Court of Appeal permits Fort McKay challenge

The Court of Appeal in Alberta has permitted the Fort McKay First Nation to challenge Brion Energy’s plans for a 50,000-barrel-a-day operation northwest of Fort McMurray.† It means the Alberta Energy Regulator’s decision not to consider the band’s arguments that members’ constitutional rights were violated during the approval process can be questioned by the First Nation. “There is a live issue respecting the regulator’s interpretation of its power to decide constitutional issues,” wrote Justice Frans Slatter. “The issue is of general importance, and leave to appeal is justified.” Brion, a joint-venture between Calgary-based Athabasca Oil Corp. and the Chinese state-owned firm PetroChina, saw an immediate market reaction to the news. Shares in Athabasca were down nearly 13 per cent in late afternoon trading on the Toronto Stock Exchange.