Woman can't sue Alberta regulator in fracking case: Supreme Court

OTTAWA — The Supreme Court of Canada says an Alberta woman cannot sue the province's energy regulator as part of her claim that hydraulic fracturing so badly contaminated her well that the water can be set on fire.

Jessica Ernst began legal action against the regulator and Calgary-based energy company Encana (TSX:ECA) in 2007 and later amended her statement of claim to include Alberta Environment.

She alleges that fracking on her land northeast of Calgary released hazardous amounts of methane and other chemicals into her well and that her concerns were not properly investigated.

Ernst claimed the regulator breached her constitutional right to free speech.

She said that from November 2005 to March 2007, the regulator's compliance branch cut off contact with her until she agreed to raise her concerns only with the regulator and not through the media or other public means.

Ernst claimed that infringed her charter right to free speech by restricting her communication — effectively punishing her for the public criticism and preventing her from speaking out further.

The Alberta courts turned down a provincial attempt to be struck from the case but exempted the Alberta Energy Regulator, citing immunity provisions in provincial law.

The Supreme Court agreed to hear Ernst's plea to include the regulator, but ruled against her Friday in a 5-4 judgment.

The Canadian Press