Three Sisters Mountain Development

In the Spring of 2021, the Town of Canmore voted against the approval of proposed commercial and residential development on lands known as Smith Creek and Three Sisters Village. The project proponent appealed this Town decision to the Land and Property Rights Tribunal under section 619 of the Municipal Government Act (Alberta). The primary legal issue in the appeal was whether the proposed developments are consistent with an environmental impact assessment decision for the subject lands issued by the Natural Resources Conservation Board back in 1991. The Yellowstone to Yukon Conservation Initiative Society (Y2Y) sought to intervene in the Tribunal appeal proceedings to assert that the proposed development is not consistent with the 1991 NRCB decision and, in particular, that the proposed development does not adequately address cumulative effects, impacts on the full range of wildlife species in the area, and the need for effective wildlife movement corridors in the region.

Y2Y retained the Clinic as legal counsel to advise Y2Y on seeking intervener status in the Fall of 2021 and to represent Y2Y in the Tribunal appeal proceedings which took place remotely in March 2022. As legal counsel, the Clinic assisted Y2Y with hearing preparation, written argument, evidence submission, preparation of witnesses, and final argument.

The Tribunal granted the appeal by the project proponent, and the Town of Canmore has appealed this decision at the Alberta Court of Appeal.