Athabasca Tribal Council v. Amoco Canada Petroleum Co. et al. and Attorney General of Alberta, (1981) 37 N.R. 336 (SCC)

• Judge: Laskin, C.J.C., Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer, JJ.
• Court: Supreme Court (Canada)
• Case Date: June 22, 1981
• Jurisdiction: Canada (Federal)
• Citations: (1981), 37 N.R. 336 (SCC);37 NR 336;1981 CanLII 193 (SCC);[1981] 4 CNLR 27;[1981] 6 WWR 342;29 AR 350;[1981] 1 SCR 699;124 DLR (3d) 1

Athabasca Tribal v. Amoco Can. Petro. (1981), 37 N.R. 336 (SCC)

MLB headnote and full text

Athabasca Tribal Council v. Amoco Canada Petroleum Co. Ltd. et al. and Attorney General of Alberta

Indexed As: Athabasca Tribal Council v. Amoco Canada Petroleum Co. et al. and Attorney General of Alberta

Supreme Court of Canada

Laskin, C.J.C., Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer, JJ.

June 22, 1981.

Summary:

This case arose out of an application by several oil companies to the Alberta Energy Resources Conservation Board for approval of a tar sands development project, known as "The Alsands Project". The Athabasca Tribal Council, consisting of the chiefs of 5 Indian bands, intervened in the application. The council proposed that the board impose on the developers, as a condition of approval of the project, an affirmative action program giving preference in employment and business opportunities to members of the 5 bands. The board reported to the Lieutenant Governor in Council that such an affirmative action program would be contrary to the Alberta Individual's Rights Protection Act. The Indian band council appealed to the Alberta Court of Appeal.

The Alberta Court of Appeal held that the board had no jurisdiction to order an affirmative action program directed at pre-existing social problems in the area, but only one directed at the problems which would be created by the development project itself - see 22 A.R. 541. The Court of Appeal held further that such an affirmative action program based on racial criteria would be in breach of the Alberta Individual's Rights Protection Act. The Indian band council appealed to the Supreme Court of Canada.

The Supreme Court of Canada dismissed the appeal.

Mines and Minerals - Topic 7083

Regulation - Boards - Jurisdiction respecting affirmative action programs - The Supreme Court of Canada held that the Alberta Energy Resources Conservation Board had no jurisdiction under the Energy Resources Conservation Act and the Gas and Oil Conservation Act to order an "affirmative action" program as a condition of the approval of a tar sands plant.

Civil Rights - Topic 990

Discrimination - Employment - Affirmative action programs, validity of - Ritchie, J., of the Supreme Court of Canada, speaking for a minority, stated that a proposed affirmative action program based on racial criteria would not be in breach of the Alberta Individual's Rights Protection Act - See paragraphs 22 to 28.

Cases Noticed:

Regents of University of California v. Bakke (1978), 98 S. Ct. 2733, refd to. [para. 24].

United Steelworkers of America v. Weber (1979), 99 S. Ct. 272, refd to. [para. 24].

Statutes Noticed:

Individual's Rights Protection Act, S.A. 1972, c. 2, sect. 6(1), sect. 7 [para. 23], sect. 11.1 [para. 2].

Energy Resources Conservation Act, S.A. 1971, c. 30, sect. 2 [para. 9], sect. 24 [paras. 10 and 19].

Oil and Gas Conservation Act, R.S.A. 1970, c. 267, sect. 5 [paras. 11 and 19], sect. 43 [para. 12].

Counsel:

Kenneth E. Staroszik, for the appellant;

D.O. Sabey, Q.C., and Brian O'Ferrall, for the respondents, Amoco Canada et al.;

Michael J. Bruni and Keith F. Miller, for the respondent, Energy Resources Conservation Board of Alberta;

B.A. Crane, Q.C., for the intervenant, Attorney General of Alberta.

This appeal was heard by LASKIN, C.J.C., MARTLAND, RITCHIE, DICKSON, BEETZ, ESTEY, McINTYRE, CHOUINARD and LAMER, JJ., of the Supreme Court of Canada at Ottawa, Ontario on December 4 and 5, 1980.

The judgment of the Supreme Court of Canada was delivered on June 22, 1981 and the following opinions were filed:

LAMER, J. - see paragraphs 1 to 3;

RITCHIE, J. - see paragraphs 4 to 30.

MARTLAND, BEETZ, ESTEY and CHOUINARD, JJ., concurred with LAMER, J.

LASKIN, C.J.C., DICKSON and McINTYRE, JJ., concurred with RITCHIE, J.