million in third quarter

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CALGARY – Pembina Pipeline Corp. says it earned $385 million in its third quarter, up from $346 million a year earlier.

The Calgary-based company says its revenues rose to $1.84 billion, up from $1.46 billion during the third quarter of 2023.

Earnings per diluted share were 60 cents, up from 57 cents a year earlier.

The company narrowed its adjusted earnings guidance range for the year, citing prevailing forward commodity prices and the volume outlook for the fourth quarter.

Pipeline volumes during the quarter rose six per cent, which the company said was primarily due to its increased ownership interest in the Alliance Pipeline and the reactivation of the Nipisi Pipeline in late 2023.

The company says it’s poised to deliver a record financial year thanks in part to recent acquisitions and growing volumes.

This report by The Canadian Press was first published Nov. 5, 2024.

Companies in this story: (TSX:PPL)

The Canadian Press. All rights reserved.



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‘He violated me’: Women tell sex assault trial Regina chiropractor pulled breasts

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REGINA – Two women told a jury trial Tuesday that a Regina chiropractor pulled their breasts during appointments.

Ruben Manz is accused of sexually assaulting seven women between 2010 and 2020 while they were under his care. The complainants cannot be identified due to a publication ban.

A 47-year-old woman, who described herself as a professional athlete, testified she went to see Manz in 2011 to treat pain in her neck, shoulders, lower back and hips.

She said she was sitting on an exam table when Manz placed a hand on her shoulder, pulled her head to one side and put a hand in her shirt.

He asked if she was OK, she said, and she replied yes but was hesitant.

Manz then moved his hand into her bra and pulled her breast, she told the jury.

“He said, ‘Just relax. It’s part of the treatment,’ And I said, ‘The hell it is,’” the woman testified. “I got up, grabbed my stuff and left the room.”

The woman said what happened to her was wrong and no other chiropractor had touched her that way.

She stopped seeing Manz immediately, she said.

“I didn’t trust him. He violated me.”

The woman said she reported Manz to a chiropractors association the next day. In 2021, after reading a news report about criminal charges against Manz, she went to police.

“He did this to somebody else, so I was mad,” she testified.

She said she regularly seeks treatment for muscle strain and adjustments to her shoulders, hips and spine.

“I have to work very hard to find the strength to trust people to put their hands on me,” she added.

Defence lawyer Kathy Hodgson-Smith questioned the woman about what she remembered, including how many appointments she had with Manz, the clothes she was wearing and how many people she told about her allegation.

The woman said she couldn’t remember exactly how many times she saw Manz. She recalled wearing a supportive bra meant to prevent pressure to her chest.

She said she’s been open about sharing what happened with others if the topic of bad experiences comes up.

“I remember that one incident with him like it was yesterday,” the woman testified. “I remembered it this whole time — not because it came up in a news report or because I talked about it.

“Because it wasn’t OK. And I haven’t had a chiropractor before then or since then do that to me.”

Hodgson-Smith said it’s possible the woman didn’t stop the doctor from touching her and didn’t storm out of his office.

“You left that office normal,” the lawyer said.

“I absolutely did not, and I take high, high offence in that,” the woman responded, wiping away tears.

“You’re asking me to defend myself, when I didn’t do anything wrong.”

A 50-year-old woman testified she started seeing Manz in about 2005 to address neck and back pain after getting into a car crash.

At her last appointment with the doctor, she said, one of his hands was inside her shirt while his other hand was pulling her head to one side.

His pinky finger went underneath her bra, she said, and she felt her breast lift.

“I said, ‘My boob, you’re pulling my boob out of my bra.’ And he let go,” said the woman.

“We just kind of, I don’t know, tried to act normal. He said, ‘OK, we’ll see you next time,’ and that was pretty much it.”

The woman said she never booked another appointment with Manz.

“I just felt very uncomfortable.”

The trial is scheduled to continue this week.

This report by The Canadian Press was first published Nov. 5, 2024.



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Alberta aims to add two seats to legislature, bringing total to 89 for next election

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EDMONTON – Alberta’s surging population has the provincial government planning to add more seats to the legislature.

Justice Minister Mickey Amery introduced a bill Tuesday that calls for the creation of two additional electoral districts to bring the province’s seat total to 89 ahead of the 2027 general election.

There could also be widespread boundary changes, as the bill, if passed, would remove a provision that requires riding boundaries respect municipal boundaries as a guiding principle.

When asked by reporters if removing the provision is an attempt to dilute urban ridings with rural voters, who historically favour conservative representatives, Amery said the United Conservative Party government is aiming for manoeuvrability.

“A number of rural or semi-rural communities are very much closely connected to their urban cities that they’re nearby,” Amery said.

“The idea here is to build the flexibility for the commission to identify, for example, communities of interest, communities that share common transportation routes or common themes.”

Amery said the decision to increase seats is driven by Alberta’s recent surge in population, which is now at almost five million.

Government figures show that nine of Alberta’s current 87 constituencies are overpopulated, and Amery said having two additional representatives in the legislative assembly would improve voter representation.

Five of those overpopulated districts are in Calgary, three are in Edmonton, and the last is Airdrie-Cochrane, which covers all of Cochrane — a town that has seen its population grow by over 40 per cent since 2016.

Provincial rules dictate that the population of each constituency must be within 25 per cent of the average population of all electoral districts, though some exceptions are made for a couple rural districts where meeting that target isn’t feasible.

Should the bill pass, the government would establish a five-member commission to study and recommend where the boundaries of existing constituencies should be changed to create the two new districts.

Even if the bill is defeated, Premier Danielle Smith’s government would still need to establish a commission to review the electoral districts before the next election.

The commission would be made up of two members appointed by the Opposition NDP and three, including a committee chair, appointed by the United Conservatives.

NDP justice critic Irfan Sabir said he expects the UCP to go through the boundary redesign in good faith.

“We expect that it’s a fair process and these new ridings are given in the areas where we see the most population and growth pressures, and these are not just used for any political gains,” Sabir said.

The last election in 2023 saw results unfold along geographic lines, with the NDP taking Edmonton, the UCP dominating in rural areas and the two sides effectively splitting the key battleground of Calgary.

Political science professor Lisa Young said she isn’t surprised the government is looking to expand the legislature, as not doing so ahead of the necessary district review might have meant the loss of rural districts in favour of new urban ones where the population growth is being seen.

“It gets the government out of an immediate political problem,” said Young with the University of Calgary.

“If they didn’t, they were going to have to deal with a really messy situation that would have reduced the number of rural ridings, and that would have created problems inside UCP caucus.”

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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