National Post’s 2016 Outlook: Five major Canadian legal cases to watch includes Ernst vs AER

five major court cases to watch in 2016 by National Post Press Reader, December 26, 2015

Jessica Ernst v. Alberta Energy Regulator: An Alberta woman goes after Encana and the provincial government [and the AER for Charter violations while fraudulently trying to cover-up Encana’s law violations] over alleged contamination of groundwater [and well water, household water, tap water, drinking water] as a result of fracking.

2015 12 26 five major court cases to watch in 2016 in press reader, National Post '2016 Outlook'


Major court case to watch in 2016 by Amie du Richelieu, December 26, 2015

In its December 26 edition, the National Post includes Jessica Ernst’s case in its list of “five major court cases to watch in 2016”.

“Is the water contaminated” reads the headline.

There is no question that the water is contaminated.

The case is about: Encana did it, and with what? And did Alberta Environment and ERCB do their job to protect its citizens and their drinking water resources while making sure Encana is a responsible corporate body and repair damages done?

Of course Ernst versus Encana is a major court case in 2016! But it should have never gone this far this long…

[Refer also to:

Ernst vs AER before the Supreme Court of Canada, hearing set for January 12, 2016

Factums on Appeal (the federal, BC and Saskatchewan Attorney Generals all dropped out, just before Christmas):

2016 01 12 Ernst vs AER at Supreme Court Canada Webcast

2015 11 04: Rosebud Hamlet Petition to the Supreme Court of Canada (with the 9 signature pages removed to reduce file size)

From: Shauna Murphy
Date: Wed, Nov 4, 2015 at 3:35 PM
Subject: Fwd: to fwd
To: Jessica Ernst <email hidden; JavaScript is required>
Cc: email hidden; JavaScript is required, email hidden; JavaScript is required,email hidden; JavaScript is required

Dear Ms.Ernst,

Please find attached a digital copy of the petition from Rosebud residents in support of your case, Ernst vs. AER, Docket 36167, mailed on November 2, 2015 to the Supreme Court of Canada.  The signatures have been blocked to protect the residents and their privacy, the Supreme Court of Canada received the original petition complete with signatures.

It is through your case that we have been made aware of the huge threat fracking is to our precious water sources and that our charter rights are under attack. Thank you so much.

Shauna Murphy

PETITION to the Supreme Court of Canada

Re: Jessica Ernst vs Alberta Energy Regulator (AER) Supreme Court of Canada Docket #36167

We, the undersigned residents of the Hamlet of Rosebud, wish to add our voices to an urgent call to allow the AER to be held accountable for any damages incurred to our water source and reservoir as a result of fracking operations by Encana. Beforehand, the AER and Encana failed to consult with us about fracking planned in our drinking water zones. Since then, they have never confessed that Encana fracked our water source, the exact chemicals injected or what dangers residents are living with and the AER continues to let Encana frack in the fresh water zones here.

The only reason we know anything about the illegal fracking here is through Jessica Ernst’s legal case and investigative journalist Andrew Nikiforuk who recently released a book called Slick Water.

For the AER, mandated to protect the public, to be legally immune from violating our charter rights in such an important drinking water contamination case is wrong and must be overturned.

Click to see the petition & supporting documents with signature pages

Click to see the supporting documents without signature pages

A footnote in the petition supporting documents:

*At the time of the law violations in Ernst vs AER, the AER was the EUB (Energy Utilities Board). In 2007, after it was caught breaking the law and spying on Albertans (both extensively reported in the media), the provincial government changed the regulator’s name to the ERCB (Energy Resources Conservation Board). After the Ernst lawsuit went public, the Alberta government changed the ERCB to a 100% industry-funded corporation, the AER, removed its public interest mandate and appointed Ex-Encana VP Gerard Protti as Chair.

AER, Alberta’s new energy regulator seeks the world’s trust, as Alberta’s caprock is frac’d “to Hell”

Landowner Rights, How Big Oil Trumps Private and Public Good; “Some of us will be unlucky enough to be in the way…and will be called on to sacrifice”

Ernst vs Encana in Top 10 Canadian Judicial Decisions in 2014 of Import to the Oil and Gas Industry

2014: What took so long for this to be reported? Oil companies fracking into drinking water sources, new research shows

2014: Meet ASSIST: Alberta’s very own Spy Agency, “Alberta Security and Strategic Intelligence Support Team”

March 31, 2014 Devastation Day for Alberta’s Water: The Oil and Gas Industry takes over total control of Alberta’s Fresh Water as “No Duty of Care” Spying AER now a single regulator, 100% funded by industry, takes over Environmental Protection and Enhancement Act and Water Act

Harper government enabling the frac harm cover up? Environment Canada criticized for leaving fracking chemicals off pollutant list saying not enough frac chemicals used – 362,000 litres of diesel invert lost underground near Alberta family home

Alberta’s Energy Regulator (AER) continues to deregulate, more 100% industry funded deregulation to come

Alberta Energy Regulator given immunity in frac suit, OK for regulator to violate constitutional rights of Canadians; ‘I have no choice but to appeal’, says Jessica Ernst

Fracker’s Legal Defense: “We’re Not Frackers” Encana Files Defence in Lawsuit with Fracking Folk Hero

(Refer also below for the actual copy of Encana’s 5-14 frac data on file with the AER)

Whopping Legal Bills, Justice grows unaffordable for many Canadians, Access to justice is profoundly unequal in Canada

Alberta Energy Regulator (previously ERCB, previously EUB and ERCB before it was the EUB) 100% financed by oil and gas industry, will be corporate-style, allocate water, including for fracking

Taking a regional approach to fracking: AER (previously ERCB, previously EUB, and ERCB before it was the EUB – every time the regulator gets caught breaking bad, Alberta government changes its spot)

Is this what the entire province of Alberta gets to look forward to, thanks to Tory Government, Encana, CAPP, AER Chair Gerard Protti et al? Losing water quality and quantity?

Energy companies are not required to test water quality even though the ERCB knew a decade ago that hydraulic fracturing in Alberta was causing serious damages

ERCB (now AER) Bulletin 2011-29: Massive Deregulation to Alberta-wide Framework for Well Spacing for Conventional and Unconventional Oil and Gas Reservoirs

The Intimidation of Ernst: Warrantless Members of Harper Government’s Anti-terrorist Squad Intimidate and Harass Ernst after her Legal Papers were Served on Encana, the EUB (now AER) and Alberta Environment

2009 02 12 RCMP Harassment & Intimidation of Ernst at her Home

EUB [now ERCB] Bulletin 2005-33: Shallow Fracturing Operations: New Requirements, Restricted Operations, and Technical Review Committee

2005 November 24: EUB Manager Jim Reid judges Jessica Ernst making criminal threats after she asked the EUB for help and filed extensive evidence of Encana’s non-compliance in her community:

2005 11 24 EUB now AER Jim Reid Charter violating, banishment letter, judging Ernst criminal without evidence or charges instead of regulate law violating Encana

The EUB copied their intimidation letter to security and surveillance branch and the RCMP but Ernst was never arrested, fingerprinted or charged. (Only dangerous gases in the community’s drinking water were fingerprinted with results indicating Encana the culprit!)

2004 May 12 EUB Manager Jim Reid’s warning presentation to industry:

2004 05 12 AER, then EUB, Manager Jim Reid presentation on high risk shallow frac operations 1

2004 05 12 AER, then EUB, Manager Jim Reid presentation on high risk shallow frac operations 5

2004 05 12 AER, then EUB, Manager Jim Reid presentation on high risk shallow frac operations 3

2004 05 12 AER, then EUB, Manager Jim Reid presentation on high risk shallow frac operations 2

2004 05 12 Jim Reid EUB ERCB now AER shallow operations can be 'high risk'

2004 March 2: Encana intentionally, illegally, repeatedly fractures two Rosebud drinking water aquifers without consulting affected water users:

2004 03 2 Encana 5 14 27 22 W4M Fractured Rosebud Aquifers

Encana Shallow CBM Well 05-14-27-22-W4M Slide 57 in 2012 09 22 From Cape Town To Yukon Whitehorse

Above schematic from HCL’s 2004 investigation into the first water wells that went bad in the Rosebud River valley.

HCL, hired by Encana, avoided key damning Encana data and suggested the unnaturally high nitrogen levels in Rosebud drinking water wells (Encana injected 18 million litres of nitrogen into the community’s drinking water aquifers) was normal because high nitrogen was also found in Calmar water wells over 300 kilometers away (where energy wells are dangerously leaking gases via soils to surface).

EnCana Shallow CBM Well Rosebud Alberta 05-14-27-22-W4M

2003 Encana 5-14-22-27-W4M Shallow Casing Perforations frac'd in 2004 into Rosebud Drinking Water Aquifers from Alberta Groundwater Centre Database

Encana perf data on file at Alberta’s publicly accessible groundwater centre database

2003 EnCana's CBM Gas well 05-14 Intentional Frac's into Rosebud Drinking Water Aquifers as filed on Alberta's Groundwater Centre Database




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