The New Brunswick Anti-Shale Gas Alliance is taking the province of New Brunswick to court over fracking. Their Regina-based lawyer Larry Kowalchuk will argue that fracking violates Section 7 of the Charter of Rights and Freedoms guaranteeing all persons the right to life and security of their person (including the right to health and to clean drinking water). Their statement of claim seeks a moratorium on fracking until scientific studies demonstrate that it can be done safely. The provincial government has until to July 14 to respond to this claim.
The Council of Canadians Saint John chapter is a member of the Alliance, and chapter activist Carol Ann Ring is a plaintive in the case.
CBC reports, “The New Brunswick Anti-Shale Gas Alliance and three citizens [James David Emberger, Roy L. Ries and Carol Ann Ring] are suing the provincial government over plans to develop the industry in New Brunswick. The alliance, which represents 22 community organizations, and the three other plaintiffs, filed a notice of action and statement of claim with the Court of Queen’s Bench in Saint John on Monday, alleging Charter of Rights and Freedoms violations.”
“Larry Kowalchuk, who represents the group, says the government has violated the Charter rights of New Brunswickers to life, liberty and security by moving forward with shale gas exploration without consulting citizens.”
“[The statement of claim calls] for a moratorium on the development of “unconventional oil and gas exploration” until the government can establish ‘beyond a reasonable doubt and with scientific certainty … that it will not contribute to climate change, nor to the contamination of the water, air and land use which causes harm to the health of the plaintiffs and their future generations’. …The documents filed with the court cite concerns about hydraulic fracturing, alleging the process causes ‘serious harm to both the environment and human health’, including ‘permanently contaminating and depleting finite clean water and air supplies for both present and future generations’.”
“The 16-page statement of claim also outlines concerns about leaks, spills, illegal dumping of waste water, and a disruption to rural life.”
The Times & Transcript notes, “[Plaintiff Jim] Emberger said they will present a variety of studies that show that there is risk involved. He pointed in particular to a recent call from the Council of Canadians, which called on the Atlantic premiers to ban fracking, following a Council of Canadian Academies report last month. …The [Council of Canadians] letter raises a number of concerns including leaks from incompletely sealed wells, chemical migration underground and in the flowback and well deterioration and impacts of leaks on groundwater and on greenhouse gas emissions to the atmosphere.”
The Alliance has raised $100,000 from donors to pursue this court challenge.
The provincial government now has 20 days to respond to respond to this statement of claim. The Canadian Press adds, “The province was not immediately available for comment.”
