Gift Lake Métis Settlement v. Métis Settlements Appeal Tribunal (Land Access Panel), 2009 ABCA 143

• Judge: Picard, Hunt and Costigan, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: April 01, 2009
• Citations: 2009 ABCA 143;(2009), 454 A.R. 53 (CA)

Gift Lake Métis v. Métis Settlements (2009), 454 A.R. 53 (CA);

      455 W.A.C. 53

MLB headnote and full text

Temp. Cite: [2009] A.R. TBEd. AP.090

Gift Lake Métis Settlement (appellant/applicant) v. The Land Access Panel of the Métis Settlements Appeal Tribunal (respondent/respondent) and Devon Canada Corporation (respondent/affected party) and Métis Settlements General Council, Kenneth Russell Shaw and Conrad Patrick Shaw (not parties to the Appeal/affected parties)

(0703-0139-AC; 2009 ABCA 143)

Indexed As: Gift Lake Métis Settlement v. Métis Settlements Appeal Tribunal (Land Access Panel)

Alberta Court of Appeal

Picard, Hunt and Costigan, JJ.A.

April 17, 2009.

Summary:

The Gift Lake Métis Settlement (GLMS) sought a review of compensation payable in relation to 43 oil and gas wells and related facilities. The relevant review period was five years, beginning between 2000 and 2002 depending on the particular surface lease. In taking into account the "cumulative effect" of related projects under s. 118(1)(c) of the Métis Settlements Act for purposes of reviewing compensation the Land Access Panel of the Métis Settlements Appeal Tribunal limited the relevant impacts to those effects occurring during the current review period, ruled that past and continuing effects were not cumulative, and required that certain evidence be tendered to prove cumulative effects. The GLMS appealed, arguing that the Land Access Panel erred in its interpretation of "cumulative effect" and in requiring certain evidence to prove cumulative effect.

The Alberta Court of Appeal dismissed the appeal.

Indians, Inuit and Métis - Topic 5513

Lands - Reserves - Royalties or other compensation for mines, minerals, oil and gas - At issue on an appeal from a decision of the Land Access Panel of the Métis Settlements Appeal Tribunal was whether the Tribunal: (1) erred in its interpretation of "cumulative effect" in s. 118(1)(c) of the Métis Settlements Act; and (2) by requiring certain evidence to prove "cumulative effect" - The Alberta Court of Appeal held that both issues were to be reviewed on the standard of reasonableness - See paragraphs 15 to 27.

Indians, Inuit and Métis - Topic 5513

Lands - Reserves - Royalties or other compensation for mines, minerals, oil and gas - The Gift Lake Métis Settlement (GLMS) sought a review of compensation payable in relation to oil and gas activity on its land - The relevant review period was five years, beginning between 2000 and 2002 depending on the particular surface lease - In considering "cumulative effect" of related projects under s. 118(1)(c) of the Métis Settlements Act, the Land Access Panel of the Métis Settlements Appeal Tribunal limited the relevant impacts to those effects occurring during the current review period, ruled that past and continuing effects were not cumulative, and required that certain evidence be tendered to prove cumulative effects - The GLMS appealed, arguing that the Tribunal erred in its interpretation of "cumulative effect" in s. 118(1)(c) and by requiring certain evidence to prove cumulative effect - The Alberta Court of Appeal dismissed the appeal.

Indians, Inuit and Métis - Topic 6240.7

Government - Métis nation - Métis Settlements Appeal Tribunal - Standard of review - [See first Indians, Inuit and Métis - Topic 5513 ].

Mines and Minerals - Topic 6103

Operation of mines, quarries and wells - Compensation to owners of surface rights - Relevant considerations (incl. cumulative effect of related projects, etc.) - [See second Indians, Inuit and Métis - Topic 5513 ].

Mines and Minerals - Topic 6144

Operation of mines, quarries and wells - Compensation to owners of surface rights - Awards - Judicial review of awards - Scope of - [See first Indians, Inuit and Métis - Topic 5513 ].

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 15].

Khosa v. Canada (Minister of Citizenship and Immigration) (2009), 385 N.R. 206; 2009 SCC 12, refd to. [para. 15].

Fishing Lake Metis Settlement v. Metis Settlements Appeal Tribunal Land Access Panel et al. (2003), 330 A.R. 101; 299 W.A.C. 101; 2003 ABCA 143, refd to. [para. 16].

ATCO Gas and Pipelines Ltd. v. Energy and Utilities Board (Alta.), [2006] 1 S.C.R. 140; 344 N.R. 293; 380 A.R. 1; 363 W.A.C. 1; 2006 SCC 4, refd to. [para. 20].

Bow Valley Naturalists Society et al. v. Canada (Minister of Canadian Heritage) et al., [2001] 2 F.C. 461; 266 N.R. 169 (F.C.A.), refd to. [para. 31].

R. v. Panarctic Oils Ltd. (1983), 43 A.R. 199 (N.W.T. Terr. Ct.), refd to. [para. 32].

Mitchell v. Minister of National Revenue, [2001] 1 S.C.R. 911; 269 N.R. 207; 2001 SCC 33, refd to [para. 40]

Delgamuukw et al. v. British Columbia et al., [1997] 3 S.C.R. 1010; 220 N.R. 161; 99 B.C.A.C. 161; 162 W.A.C. 161, refd to. [para. 40].

Statutes Noticed:

Métis Settlements Act, R.S.A. 2000, c. M-14, sect. 118(1)(c)(iii) [para. 4].

Counsel:

K.E. Buss and M.M. Conroy, for the appellant;

J.L. Hutchison, for the respondent, The Land Access Panel of the Métis Settlements Appeal Tribunal;

E.B. Mellett, for the respondent, Devon Canada Corp.

This appeal was heard on April 1, 2009, by Picard, Hunt and Costigan, JJ.A., of the Alberta Court of Appeal. The following memorandum of judgment was filed by the court in Edmonton, Alberta, on April 17, 2009.