Leave to Appeal – Duty to Consult – National Energy Board
The Supreme Court of Canada granted leave to appeal without costs to the Hamlet of Clyde River, Nammautaq Hunters & Trappers Organization – Clyde River and Jerry Natanine (collectively, the “Applicants”) in respect of the decision of the Federal Court of Appeal in Hamlet of Clyde River v. TGS-NOPEC Geophysical Company ASA (TGS), (2015 FCA 179).
The Supreme Court of Canada, as is its normal practice, did not provide reasons for its decision to allow leave to appeal.
The decision under appeal concerned a request by the Applicants for judicial review of the NEB’s decision to grant a Geophysical Operations Authorization (“GOA”) near Baffin Bay and the Davis Strait. The issues raised by the applicants in the Federal Court of Appeal concerned whether the Crown adequately fulfilled its duty to consult with the Applicants, whether the NEB erred in issuing the GOA, and whether the Crown was obliged to seek the advice of the Nunavut Wildlife Management Board prior to rendering a decision on the GOA.
The Supreme Court noted that the appeal in this instance will be heard together with Chippewas of the Thames First Nation v Enbridge Pipelines Inc. et al.
