The Potential Application of Human Rights Law to Oil and Gas Development in Alberta: A Synopsis

Abstract

This paper summarizes much of the work undertaken as part of the Human Rights and Resource Development Project from 2001 to the end of July 2006. It is the fifth publication to come from this project, the purpose of which is to explore the relationship between two important areas of law: human rights, as they are protected by law in Alberta, and the legal regime pursuant to which oil and gas resources are developed in the Province. The paper focuses on two actual or potential impacts from oil land gas development, those affecting human health and those affecting one's culture or way of life. In light of these impacts, it asks whether human rights law has anything to say about the way oil and gas is developed in Alberta. The paper considers the mineral rights disposition stage, the environmental assessment process, as well as a number of issues regarding the approval process (including the powers of Alberta's Energy and Utilities Board, and the test for standing for a hearing before that Board).