Today the Supreme Court of Canada rejected Alberta landowner Jessica Ernst's legal challenge to sue the Alberta Energy Regulator (AER) for denying her right to freedom of expression under the Canadian Charter of Rights and Freedoms. The court said that Ernst should have launched a judicial review of how the AER handled and defended the immunity clauses that shield government bodies from lawsuits.
In 2007, Ernst launched a multimillion-dollar suit against the regulator, Alberta Environment and Calgary-based energy company Encana for negligence that contaminated her well water. Similar to cases in Josh Fox's documentary Gasland, her well is so contaminated with methane that she can light the water on fire.
(Photo of Jessica Ernst by Colin Smith)