National Energy Board Ministerial Briefing Binder – Current Litigation (4 November 2015)
BACKGROUNDER
6.4
| PROJECT NAME | Description of Challenge | Parties | Court Filing Date | Court and Docket Number | Summary | Current Status |
|---|---|---|---|---|---|---|
| TransCanada PipeLines Limited’s Niagara Line | Leave to appeal, or alternatively, judicial review related to the Board’s decisions on a landowner complaint. | James Juras v. TransCanada PipeLines Limited | 2015-08-07 | Federal Court of Appeal A-350-15 |
The applications cite concerns with, among other things, TransCanada’s reclamation work on the applicant’s property in Ontario, and the Board’s decisions related to those activities. | No update |
| Enbridge Northern Gateway (OH-4-2011) [Folder 620327] |
Applications for judicial reviews of the Joint Review Panel Report | ForestEthics Advocacy, Living Oceans Society and Raincoast Conservation Foundation (A-56-14); Haisla Nation (A-63-14); Gitxaala Nation (A-64-14); BC Nature (A-59-14); Gitga’at First Nation (A-67-14) v. Northern Gateway Pipelines Limited Partnership and others | 2014-01-17 2104-01-20 |
Federal Court of Appeal Consolidated file number: A-437-14 Consolidated short form name: Gitxaala Nation and others v. Canada (A-G) and others |
The applicants filed judicial review applications related to the JRP report. The applications raise issues relating to findings of fact made by the Panel; upstream and downstream economic effects; alleged breaches of the CEAA, 2012 and the Species at Risk Act; the adequacy of Crown consultation and First Nations rights and title | By order of the Court on 17 December 2014, the 9 applications for judicial review of the JRP report, the 5 applications for judicial review of the GIC decision, and the 4 appeals on the issuance of the NEB Certificates, were consolidated. The Court has set the consolidated matters down for a six-day hearing, which took place in early October 2015 in Vancouver, BC |
| Enbridge Line 9B (OH-002-2013 |
Application for leave to appeal the NEB’s decision on Line 9B | Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., NEB, Canada (A-G) | 2014-04-07 (leave) 2014-08-01 (appeal |
Federal Court of Appeal A-358-14 |
The applicants applied for leave to appeal the NEB’s decision on Line 9B. Issues raised include the Crown’s duty to consult and accommodate. The Court granted leave on 4 June 2014 |
A one-day hearing was held in Toronto, ON, on 16 June 2015. Waiting for the Court’s decision. |
| Trans-Mountain Expansion Project (OH-001-2014) |
Leave to Appeal Hearing Order OH-001-2014 | Tsleil-Waututh Nation v. NEB, Trans Mountain Pipeline ULC, and Canada (A-G) | 2014-05-02 (leave) 2014-09-08 (appeal) |
Federal Court of Appeal A-386-14 |
The applicants applied for leave to appeal the issuance of the Hearing Order for this project. Issues raised included errors of law or jurisdiction; the adequacy of Crown consultation and accommodation; compliance with CEAA, 2012; and duty of fairness owed to participants in the hearing. The Court granted leave on 10 July 2014. |
One day hearing was held on 27 October 2015 in Vancouver, BC. |
| Enbridge Northern Gateway (OH-4-2011) [Folder 620327] |
Leave to appeal the NEB’s issuance of Certificate | ForestEthics Advocacy Association, Living Oceans Society and Raincoast Conservation Foundation (leave 14-A-38, appeal A-514-14); Haisla Nation (leave 14-A-51, appeal A-522-14); Gitxaala Nation (leave 14-A-50, appeal A-520-14); Unifor (leave 14-A-52, appeal A-517-14) v. Northern Gateway Pipelines Limited Partnership and others | 2014-07-11 | Federal Court of Appeal Consolidated file number: A-437-14 Consolidated short form name: Gitxaala Nation and others v. Canada (A-G) and others |
The applicants filed for leave to seek judicial review of the decisions of the GIC. Issues raised relate to alleged errors made by the JRP; the adequacy of Crown consultation and accommodation of First Nations; First Nations rights and title; and adequacy of GIC’s reasons for its decision. The FCA granted the leaves on 26 September 2014 |
By order of the Court on 17 December 2014, the 9 applications for judicial review of the JRP report, the 5 applications for judicial review of the GIC decision, and the 4 appeals on the issuance of the NEB Certificates, were consolidated. The Court has set the consolidated matters down for a six-day hearing, which took place in early October 2015 in Vancouver, BC |
| Enbridge Northern Gateway (OH-4-2011) [Folder 620327] |
Leave to seek a judicial review of the Governor-in-Council decision (The NEB is not a respondent |
ForestEthics Advocacy Association, Living Oceans Society and Raincoast Conservation Foundation (leave 14-A-39, JR A-440-14); Haisla Nation (leave 14-A-45, JR A-447-14); Gitxaala Nation (leave 14-A-41, JR A-437-14); BC Nature (leave 14-A-43, JR A-443-14); Unifor (leave 14-A-44, JR A-442-14); Gitga’at First Nation (leave 14-A-46, JR A-445-14); Kitasoo Xai’Xais Nation, and Heiltsuk Nation (leave 14-A-42, JR A-448-14); Nadleh Whut’en Band and Nak’azdli Band (leave 14-A-48, JR A-439-14); Haida Nation (leave 14-A-47, JR A-446-14) v. Northern Gateway Pipelines Limited Partnership and others | 2014-07-11 | Federal Court of Appeal Consolidated file number: A-437-14 Consolidated short form name: Gitxaala Nation and others v. Canada (A-G) and others |
The applicants filed for leave to seek judicial review of the decisions of the GIC. Issues raised relate to alleged errors made by the JRP; the adequacy of Crown consultation and accommodation of First Nations; First Nations rights and title; and adequacy of GIC’s reasons for its decision. The FCA granted the leaves on 26 September 2014. |
By order of the Court on 17 December 2014, the 9 applications for judicial review of the JRP report, the 5 applications for judicial review of the GIC decision, and the 4 appeals on the issuance of the NEB Certificates, were consolidated. The Court has set the consolidated matters down for a six-day hearing, which took place in October 2015 in Vancouver, BC. |
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