A suit filed by Rosebud landowner Jessica Ernst alleging water contamination, will go ahead, but without the Energy Resource Conservation Board (ERCB).
    Ernst filed a $33 million suit against Encana, Alberta Environment and the ERCB. The claims are for damaging her water well and the Rosebud aquifer. She alleges Encana’s exploration for coal bed methane in the area between 2001 and 2006 resulted in contamination. Her case drew wide notoriety after it was shown gas levels in her water were so high they could be lit.
    The ERCB was named in the suit alleging it was negligent as a regulator, and it should have taken steps to protect her water from contamination.
    The ERCB made application to have its name struck from the suit. The Honourable Justice Neil Whitmann made a judgment agreeing with the ERCB and removed a number of paragraphs naming the ERCB.  Ernst also had a Charter of Rights claim against the ERCB alleging her Freedom of Speech was violated. Justice Whittman agreed this claim was valid, however the Limitations Act bars this from proceeding.
    Ernst launched her lawsuit in 2007.   This claim was amended twice. In June of last year a “Fresh Statement of Claim” was filed, which was the subject of this most recent application.
    According to a report on The Tyee, a daily online news magazine, Ernst is planning to appeal the decision.
    In August of this year, Encana filed a Statement of Defense, explaining that Encana did not use what is known as hydraulic fracturing, but used nitrogen to stimulate two wells near Ernst’s property. Both wells were deemed unproductive.
    The statements in the above claims have not been proven in court.

    The County of Stettler has fired back with a response to allegations made by the Wildrose Party into possible violations of election laws.  
    The Mail reported in its September 18 edition that MLA Shane Saskiw requested the investigation. This stemmed from a Freedom of Information request that showed an e-mail from an employee of Stettler County mentioning a Facebook page that supported former MLA Jack Hayden. There were also allegations that county trucks were used to set up election signs.
    The county issued a press release explaining the findings of its review of the information asked for in the request.
    “There was no evidence to suggest that either of those activities have or are currently taking place. They also made allegations that we have stopped using e-mail, which is also a baseless accusation. We rely on e-mail to keep our office running productively and efficiently, says CAO, Tim Fox in a press release.
    Stettler County Reeve Wayne Nixon said there were at least four requests from the Wildrose Party.  One was for any partisan activities back to 2004. One request was for e-mails between the county’s CAO and director of communications with Jack Hayden.
    “That one told me they were on a witch-hunt right then,” said Nixon.
    A third request, according to Nixon was any e-mails between Hayden and the county’s bylaw enforcement officers.
    “The last one I found really strange was they FOIP–ed the CAO’s employment record with the county,” said Nixon.
    Nixon said the initial request that dates back to 2004 and the county realized it was going to be expensive. At the time, they were not willing to do it free of charge. The county asked for $2,000 up front before they began, and it was delivered to the office in cash. They since relented and returned the funds to the requestor.
    “To the administration it was like having something hanging over their heads having all of these allegations,” said Nixon.
    The county did release the findings of these probes publicly.  According to its release, from 2004 to 2009 the county paid out $3,440 for councillors and $3,100 for staff to “attend politically-associated events.”  He said these were events like premier’s dinners or golf tournaments.
    “Unfortunately, at the time, it was not uncommon for municipalities to attend political events in order to have face time with Ministers and other government officials. The County Council at that time was trying to build relationships that have benefited our community in many ways including the rural water distribution system, Fenn Road and other important community infrastructure,” states Reeve Nixon. “However, the most recent council has put a stop to such partisan behavior and no expenditures on these types of events have been made since our council took office in October of 2010.”
    He feels residents may be tiring of this type of politics.
    “The majority of people don’t want them to waste money on a witch-hunt, because of all the other issues. I am pretty sure that is why they were elected, it was issues with health care and education, seniors housing; you can go on and on. Come up with something constructive,” said Nixon.