Top court delivers landmark rulings on consultation process with Indigenous Peoples over energy projects
By John Paul Tasker, CBC News, July 26, 2017
The Supreme Court of Canada has quashed plans for seismic testing in Nunavut, delivering a major victory to Inuit who argued they were inadequately consulted before the National Energy Board gave oil companies the green light to conduct the disruptive activity. Read the rest of this entry
Top court to rule on consultation process over energy projects
By John Paul Tasker, CBC News, July 25, 2017
The Supreme Court will deliver two landmark rulings Wednesday that could lead to fundamental changes for Canada’s energy sector and its relationship with Indigenous Peoples.
At issue is the Crown’s constitutional obligation to consult with Indigenous Peoples before approving the construction of a pipeline or allowing a natural resources project to proceed. The top court is expected to give further details on just how much consultation is required, and who should be doing it. Read the rest of this entry
The Squamish Nation has launched another lawsuit in an effort to stop Kinder Morgan’s Trans Mountain pipeline, this time targeting the provincial government.
The petition filed in B.C. Supreme Court on April 20 asks for a judicial review of the province’s decision to grant the pipeline an environmental certificate, alleging the province failed in its constitutional duty to consult with the First Nation.
Court ruled Ottawa had not adequately consulted Indigenous peoples along project’s route
By Chris Hall, John Paul Tasker, CBC News, September 20, 2016
Northern Gateway will not appeal a recent Federal Court of Appeal decision that overturned Ottawa’s approval of the controversial pipeline project.
The court ruled in June that the federal government had not adequately consulted with Indigenous peoples who will be affected by the project, which is backed by the energy company Enbridge, and which would stretch from outside Edmonton to a marine terminal in Kitimat, B.C. Read the rest of this entry
by APTN National News, January 26, 2016
OTTAWA – There’s fresh fuel for the raging national pipeline debate as a new audit has found the National Energy Board is failing to track pipeline approval conditions or follow up on compliance problems.
The annual report from federal environment commissioner Julie Gelfand says the Calgary-based board isn’t adequately checking to ensure the safe operation of some 73,000 kilometres of existing oil and gas pipelines operated by about 100 companies. Read the rest of this entry
CBC News, Aug 25, 2015
An energy expert says the National Energy Boards’ decision to delay hearings about Kinder Morgan’s proposed Trans Mountain pipeline expansion is adding uncertainty to an already fragile industry.
The NEB postponed hearings this week because a consultant who prepared evidence in favour of the project will soon start working for the national energy regulator. Read the rest of this entry
Federal Court of Appeal denies hamlet’s request for a judicial review of permit
CBC News, Aug 18, 2015
Clyde River, Nunavut, has lost its bid to block seismic testing off its shores.
The Federal Court of Appeal has denied the Baffin Island hamlet’s request for a judicial review of a testing permit issued by the National Energy Board.
In her written decision, Justice Eleanor Dawson says the board fulfilled requirements to consult with local Inuit and that consultation doesn’t necessarily mean agreement.
She noted that efforts to ensure the tests don’t unduly harm wildlife will be ongoing. Read the rest of this entry