This legal challenge at the Supreme Court of Canada comes as a response to the failure of the Canadian government to properly consult Chippewas of the Thames First Nation (COTTFN) for Enbridge’s Line 9 pipeline reversal project. Despite the community’s objections, including intervening at the National Energy Board hearings, the Canadian government allowed the project to go ahead, breaching their duty towards Indigenous nations as outlined in treaties and affirmed in the Canadian Charter.
The first hearing of the case at the Canadian Federal Court of Appeals resulted in a ruling against COTTFN, but generated a strong dissenting opinion in the 2-1 decision. With this, COTTFN applied to the SCC to challenge this ruling, and were granted “leave to appeal. As COTTFN is bringing this challenge forward, Clyde River Inuit have launched a similar legal challenge regarding seismic blast testing in waters near their community. COTTFN and Clyde River have joined together to prepare a legal argument for the necessity and nature of consultation and consent. Proceedings will start in late-November 2016.
Supreme Court of Canada Docket Page:
Chippewas of the Thames Factum for the Line 9 case before the Supreme Court of Canada:
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