Leave to Appeal – Duty to Consult – National Energy Board
The Supreme Court of Canada granted leave to appeal with costs to the Chippewas of the Thames First Nation in respect of the decision of the Federal Court of Appeal in Chippewas of the Thames First Nation v Enbridge Pipelines Inc., (2015 FCA 222).
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 Chippewas of the Thames First Nation to quash the NEB’s approval of the Line 9B Reversal and Line 9 Capacity Expansion Project, in Hearing Order OH-002-2013. The Chippewas of the Thames First Nation applied to the Federal Court of Appeal on the basis that the NEB had no jurisdiction to issue exemptions and authorizations to Enbridge Pipelines Inc. prior to the Crown’s fulfilment of its duty to consult and accommodate the Chippewas of the Thames First Nation. The Federal Court of Appeal dismissed the appeal of the Chippewas of the Thames First Nation.
The Supreme Court noted that the appeal in this instance will be heard together with Hamlet of Clyde River Inc., et al. v. Petroleum Geo-Services Inc., et al.
