The Chippewas of the Thames First Nation is asking the Supreme Court of Canada for leave to appeal a lower court’s decision and allow the First Nation to take action against Enbridge Inc., the National Energy Board and the Attorney General of Canada over Line 9, which runs between Sarnia, Ont., and Montreal. At the heart of its legal case is a question over the duty of the Crown to consult and accommodate First Nations on concerns related to the potential effects of the pipeline on their Aboriginal and treaty rights.
“The case has huge implications for First Nations across the country,” said Chippewas of the Thames First Nation Chief Leslee White-Eye. “The corporations running the pipeline shouldn’t be the ones fulfilling the constitutional obligations.” After the NEB approved Enbridge’s application, the First Nation appealed the board’s decision at the Federal Court of Appeal but it was dismissed in October.
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