Kearl Oil Sands Project

11. The Alberta Hansard proceedings 1 dated March 21, 2005 set out the rationale for
amendments to the APJA, in part arising out of the Supreme Court of Canada decision
Paul v. British Columbia (Forest Appeals Commission), a case centered on section 35
rights. In Hansard, during second reading, the Minister of Justice and Attorney General
said the following at page 355:
Bill 23 is designed to clarify which Alberta tribunals and boards have the jurisdiction to determine
which constitutional questions.
. . . the major boards were also asked by our team to indicate and itemize the type and kind of
jurisdiction required by them to discharge their statutory functions.
. . .many boards have demonstrated the clear need and capacity to determine constitutional
issues; for example, the Energy and Utilities Board and the Labour Relations Board routinely are
asked to consider constitutional issues and have a demonstrated capacity in handling them. The
Workers’ Compensation Board and appeal tribunal did not wish to have jurisdiction over the
Charter and aboriginal law issues, as these issues simply did not arise very often . . .
And at page 356:
It will allow boards, such as the Energy and Utilities Board, to decide constitutional questions
when appropriate, but it will allow the very same board to refer issues that it believes may be
beyond its capacity to the court for determination.
And on April 20, 2005, at third reading, the Minster of Advanced Education and
Government House Leader, on behalf of the Minister of Justice and Attorney General,
said at page 942:
To conclude, Mr. Speaker, Bill 23 is a necessary piece of legislation that will greatly enhance the
administration of justice by clarifying the roles of our boards and tribunals while at the same time
maximizing meaningful access to justice.
12. Consistent with the description of board jurisdiction provided in Hansard by the
Minister of Justice and Attorney General, the Workers’ Compensation Board’s
jurisdiction is limited to “questions of constitutional law arising from the federal or
1 Alberta Hansard, March 21, 2005, pages 355 and 356, and April 20, 2005 at p. 942
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