A judge has ordered Alberta to release a large stockpile of coal documents after a 4-year battle

The Alberta government must release thousands of documents about efforts to encourage coal mining in the Rocky Mountains after a judge refused to block their release.

In rejecting the government's request for a judicial review of the documents order, Justice Kent Teskei warned the province that courts would look poorly at using delays to suppress public efforts to understand how important decisions are being made.

“Requesting parties have been effectively denied access to information to which they are entitled by law, and this court does not preclude that action by the exercise of judicial review,” he wrote in Friday's ruling.

“If government agencies are unwilling or unable to meet their obligations under (the Freedom of Information Act) in a timely manner, they should expect that courts may apply heightened scrutiny to the availability of judicial review.”

The ruling comes in a bid by a group of southern Alberta ranchers to understand why the United Conservative Party government chose in 2020 to scrap a decades-old policy that blocked open-pit coal mining from the beloved Southern Foothills and Rockies landscapes.

In 2020, the group requested briefing notes, internal memos, reviews, reports and correspondence from Alberta Energy.

The legislation provides that a government agency has 30 days to take reasonable steps to respond, but can extend that by 30 days. These extensions were filed again and again, and after 15 months, the department had released 30 pages of 6,539 records.

Finally, he refused to release any more, taking advantage of the benefits allowed by law. The farmers have appealed the decision to the Information and Privacy Commissioner's Office, and the relief is not allowed.

The judge rejected the government's request for a judicial review of the decision, saying it was based on too many loopholes to discuss in cabinet.

“Cabinet confidence is essential to ensure free and unhindered government consultation, but it does not allow for secretive governance,” Teskey wrote.

Also, according to the judge, the government changed the number of documents without explanation, reducing the original number by more than a third.

“I am concerned about the casual approach taken by Alberta Energy in representing the number of records before the commissioner,” Teskey wrote.

Timely access is key

His ruling underscored the importance of timely access to government documents.

“Every Albertan has a broad right of access to their government's records. This is an important pillar of a functional democracy.

“It's hard not to look at the history of this issue and see the critical rights afforded by access to information as largely illusory.”

Laura Laing, one of the ranchers who made the request for information, said the four-year struggle was worth it.

“I think (the government) expects people to give up. We are engaged in animal husbandry. We are brutal.'

Lane said he has received 609 pages of documents so far, many of which have been heavily redacted.

“It may take years to remove all the amendments. But we will be strong.”

Reacting to the court's decision, Minister of Energy and Minerals Brian Jean believes that his department has fairly fulfilled the request of the ranchers.

“We released thousands of documents,” Jean said.

“It's my understanding that we have and we've released everything that's required by law. Of course, based on the best legal advice, there are opportunities to restrict some documents, and that's certainly what we've taken and there is. There's an appeals process for that, and of course if they want to appeal, that's well and they can do it.”

Jean said his ministry would consider appealing the judge's decision because he believed it would affect the credibility of his cabinet.

Sarah Elmelii, a moderate critic of the opposition “New Democratic” party, believes that these documents should be published in full.

“The government exists to serve the people.

“The public has been asking for detailed information on coal policy and how these coal mining permitting decisions are made. And it's the government's responsibility to ensure that accountability and transparency. That's their job.”

Coal bid hearing this spring

The government's policy decision that sparked the farmers' petition was later reversed. But Laing said it's important to first understand how it's made.

“Nothing about this coal file made sense from the start. We and Albertans deserve to know the truth behind these decisions.”

Alberta Energy could not immediately comment on the decision.

The department recently instructed the province's energy regulator to review an Australian coal company's exploration license applications in the Rockies. Those applications will go to public hearings this spring.

In January, the Globe and Mail reported that Alberta's Office of the Information and Privacy Commissioner had launched a review of a number of government departments for non-compliance with the province's access to information law.

In an investigation into freedom of information in Canada, the newspaper found that Alberta was the only province to refuse to release key information about the operation of its system.