As previously reported M+A is prosecuting an action for a declaration that the anti-scientific, anti-public participation provisions of section 55.2 of the National Energy Board Act (the “NEB Act”), provisions imposed by the Harper government, violate the freedom of expression guarantees of the Canadian Constitution. Our application for leave to appeal to the Supreme Court of Canada in Lynne M. Quarmby, et al. v. Attorney General of Canada, et al. was filed on March 21, 2015 (see prior post below). ‎ The Response of the Canadian Association of Petroleum Producers may be viewed here. ‎The Responses of Kinder Morgan and the Attor‎ney General of Canada may be viewed here  and here.  M+A’s final Reply was filed on May 4th,2015 and may be viewed here.

Many Intervenors have made submissions to the SCC that leave to appeal should be granted (view here, here, here, here, here, and here).

On April 30, 2015 the Supreme Court of Canada granted leave to appeal to a litigant alleging that the Alberta Energy Regulator (formerly the Energy Resources Conservation Board) violated her right to freedom of expression ‎by refusing to hear and take into account her objections to the issuance of permits for natural gas fracking on lands adjacent to her ranch located in Rosebud, Alberta. The decision of the Alberta Court of Appeal from which leave to appeal has been granted may be viewed here. 

On today’s‎ date all of the submissions related to the Quarmby et al leave to appeal application have been referred for a decision to a three judge panel of the Supreme Court of Canada consisting of Chief Justice McLachlin, along with Justices Wagner and Gascon.  The Charter s (2)(b) right to freedom of expression hangs in the balance.