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First Nations launch court challenges to Northern Gateway

Published by , Senior Editor
World Pipelines,


A new wave of court actions has been filed in relation to the Northern Gateway project, adding to the legal challenges dogging the Cdn$ 7.9 billion proposal and raising more questions about if and when it will proceed.

First Nations leaders said that the pipeline’s recent approval by the federal government is a constitutional violation of their aboriginal land rights in their respective territories, particularly in light of the Supreme Court of Canada victory last month by the Tsilhgot’in First Nation.

Union of B.C. Indian Chiefs Grand Chief Stewart Phillip said he was aware of at least nine separate legal actions being launched by various First Nations, as part of a co-ordinated effort to stop the project.

Phillip ruled out any sort of deal with Enbridge that could see the project go ahead for a share of the revenue or a cash payment.

Matters of land and title

The latest lawsuits also underscore the significance of a recent Supreme Court of Canada decision related to B.C.’s Tsilhqot’in Nation, which confirmed the group holds aboriginal title to a specific tract of land in the province and is being used as a springboard for new actions challenging Ottawa’s approval of Northern Gateway.

On Monday, the Gitxaala Nation and seven other groups, including the Council of the Haida Nation and the Heiltsuk Tribal Council, announced that they had filed for leave to apply for judicial review of the federal government’s approval of Northern Gateway.

Under regulatory changes introduced last year, opponents seeking to overturn federal cabinet decisions through a judicial review must first seek leave from the Federal Court of Appeal. The deadline to do so was Monday.

Other court action

Other court actions were under way before the government issued its conditional approval for Northern Gateway in June. In January, five groups – including B.C. Nature – filed lawsuits challenging the recommendation of the Joint Review Panel that recommended to government that Northern Gateway should proceed.

Those cases are in progress.

In all, about a dozen court challenges related to Northern Gateway are under way, raising the possibility of months of court disputes.


Edited from various sources by Elizabeth Corner

Read the article online at: https://www.worldpipelines.com/business-news/15072014/first_nations_launch_court_challenges_to_northern_gateway/

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