The documents confirm the coal lobby on mining in the Rocky Mountains

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Documents released under Alberta's freedom of information laws confirm the United Conservative Party government talked to the coal industry about easing policies protecting the Rockies from open-pit mining before unveiling those plans.

The documents also show the province talked about opening up those landscapes to the potential for more coal development for at least seven months before letting Albertans know its plans.

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The Canadian Press has seen material released to a group of ranchers in southern Alberta who have waged a four-year battle against Alberta Energy to understand why the province scrapped a decades-old policy protecting the Rockies from coal mining.

This decision sparked interest in coal exploration on thousands of hectares. It was removed after a huge public outcry from citizens who did not want open pit coal mines to open in the province's most beloved landscapes.

A judge last week blocked the government's attempt to block further release of documents related to the decision, and farmers are now waiting for thousands of pages.

During question period Tuesday, opposition NDP Leader Rachel Notley called for an apology from the UCP for forcing ranchers to go to court to get the documents.

Premier Daniel Smith has said the government will ensure everyone gets the necessary documents created under former premier Jason Kenney.

“We will abide by the court order,” Smith said. “We clearly have a change of management on file and we will prepare any documents the court may request.”

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Alberta is reviewing a potential complaint, says energy minister

Energy Minister Brian Jean said the government had already released a lot of information on coal policy.

“The (judge's) decision is being reviewed to determine whether an appeal should be filed,” he said in a statement on Tuesday. “We recognize that there is a public interest in coal mining in Alberta.”

The records obtained repeatedly refer to meetings and communications with industry on the policy before being deleted in May 2020.

In a partially redacted Jan. 20, 2020 memo to the Deputy Energy Minister: “The coal sector has been asking for the removal of coal policy for years (redacted).”

Three days later, another Alberta Energy official tweeted: “We are aware of the coal industry's concerns.”

On March 5, 2020, Alberta Deputy Ministers of Energy and Alberta Environment met with the Canadian Coal Association.

The March 9 planning document states: “The coal industry has informed Alberta that it wants the coal categories to be eliminated or significantly updated so that it can access a modern regulatory system like the rest of the resource industry.”

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So far, planning for major changes to the policies that have protected the eastern slopes of the Rockies since 1976 is well underway. The document, titled “Coal Policy—Charter for the Coal Category Review Project,” was signed by Energy, Environment and the Alberta Energy Regulator on October 29, 2019—six months after the UCP first became operational.

Among the charter's goals was to reduce “regulatory uncertainty that has led to underinvestment in the coal industry,” it said.

“Democracy dies in darkness,” the judge wrote

No municipalities, environmental groups, First Nations or other organizations said they had been contacted before the decision was announced on May 15, 2020 – the Friday before the long weekend.

The documents were issued to farmers in five separate packages between 2021 and 2023. They are strictly processed to the extent permitted by law. 605 pages of received documents are partially erased, 748 pages are completely blank.

The province's information and privacy commissioner said many of those benefits were misused and ordered Alberta Energy to produce the requested records. The government sought a judicial review of the decision, but a Crown Court judge rejected the request on Friday.

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“Democracy dies in darkness,” wrote Justice Kent Teskey.

Richard Harrison, a lawyer for the farmers, said 5,191 to 5,939 additional documents are expected. According to him, the government acknowledged a number of amendments, but did not provide information.

“Despite having waived these disputes for almost a year, the farmers have not received the records,” he wrote in an email. “The (submitted) revisions have not been removed and are still being approved.”

Laura Laing, one of the ranchers who wants the documents, said she and her colleagues want to know why.

“We were trying to better understand how these decisions were made in the first place,” he said in an interview on Monday.

The delays and revisions seemed out of place, Laing said.

“We didn't think it was transparent and we didn't think it was fair to us or Albertans.”

This Canadian Press report was first published on April 16, 2024.

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