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Lawyers ask Alberta court to allow businesses to seek damages from gov’t for COVID shutdown

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8 minute read

 From LifeSiteNews

By Anthony Murdoch

If the case is allowed to proceed, any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders would be eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers, which ironically includes the business owners themselves.

Alberta business owners who faced massive losses or permanent closures due to COVID mandates might soon be able to proceed with a class-action lawsuit against the provincial government after lawyers representing the businesses were in court for a certification hearing.

The court heard from the business group’s lawyers regarding the lawsuit proposal, which comes from Alberta-based Rath & Company. Lead counsel Jeffrey Rath said the Alberta government has been placed on notice for its actions against businesses during the COVID lockdown era.

The Rath lawsuit proposal names Rebecca Ingram, a gym owner, and Chris Scott, a restaurant owner, as “representative plaintiffs who suffered significant financial harm due to (former Alberta Chief Medical Officer) Dr. (Deena) Hinshaw’s Public Health Orders.”

Well-known freedom-oriented constitutional lawyer Eva Chipiuk was with Rath in court for the certification hearing. In an X post on October 3, she shared that it was an “interesting two days in court arguing on behalf of businesses impacted by Alberta’s public health orders.”

“In the heart of democratic societies lies a fundamental principle: Justice must not only be done but must also be seen to be done. When justice systems operate in the open, public trust is maintained. People need to witness fairness, impartiality, and due process in action,” she wrote.

“When governments operate in the light of public scrutiny, they uphold not just the law but the trust of their citizens, ensuring that governance is not just a mechanism of power but a beacon of justice and equality.”

Chipiuk shared that a decision on whether or not the lawsuit will be allowed to proceed will be coming in a few months. She noted it will be “interesting how the judge decides in this case.”

“And will be very interesting how the government responds. They had an opportunity to get ahead of this issue but chose not to. We shall see if they took the right path or if they will be catching up and making up later,” she said.

Alberta Justice Colin Feasby noted at the end of the court certification hearing that both sides made good arguments, but the earliest a decision would be ready is December 1.

Chipiuk and Rath told the judge that the government’s public health orders exceeded their legal authority and, as a result, all businesses affected by the COVID orders should be compensated.

The government’s legal team claimed that the COVID orders were put in place on a good faith initiative and that it was Alberta Health Services, not the government, that oversaw enforcement of the rules.

If the case is allowed to proceed, any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders would be eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers, which ironically includes the business owners themselves.

The Alberta Court of King’s Bench’s Ingram v. Alberta decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province, which in effect has allowed the class action to get this far.

As a result of the court ruling, Alberta Crown Prosecutions Service (ACPS) said Albertans facing COVID-related charges will not be convicted but instead have their charges stayed.

Thus far, Dr. Michal Princ, pizzeria owner Jesse JohnsonScott, and Alberta pastors James Coates, Tim Stephens, and Artur Pawlowski, who were jailed for keeping churches open under then-Premier Jason Kenney, have had COVID charges against them dropped due to the court ruling.

Under Kenney, thousands of businesses, notably restaurants and small shops, were negatively impacted by severe COVID restrictions, mostly in 2020-21, that forced them to close for a time. Many never reopened. At the same time, as in the rest of Canada, big box stores were allowed to operate unimpeded.

Class action is about ‘accountability, transparency, and justice,’ lawyer says

Before the hearing, Chipiuk said it is crucial for the public to “understand the significant impact of the unlawful public health orders on Albertans. The financial, psychological, and tragic consequences cannot be ignored.”

“At the end of the day, Premier Smith must recognize the gravity and optics of this situation. Fighting against those harmed by the Province’s unlawful orders, while the Province heavily favored the public sector over the private sector, does not foster an environment that encourages entrepreneurs or promotes business and investment in Alberta,” she wrote on X.

“This case calls for accountability, transparency, and justice. The Province must acknowledge the devastation caused by its illegal actions and stop evading responsibility. This case also presents an opportunity for Premier Smith to demonstrate to Albertans that government overreach will not go unnoticed, and those harmed by it will be compensated — principles that align with the proposed amendments to the Alberta Bill of Rights.”

Danielle Smith took over the United Conservative Party (UCP) on October 11, 2022, after winning the leadership. Kenney was ousted due to low approval ratings and for reneging on promises not to lock Alberta down as well as enacting a vaccine passport.

Smith, however, has been mum on the class action as well as other lawsuits against the government that are in the works. She has promised that changes will be coming to the Alberta Bill of Rights that she said will offer Albertans more protections against government overreach.

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Alberta

Alberta’s government is investing $5 million to help launch the world’s first direct air capture centre at Innisfail

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Taking carbon capture to new heights

Alberta’s government is investing $5 million from the TIER fund to help launch the world’s first direct air capture centre.

Alberta is a global leader in environmentally responsible energy production and reducing emissions, already home to two of the largest carbon capture, utilization and storage facilities operating in North America, and seeing emissions decline across the economy.

Most of the current technologies used around the world focus on facilities and worksites. Direct air capture offers a potential new way of removing greenhouse gas emissions straight from the air. If successful, the potential is huge.

Through Emissions Reduction Alberta, $5 million is being invested from the industry-led TIER program to help Deep Sky in the design, build and operation of the world’s first direct air capture innovation and commercialization centre in Innisfail. This funding will help Alberta keep showing the world how to reduce emissions while creating jobs and increasing responsible energy production.

“We don’t need punitive taxes, anti-energy regulations or nonsensical production caps to reduce emissions. Our approach is to support industry, Alberta expertise and innovation by helping to de-risk new technology. Direct air capture has some potential and is being looked at in other jurisdictions, so it’s great to see companies choosing Alberta as a place to invest and do business in.”

Rebecca Schulz, Minister of Environment and Protected Areas

“Alberta companies are leaders in developing carbon capture and storage technology. Deep Sky has the potential to take the next major step in decarbonization through direct air capture. These advancements and investments through the TIER fund are a major reason why global demand is increasing for our responsibly produced energy products.”

Brian Jean, Minister of Energy and Minerals

“Investing in Deep Sky supports Alberta’s global leadership in emissions reduction. This project accelerates cutting-edge carbon removal technologies, creates jobs and builds a platform for innovation. By capturing legacy emissions, it complements other climate solutions and positions Alberta at the forefront of a growing carbon removal economy.”

Justin Riemer, CEO, Emissions Reduction Alberta

“We are thrilled to be supported by the Government of Alberta through Emissions Reduction Alberta’s investment to help deliver a world first in carbon removals right here in Alberta. This funding will be instrumental in scaling direct air capture and creating an entirely new economic opportunity for Alberta, Canada and the world.”

Alex Petre, CEO, Deep Sky

Deep Sky is helping establish Alberta as a global leader in carbon removal – an emerging field that is expected to grow exponentially over the next decade. The new centre is located on a five-acre site and will feature up to 10 direct air capture units, allowing multiple technologies and concepts to be tested at once. Starting this summer, Deep Sky Alpha’s units will begin pulling in air, trapping carbon dioxide, transporting it by truck, and safely storing it underground at an approved site in Legal.

This new technology will give Alberta’s oil and gas, energy and utilities, cement and heavy industry, and agriculture and agri-tech sectors new technologies to reduce emissions, while creating local jobs and reinforcing Alberta’s position as a global leader in responsible energy development.

Quick facts

  • Deep Sky aims to capture 3,000 tonnes of emissions each year and estimates creating 80 construction jobs, 15 permanent jobs, and more than $100 million in local economic benefit over the next 10 years, including regional development in rural communities.
  • Research shows that carbon capture technology is safe and effective. Careful site selection and rigorous monitoring serve to ensure the injected carbon dioxide remains sequestered thousands of metres below the surface, with no impact on fresh water, plants or the soil.
  • Provincial funding for this project is delivered through Emissions Reduction Alberta’s Continuous Intake Program, funded by Alberta’s industry-funded Technology Innovation and Emissions Reduction (TIER) system.

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Alberta

The permanent CO2 storage site at the end of the Alberta Carbon Trunk Line is just getting started

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Wells at the Clive carbon capture, utilization and storage project near Red Deer, Alta. Photo courtesy Enhance Energy

From the Canadian Energy Centre

By Deborah Jaremko

Inside Clive, a model for reducing emissions while adding value in Alberta

It’s a bright spring day on a stretch of rolling farmland just northeast of Red Deer. It’s quiet, but for the wind rushing through the grass and the soft crunch of gravel underfoot.

The unassuming wellheads spaced widely across the landscape give little hint of the significance of what is happening underground.

In just five years, this site has locked away more than 6.5 million tonnes of CO₂ — equivalent to the annual emissions of about 1.5 million cars — stored nearly four CN Towers deep beneath the surface.

The CO₂ injection has not only reduced emissions but also breathed life into an oilfield that was heading for abandonment, generating jobs, economic activity and government revenue that would have otherwise been lost.

This is Clive, the endpoint of one of Canada’s largest carbon capture, utilization and storage (CCUS) projects. And it’s just getting started.

 

Rooted in Alberta’s first oil boom

Clive’s history ties to Alberta’s first oil boom, with the field discovered in 1952 along the same geological trend as the legendary 1947 Leduc No. 1 gusher near Edmonton.

“The Clive field was discovered in the 1950s as really a follow-up to Leduc No. 1. This is, call it, Leduc No. 4,” said Chris Kupchenko, president of Enhance Energy, which now operates the Clive field.

Over the last 70 years Clive has produced about 70 million barrels of the site’s 130 million barrels of original oil in place, leaving enough energy behind to fuel six million gasoline-powered vehicles for one year.

“By the late 1990s and early 2000s, production had gone almost to zero,” said Candice Paton, Enhance’s vice-president of corporate affairs.

“There was resource left in the reservoir, but it would have been uneconomic to recover it.”

Facilities at the Clive project. Photo courtesy Enhance Energy

Gearing up for CO2

Calgary-based Enhance bought Clive in 2013 and kept it running despite high operating costs because of a major CO2 opportunity the company was developing on the horizon.

In 2008, Enhance and North West Redwater Partnership had launched development of the Alberta Carbon Trunk Line (ACTL), one of the world’s largest CO2 transportation systems.

Wolf Midstream joined the project in 2018 as the pipeline’s owner and operator.

Completed in 2020, the groundbreaking $1.2 billion project — supported by the governments of Canada and Alberta — connects carbon captured at industrial sites near Edmonton to the Clive facility.

“With CO2 we’re able to revitalize some of these fields, continue to produce some of the resource that was left behind and permanently store CO2 emissions,” Paton said.

Map of the Alberta Carbon Trunk Line courtesy of Wolf Midstream

An oversized pipeline on purpose

Each year, about 1.6 million tonnes of CO2 captured at the NWR Sturgeon Refinery and Nutrien Redwater fertilizer facility near Fort Saskatchewan travels down the trunk line to Clive.

In a unique twist, that is only about 10 per cent of the pipeline’s available space. The project partners intentionally built it with room to grow.

“We have a lot of excess capacity. The vision behind the pipe was, let’s remove barriers for the future,” Kupchenko said.

The Alberta government-supported goal was to expand CCS in the province, said James Fann, CEO of the Regina-based International CCS Knowledge Centre.

“They did it on purpose. The size of the infrastructure project creates the opportunity for other emitters to build capture projects along the way,” he said.

CO2 captured at the Sturgeon Refinery near Edmonton is transported by the Alberta Carbon Trunk Line to the Clive project. Photo courtesy North West Redwater Partnership

Extending the value of aging assets

Building more CCUS projects like Clive that incorporate enhanced oil recovery (EOR) is a model for extending the economic value of aging oil and gas fields in Alberta, Kupchenko said.

“EOR can be thought of as redeveloping real estate,” he said.

“Take an inner-city lot with a 700-square-foot house on it. The bad thing is there’s a 100-year-old house that has to be torn down. But the great thing is there’s a road to it. There’s power to it, there’s a sewer connection, there’s water, there’s all the things.

“That’s what this is. We’re redeveloping a field that was discovered 70 years ago and has at least 30 more years of life.”

The 180 existing wellbores are also all assets, Kupchenko said.

“They may not all be producing oil or injecting CO2, but every one of them is used. They are our eyes into the reservoir.”

CO2 injection well at the Clive carbon capture, utilization and storage project. Photo for the Canadian Energy Centre

Alberta’s ‘beautiful’ CCUS geology

The existing wells are an important part of measurement, monitoring and verification (MMV) at Clive.

The Alberta Energy Regulator requires CCUS projects to implement a comprehensive MMV program to assess storage performance and demonstrate the long-term safety and security of CO₂.

Katherine Romanak, a subsurface CCUS specialist at the University of Texas at Austin, said that her nearly 20 years of global research indicate the process is safe.

“There’s never been a leak of CO2 from a storage site,” she said.

Alberta’s geology is particularly suitable for CCUS, with permanent storage potential estimated at more than 100 billion tonnes.

“The geology is beautiful,” Romanak said.

“It’s the thickest reservoir rocks you’ve ever seen. It’s really good injectivity, porosity and permeability, and the confining layers are crazy thick.”

Suitability of global regions for CO2 storage. Courtesy Global CCS Institute

CO2-EOR gaining prominence 

The extra capacity on the ACTL pipeline offers a key opportunity to capitalize on storage potential while addressing aging oil and gas fields, according to the Alberta government’s Mature Asset Strategy, released earlier this year.

The report says expanding CCUS to EOR could attract investment, cut emissions and encourage producers to reinvest in existing properties — instead of abandoning them.

However, this opportunity is limited by federal policy.

Ottawa’s CCUS Investment Tax Credit, which became available in June 2024, does not apply to EOR projects.

“Often people will equate EOR with a project that doesn’t store CO2 permanently,” Kupchenko said.

“We like to always make sure that people understand that every ton of CO2 that enters this project is permanently sequestered. And we take great effort into storing that CO2.”

The International Energy Forum — representing energy ministers from nearly 70 countries including Canada, the U.S., China, India, Norway, and Saudi Arabia — says CO₂-based EOR is gaining prominence as a carbon sequestration tool.

The technology can “transform a traditional oil recovery method into a key pillar of energy security and climate strategy,” according to a June 2025 IEF report.

Drone view of the Clive project. Photo courtesy Enhance Energy

Tapping into more opportunity

In Central Alberta, Enhance Energy is advancing a new permanent CO2 storage project called Origins that is designed to revitalize additional aging oil and gas fields while reducing emissions, using the ACTL pipeline.

“Origins is a hub that’s going to enable larger scale EOR development,” Kupchenko said.

“There’s at least 10 times more oil in place in this area.”

Meanwhile, Wolf Midstream is extending the pipeline further into the Edmonton region to transport more CO2 captured from additional industrial facilities.

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