First Nations Must Lead Specific Evidence To Show "Directly And Adversely" Affected Under Alberta's Responsible Energy Development Act

The Supreme Court of Canada recently denied the O'Chiese First Nation leave to appeal the Alberta Court of Appeal's (ABCA) decision in O'Chiese First Nation v Alberta Energy Regulator, 2015 ABCA 348, which refused to overturn a standing decision made by the Alberta Energy Regulator (AER). In the ABCA decision, the court held that the O'Chiese First Nation could not appeal the AER decision as the appeal was a question of mixed fact and law, had no merit, and did not satisfy the "directly and adversely affected" test. 

Background

In 2014 and 2015, Shell Canada Limited made a number of applications to the AER for approval of natural gas pipelines, pipeline agreements, and a surface lease over land located within the O'Chiese First Nation Consultation Area.¹ Prior to submitting the applications, Shell received approval from Alberta's Aboriginal Consultation Office that either Shell's previous consultation with the O'Chiese First Nation was sufficient or that further