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Message: Farmers headed to Supreme Court?
MATL fight headed to top court
Written by production Tuesday, 26 May 2009 Coaldale-area landowners, sporting a war chest bolstered by donations from Alberta farmers and ranchers, are looking to take their battle against the Montana Alberta Tie Ltd. electrical transmission line to the Supreme Court of Canada. Lawyer Scott Stenbeck had a lengthy meeting with clients earlier this week and finally got confirmation Wednesday that their ongoing battle with the private, for-profit MATL line from Lethbridge to Great Falls would continue.
"We are a go," he said.
It is the latest, and perhaps final action, landowners will take in an attempt to overturn the power line, which will have the capacity to move electricity north and south, depending on market conditions. Much of the power is to originate at three proposed major wind farms in the Conrad, Mont., area.
Stenbeck said the impetus for seeking a ruling from the top court in the land was the recent decision in the Alberta court of appeal in Calgary wasn't unanimous. Three justices handed the decision — the first in three cases Stenbeck has argued there, with two justices in favour of MATL, one in favour of the landowners.
"When that decision was split, it was an indication it was extremely close," he said. "And when the one justice wrote such a strong descenting decision, one could observe pretty rationally support for the opposing view."
Stenbeck said that decision is one reason he believes the supreme court will grant his clients leave to hear the case. He said the fact the MATL line has international implications, and that it is likely the first of more international projects for profit that will come up again, is a key reason the Supreme Court should hear the case.
Stenbeck said the rallying support of landowners, ranchers and farmers in many areas of Alberta will be vital to maintain a strong stance of his clients.
"Some are getting tired, some are getting tapped out," he said. "Not only the Lavesta group (a collection of landowners, headed by lobbyist Joe Anglin of Rimbey, who support strong surface rights legislation and private landowner rights), but many individuals who see this as a property rights issue, who feel everybody is affected, are sending money."
All funds sent to Stenbeck, through the Lethbridge and medicine hat law offices of Stringam Denecky, will flow into a trust fund destined for legal costs.
Stenbeck wasn't in a position to say how many landowners have signed on for the Supreme Court action.
“But we have enough to draft our leave of application."
The deadline for that application is Aug. 5. he expects the judges to take a few months to examine the application and a few more months to get a hearing.
"It could be 12-18 months easily before this gets into court," said Stenbeck.
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