2017 Harvest

2017 Harvest

Tuesday, December 22, 2015

COTTFN files for leave to appeal to the Supreme Court in Enbridge Line 9B case

In October, I posted about the Federal Court of Appeal decision to deny an appeal by the Chippewas of the Thames First Nation ("COTTFN") from the decision of the National Energy Board ("NEB") approving the Enbridge Line 9B Reversal and Line 9 Capacity Expansion Project application.  COTTFN has now filed an application for leave to appeal the Federal Court of Appeal's decision to the Supreme Court of Canada.  Given that there was a dissenting opinion from one of the FCA judges and that the subject matter of the appeal concerns the role of administrative tribunals in relation to the Crown's duty to consult with and accommodate First Nations, there would seem to be a good chance that leave will be granted.