Key Issues:

• Whether 42 records related to Alberta’s coal policy changes were protected under public interest immunity.
• The Alberta government argued that disclosing these documents would interfere with Cabinet decision-making.
• The respondents (coal companies) sought disclosure, claiming the policy changes constructively expropriated their coal interests.

Background:

• The 1976 Alberta Coal Policy categorized lands by restrictions on coal development.
• 2020: The policy was rescinded, allowing new coal exploration on Category 2 lands.
• 2021: The rescission was reversed, reinstating restrictions and adding a mountaintop removal ban.
• 2022: A suspension on coal exploration was imposed indefinitely.
• The companies claimed these regulatory shifts deprived them of coal interests without compensation.

Court of Appeal Decision:

• The government’s appeal was largely allowed—most documents remain confidential.
• The court ruled that public interest immunity extends beyond Cabinet discussions to include:
  • Advice from civil servants
  • Drafts of policy documents
  • Ministerial communications related to decision-making
• The case management judge applied an overly narrow test, requiring disclosure only if a document revealed direct Cabinet deliberations.
• The Court of Appeal rejected this approach, citing Ontario (Attorney General) v Ontario (Information and Privacy Commissioner), 2024 SCC 4.
• Exception: One set of records (paragraph 14) was ordered disclosed.
• No monetary damages were awarded.