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36776

Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2017-08-03 Appeal closed
2017-07-27 Formal judgment sent to the registrar of the court of appeal and all parties
2017-07-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-07-26 General proceeding, (Letter Form), Lock up Sign-in Sheet Chippewas of the Thames First Nation
2017-07-26 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row,
The appeal from the judgment of the Federal Court of Appeal, Number A-358-14, 2015 FCA 222, dated October 20, 2015, heard on November 30, 2016, is dismissed, with costs to Enbridge Pipelines Inc.
Dismissed, with costs
2017-07-25 Correspondence received from, (Letter Form), Joint with 36692; Completed Lock-up Form and completed undertaking for remote release of judgment (Guy Régimbald) Chiefs of Ontario
2017-07-24 Correspondence received from, (Letter Form), Joint with 36692; Completed Lock-up Form and completed undertaking for remote release of judgment (Maxime Faille) Chiefs of Ontario
2017-07-20 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for in person release of judgment (Scott Robertson) Chippewas of the Thames First Nation
2017-07-20 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Jason Madden) Mississaugas of the New Credit First Nation
2017-07-20 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Nuri Frame) Mississaugas of the New Credit First Nation
2017-07-20 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Jessica Labranche) Mississaugas of the New Credit First Nation
2017-07-20 Correspondence received from, (Letter Form), joint with 36692; Completed Lock-up Form and completed undertaking for remote release of judgment (Jaimie Lickers) Chiefs of Ontario
2017-07-19 Correspondence received from, (Letter Form), joint with 36692; Completed Lock-up Form and completed undertaking for remote release of judgment (Peter Southey) Attorney General of Canada
2017-07-19 Correspondence received from, (Letter Form), joint with 36692; Completed Lock-up Form and completed undertaking for remote release of judgment (Manizeh Fancy, Richard Ogden) Attorney General for Ontario
2017-07-19 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Joshua Jantzi) Enbridge Pipelines Inc.
2017-07-19 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Douglas E. Crowther, Q.C.) Enbridge Pipelines Inc.
2017-07-19 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (D. Aaron Stephenson) Enbridge Pipelines Inc.
2017-07-19 Correspondence received from, (Letter Form), joint with 36692; Completed Lock-up Form and completed undertaking for remote release of judgment (R. James Fyfe) Attorney General for Saskatchewan
2017-07-19 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for release of in-person judgment (Francis Walsh, Suzanne Jackson) Mohawk Council of Kahnawà:ke
2017-07-19 Notice of change of counsel, (Letter Form), From Douglas Crowther, Q.C. to Joshua A. Jantzi and Aaron Stephenson. Enbridge Pipelines Inc.
2017-07-19 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Martin Ignasiak) Suncor Energy Marketing Inc.
2017-07-19 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Laurel Sherret) National Energy Board
2017-07-19 Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Lauren Bell) National Energy Board
2017-07-18 Correspondence (sent by the Court) to, joint with 36692; all parties by email and regular mail, re: the Court has decided to hold a media lock-up and a separate counsel lock-up
2017-07-13 Notice of change of counsel, to Lauren Bell and Laurel Sherret National Energy Board
2017-07-12 Correspondence received from, Lauren Bell by email, re: wishes to receive the judgment remotely National Energy Board
2017-07-12 Correspondence received from, James Fyfe by email, re: wishes to receive the judgment remotely (joint with 36692) Attorney General for Saskatchewan
2017-07-10 Correspondence received from, Joshua A. Jantzi by email, re: does not oppose lock-up; wishes to receive the judgment remotely Enbridge Pipelines Inc.
2017-07-10 Correspondence received from, Scott Robertson by email, re: does not oppose media lock-up; would like to participate in simultaneous lock-up for counsel Chippewas of the Thames First Nation
2017-07-07 Correspondence received from, (Letter Form), joint with 36692; Peter Southey by email; Mr. Kindrachuk has retired. AG of Canada takes no position regarding the lockup; wishes to receive the judgment remotely. Attorney General of Canada
2017-07-06 Correspondence received from, (Letter Form), joint with 36692; Manizeh Fancy by email; wishes to receive the judgment remotely. Attorney General for Ontario
2017-07-06 Correspondence received from, (Letter Form), Martin Igansiak by email; wishes to receive the judgment remotely. Suncor Energy Marketing Inc.
2017-07-05 Correspondence received from, (Letter Form), Matthew Estabrooks by email; Wishes to receive the judgment remotely. Mississaugas of the New Credit First Nation
2017-07-05 Correspondence received from, (Letter Form), Maxime Faille by email; joint with 36692. Wishes to receive the judgment remotely. Chiefs of Ontario
2017-07-05 Correspondence (sent by the Court) to, joint with 36692; the appellants and respondents by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required.
2017-07-05 Media lock-up requested or proposed, joint with 36692
2017-04-20 Correspondence received from, Diana Audino dated 2017-04-20. Re: Change of contact information for the release of the judgment National Energy Board
2016-12-07 Transcript received, Joint with 36692 (231 pages)
2016-11-30 Judgment reserved OR rendered with reasons to follow
2016-11-30 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Suncor Energy Marketing Inc.
2016-11-30 Respondent's condensed book, (Book Form), Joint with 36692 - Submitted in Court (14 copies) Attorney General of Canada
2016-11-30 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Enbridge Pipelines Inc.
2016-11-30 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Chippewas of the Thames First Nation
2016-11-30 Hearing of the appeal, 2016-11-30, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2016-11-28 Notice of appearance, AMENDED - Martin Ignasiak, David Rankin and Thomas Kehler will be present at the hearing. Suncor Energy Marketing Inc.
2016-11-23 Correspondence received from, 4 reserved seats requested Chiefs of Ontario
2016-11-22 Notice of appearance, Manizeh Fancy and Richard Ogden will be present at the hearing. Attorney General for Ontario
2016-11-22 Notice of appearance, Marie-France Major and Thomas Slade will be present at the hearing. Nunavut Wildlife Management Board
2016-11-22 Notice of appearance, Richard James Fyfe will be present at the hearing. Attorney General for Saskatchewan
2016-11-22 Correspondence received from, 1 reserved seat requested Mississaugas of the New Credit First Nation
2016-11-22 Order by, Ga, FURTHER TO THE ORDER dated September 13, 2016, granting leave to intervene to the Attorney General for Ontario, the Attorney General for Saskatchewan, the Nunavut Wildlife Management Board and the Chiefs of Ontario in both appeals, granting leave to intervene to Nunavut Tunngavik Incorporated, Makivik Corporation and Inuvialuit Regional Corporation in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692) and granting leave to intervene to Mohawk Council of Kahnawà:ke, Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776);
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General for Ontario, the Attorney General for Saskatchewan, Nunavut Tunngavik Incorporated, Mohawk Council of Kahnawà:ke, Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Inuvialuit Regional Corporation is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
Granted
2016-11-21 Notice of appearance, Nuri Frame, Jason Madden and Jessica Labranche will be present at the hearing. Mississaugas of the New Credit First Nation
2016-11-18 Correspondence received from, 2 reserved seats requested Mohawk Council of Kahnawà:ke
2016-11-18 Notice of appearance, Francis Walsh and Suzanne Jackson will be present at the hearing. Mohawk Council of Kahnawà:ke
2016-11-18 Reply factum on appeal, (Book Form), Completed on: 2016-11-18 Chippewas of the Thames First Nation
2016-11-18 Reply factum on appeal, (Book Form), Joint with 36692, Completed on: 2016-11-18 Attorney General of Canada
2016-11-17 Reply factum on appeal, (Book Form), Completed on: 2016-11-17 Enbridge Pipelines Inc.
2016-11-16 Notice of appearance, Maxime Faille, Jaimie Lickers and Guy Régimbald will be present at the hearing. Chiefs of Ontario
2016-11-15 Notice of appearance, David Nahwegahbow and Scott Robertson will be present at the hearing. Chippewas of the Thames First Nation
2016-11-15 Notice of appearance, Martin Ignasiak, David Rankin and Jayson Headrick will be present at the hearing. Suncor Energy Marketing Inc.
2016-11-10 Notice of appearance, Peter Southey and Mark Kindrachuk will be present at the hearing. Attorney General of Canada
2016-11-09 Notice of appearance, Douglas Crowther, Joshua Jantzi and Aaron Stephenson will be present at the hearing. Enbridge Pipelines Inc.
2016-11-08 Notice of appearance, Jody Saunders and Kristen Lozynsky will be present at the hearing. National Energy Board
2016-11-07 Correspondence received from, 7 reserved seats requested Enbridge Pipelines Inc.
2016-11-04 Intervener's book of authorities, (Book Form), Joint with 36692, Completed on: 2016-11-04 Chiefs of Ontario
2016-11-04 Intervener's factum, (Book Form), Joint with 36692, Completed on: 2016-11-04 Chiefs of Ontario
2016-11-04 Intervener's book of authorities, (Book Form), Joint with 36692, Completed on: 2016-11-04 Attorney General for Saskatchewan
2016-11-04 Intervener's factum, (Book Form), Joint with 36692, Completed on: 2016-11-04 Attorney General for Saskatchewan
2016-11-04 Intervener's book of authorities, (Book Form), Joint with 36692, Completed on: 2016-11-04 Nunavut Wildlife Management Board
2016-11-04 Intervener's factum, (Book Form), Joint with 36692, Completed on: 2016-11-04 Nunavut Wildlife Management Board
2016-11-04 Intervener's factum, (Book Form), Joint with 36692, Completed on: 2016-11-04 Attorney General for Ontario
2016-11-04 Intervener's book of authorities, (Book Form), Completed on: 2016-11-04 Mississaugas of the New Credit First Nation
2016-11-04 Intervener's factum, (Book Form), Completed on: 2016-11-04 Mississaugas of the New Credit First Nation
2016-11-04 Intervener's book of authorities, (Book Form), Completed on: 2016-11-04 Mohawk Council of Kahnawà:ke
2016-11-04 Intervener's factum, (Book Form), Completed on: 2016-11-04 Mohawk Council of Kahnawà:ke
2016-11-04 Intervener's book of authorities, (Book Form), Completed on: 2016-11-04 Suncor Energy Marketing Inc.
2016-11-04 Intervener's factum, (Book Form), Completed on: 2016-11-04 Suncor Energy Marketing Inc.
2016-10-24 Correspondence received from, 12 reserved seats requested Chippewas of the Thames First Nation
2016-10-14 Supplemental document, Supplemental book of authorities, Completed on: 2016-10-14 Chippewas of the Thames First Nation
2016-10-03 Appeal perfected for hearing
2016-09-20 Order on motion to adduce new evidence, By Justice Côté
2016-09-20 Decision on motion to adduce new evidence, Côt, UPON APPLICATION by the respondent, Enbridge Pipelines Inc., for an order to adduce new evidence, namely the affidavit of Jeffrey Scott Paetz, sworn on August 17, 2016;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the other parties;
IT IS HEREBY ORDERED THAT:
The motion is granted, with no order as to costs.
Granted, no order as to costs
2016-09-20 Submission of motion to adduce new evidence, Côt
2016-09-15 Notice of hearing sent to parties
2016-09-15 Respondent's book of authorities, Completed on: 2016-09-15 Attorney General of Canada
2016-09-15 Respondent's factum, (2 volumes), Completed on: 2016-09-15 Attorney General of Canada
2016-09-14 Certificate of counsel (attesting to record) Enbridge Pipelines Inc.
2016-09-14 Respondent's book of authorities, (2 volumes), Completed on: 2016-09-14 Enbridge Pipelines Inc.
2016-09-14 Respondent's record, (3 volumes), Joint, Completed on: 2016-09-14 Enbridge Pipelines Inc.
2016-09-14 Respondent's factum, Completed on: 2016-09-14 Enbridge Pipelines Inc.
2016-09-14 Respondent's book of authorities, Completed on: 2016-09-14 National Energy Board
2016-09-14 Respondent's factum, Completed on: 2016-09-14 National Energy Board
2016-09-13 Order on motion for leave to intervene, by Justice Gascon
2016-09-13 Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Attorney General for Ontario; the Attorney General for Saskatchewan; the Canadian Chamber of Commerce; the Nunavut Wildlife Management Board; and Beaver Lake Cree Nation and Ermineskin Cree Nation (jointly) for leave to intervene in the above appeals;

AND UPON APPLICATIONS by the National Energy Board; Amnesty International; Nunavut Tunngavik Incorporated; Makivik Corporation; Charlie Watt, Rosemarie Kuptana, Peter Ittinuar and Tagak Curley (jointly) and Inuvialuit Regional Corporation for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692);

AND UPON APPLICATIONS by Mohawk Council of Kahnawà:ke; Suncor Energy Marketing Inc.; Haisla Nation and Mississaugas of the New Credit First Nation for leave to intervene in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776);

AND UPON APPLICATION by Prophet River First Nation and West Moberly First Nations (jointly) for an extension of time to serve their motion for leave to intervene and for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692);
AND UPON APPLICATIONS by Mikisew Cree First Nation; Algonquins of Pikwakanagan First Nation; Tsleil-Waututh Nation and the Chiefs of Ontario for an extension of time to serve and file their motions for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692) and for leave to intervene in both appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for an extension of time are granted.
The motions for leave to intervene of the Attorney General for Ontario; the Attorney General for Saskatchewan; the Nunavut Wildlife Management Board and the Chiefs of Ontario in both appeals are granted and the said interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length, on or before November 4, 2016.

The motions for leave to intervene of Nunavut Tunngavik Incorporated; Makivik Corporation and Inuvialuit Regional Corporation are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before November 4, 2016, in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692).

The motions for leave to intervene of Mohawk Council of Kahnawà:ke; Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before November 4, 2016, in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776).

The motions for leave to intervene of the Canadian Chamber of Commerce; Beaver Lake Cree Nation and Ermineskin Cree Nation (jointly); Mikisew Cree First Nation; Algonquins of Pikwakanagan First Nation; Tsleil-Waututh Nation; the National Energy Board; Amnesty International; Charlie Watt, Rosemarie Kuptana, Peter Ittinuar and Tagak Curley (jointly); Prophet River First Nation and West Moberly First Nations (jointly) and Haisla Nation are dismissed.

The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.

The appellants and the respondents in both appeals are each permitted to serve and file a single 10-page factum in reply to these interventions on or before November 18, 2016.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the corresponding appellant(s) and respondents any additional disbursements occasioned to the appellant(s) and respondents by their interventions.
Allowed in part
2016-09-13 Submission of motion for leave to intervene, (13 Motions), Ga
2016-09-02 Motion to adduce new evidence, (consent included), Completed on: 2016-09-02 Enbridge Pipelines Inc.
2016-08-30 Reply to the motion for leave to intervene, Completed on: 2016-08-30 Suncor Energy Marketing Inc.
2016-08-25 Response to the motion for leave to intervene, (Letter Form), Joint with 36692, Completed on: 2016-08-25 Attorney General of Canada
2016-08-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-24 Chippewas of the Thames First Nation
2016-08-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-24, (Printed version filed on 2016-08-24) Enbridge Pipelines Inc.
2016-08-22 Response to the motion for leave to intervene, Joint with 36692 - Response to Mikisew Cree First Nation, Completed on: 2016-08-22, (Printed version filed on 2016-08-22) Attorney General of Canada
2016-08-18 Motion for leave to intervene, (Book Form), Joint with 36692, Completed on: 2016-08-18 Chiefs of Ontario
2016-08-18 Motion for leave to intervene, (Book Form), Joint with 36692, Completed on: 2016-08-18 Tsleil-Waututh Nation
2016-08-18 Motion for leave to intervene, (Book Form), Completed on: 2016-08-18 Mississaugas of the New Credit First Nation
2016-08-18 Motion for leave to intervene, (Book Form), Completed on: 2016-08-18, (Printed version filed on 2016-08-18) Canadian Chamber of Commerce
2016-08-18 Motion for leave to intervene, (Letter Form), additional proof of service to follow, Completed on: 2016-08-18, (Printed version filed on 2016-08-18) Attorney General for Ontario
2016-08-17 Motion for leave to intervene, (Book Form), Completed on: 2016-08-17, (Electronic version filed on 2016-08-17) Haisla Nation
2016-08-17 Motion for leave to intervene, (Book Form), Completed on: 2016-08-17 Suncor Energy Marketing Inc.
2016-08-16 Motion for leave to intervene, (Book Form), Completed on: 2016-08-16, (Electronic version filed on 2016-08-16) Algonquins of Pikwakanagan First Nation
2016-08-16 Motion for leave to intervene, (Book Form), Completed on: 2016-08-16, (Electronic version filed on 2016-08-18) Mohawk Council of Kahnawà:ke
2016-08-12 Motion for leave to intervene, (Book Form), Completed on: 2016-08-15, (Electronic version filed on 2016-08-12) Mikisew Cree First Nation
2016-08-10 Appeal hearing scheduled, 2016-11-30
Judgment reserved
2016-08-02 Correspondence received from, Moira Dillon dated on 2016-08-02. Re: Typo in the factum Chippewas of the Thames First Nation
2016-08-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-02 Attorney General of Canada
2016-07-29 Correspondence received from, Scott Robertson, Re: response to letter from the court dated July 26, 2016 Chippewas of the Thames First Nation
2016-07-26 Correspondence (sent by the Court) to, all parties, Re: Shareholdings in Enbridge Pipelines Inc.
2016-07-26 Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Beaver Lake Cree Nation and Ermineskin Cree Nation
2016-07-26 Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) Nunavut Wildlife Management Board
2016-07-25 Motion for leave to intervene, (Book Form), to interven in both case (36692 and 36776)., Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) Attorney General for Saskatchewan
2016-07-21 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-21 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-21 Appellant's record, (Book Form), (6 volumes), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-21 Appellant's factum, Corrections made on 2016-08-02, Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) Chippewas of the Thames First Nation
2016-07-13 Notice of change of counsel, (Letter Form), new lawyer Jody Saunders, (Printed version filed on 2016-07-13) National Energy Board
2016-04-28 Order on motion to state a constitutional question, by the Chief Justice
2016-04-28 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs to Enbridge Pipelines Inc.
Dismissed, with costs
2016-04-28 Submission of motion to state a constitutional question, CJ
2016-04-25 Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2016-04-25, (Electronic version filed on 2016-04-25) Chippewas of the Thames First Nation
2016-04-18 Response to the motion to state a constitutional question, (Letter Form), Completed on: 2016-04-18, (Electronic version filed on 2016-04-18) Attorney General of Canada
2016-04-18 Correspondence received from, (Letter Form), Mr. Khan re: naming an agent National Energy Board
2016-04-18 Response to the motion to state a constitutional question, (Book Form), Completed on: 2016-04-18, (Electronic version filed on 2016-04-18) Enbridge Pipelines Inc.
2016-04-07 Motion to state a constitutional question, (Letter Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Chippewas of the Thames First Nation
2016-04-07 Notice of appeal, (Letter Form), Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) Chippewas of the Thames First Nation
2016-03-24 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-03-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-03-11 Judgment on leave sent to the parties
2016-03-10 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-358-14, 2015 FCA 222, dated October 20, 2015, is granted with costs in the cause. The appeal is to be heard with Hamlet of Clyde River Inc., et al. v. Petroleum Geo-Services Inc., et al. (36692).
Granted, with costs in the cause
2016-02-15 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-02-15 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-02-18, (Electronic version filed on 2016-02-15) Chippewas of the Thames First Nation
2016-02-05 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-05) Enbridge Pipelines Inc.
2016-02-05 Notice of name, (Letter Form), (Electronic version filed on 2016-02-05) Enbridge Pipelines Inc.
2016-02-05 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-02-05, (Electronic version filed on 2016-02-05) Enbridge Pipelines Inc.
2016-02-05 Respondent's response on the application for leave to appeal, (Letter Form), will not be taking any position, Completed on: 2016-02-05, (Electronic version filed on 2016-02-05) Attorney General of Canada
2016-01-22 Respondent's response on the application for leave to appeal, (Letter Form), will not take part in the application, but may participate on the appeal, if leave is granted. (cc. to all parties), Completed on: 2016-01-22, (Electronic version filed on 2016-01-22) National Energy Board
2015-12-22 Letter acknowledging receipt of an incomplete application for leave to appeal, (File open) letter address to Mr. Hudson returned to us with mention of wrong address, letter resent by fax
2015-12-18 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-18) Chippewas of the Thames First Nation
2015-12-18 Application for leave to appeal, (Book Form), (2 volumes), Service rec'd 2016-01-05, Completed on: 2015-12-22, (Electronic version filed on 2015-12-18) Chippewas of the Thames First Nation

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Chippewas of the Thames First Nation Appellant Active

v.

Main parties - Respondents
Name Role Status
Enbridge Pipelines Inc. Respondent Active
National Energy Board Respondent Active
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Attorney General for Saskatchewan Intervener Active
Nunavut Wildlife Management Board Intervener Active
Suncor Energy Marketing Inc. Intervener Active
Mohawk Council of Kahnawà:ke Intervener Active
Mississaugas of the New Credit First Nation Intervener Active
Chiefs of Ontario Intervener Active

Counsel

Party: Chippewas of the Thames First Nation

Counsel
David C. Nahwegahbow
Scott Robertson
Nahwegahbow, Corbiere
5884 Rama Road
Suite 109
Rama, Ontario
L3V 6H6
Telephone: (705) 325-0520
FAX: (705) 325-7204
Email: dndaystar@nncfirm.ca
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Enbridge Pipelines Inc.

Counsel
Douglas E. Crowther, Q.C.
Joshua A. Jantzi
Aaron Stephenson
Dentons Canada LLP
15th Floor, Bankers Court
850-2nd Street SW
Calgary, Alberta
T2P 0R8
Telephone: (403) 268-6821
FAX: (403) 268-3100
Email: douglas.crowther@dentons.com
Agent
K. Scott McLean
Dentons Canada LLP
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@dentons.com

Party: National Energy Board

Counsel
Jody Saunders
Diana Audino
National Energy Board
517 Tenth Avenue SW
Suite 210
Calgary, Alberta
T2R 0A8
Telephone: (403) 299-2715
FAX: (403) 292-5503
Email: jody.saunders@neb-one.gc.ca
Agent
Colin S. Baxter
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca

Party: Attorney General of Canada

Counsel
Peter Southey
Mark Kindrachuk, Q.C.
Attorney General of Canada
The Exchange Tower, Box 36
Suite 3400, 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2240
FAX: (416) 973-0809
Email: peter.southey@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General for Saskatchewan

Counsel
Richard James Fyfe
Attorney General for Saskatchewan
Constitutional Law Branch, 8th Floor
820, 1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-7886
FAX: (306) 787-9111
Email: james.fyfe@gov.sk.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Nunavut Wildlife Management Board

Counsel
Eugene Meehan, Q.C.
Thomas Slade
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Suncor Energy Marketing Inc.

Counsel
Martin Ignasiak
W. David Rankin
Tom McNerney
Geoffrey Langen
Thomas Kehler
Osler, Hoskin & Harcourt LLP
450 - 1st Street S.W.
Suite 2500, TransCanada Tower
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7007
FAX: (403) 260-7024
Email: mignasiak@osler.com
Agent
Geoffrey Langen
Osler, Hoskin & Harcourt LLP
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com

Party: Mohawk Council of Kahnawà:ke

Counsel
Francis Walsh
Suzanne Jackson
Mohawk Council of Kahnawake Legal Services
P.O. Box 720
Mohawk Territory of Kahnawà:ke, Quebec
J0L 1B0
Telephone: (450) 632-7500
FAX: (450) 638-3663
Email: francis.walsh@mck.ca
Agent
Justin Dubois
Juristes Power
130, rue Albert
Bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5560
FAX: (613) 702-5560
Email: jdubois@juristespower.ca

Party: Attorney General for Ontario

Counsel
Manizeh Fancy
Richard Ogden
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 578-3637
FAX: (416) 326-4181
Email: manizeh.fancy@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Mississaugas of the New Credit First Nation

Counsel
Jason Madden
Nuri G. Frame
Jessica Labranche
Pape Salter Teillet LLP
546 Euclid Avenue
Toronto, Ontario
M6G 2T2
Telephone: (416) 916-2989
FAX: (416) 916-3726
Email: jmadden@pstlaw.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Chiefs of Ontario

Counsel
Maxime Faille
Jaimie Lickers
Guy Régimbald
Gowling WLG (Canada) LLP
2600-160 Elgin Street
P.O. Box 466, Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: maxime.faille@gowlingwlg.com
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com

Summary

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Constitutional law — Aboriginal peoples — Aboriginal rights — Treaty rights — Administrative law — Boards and tribunals — Crown’s duty to consult and accommodate Aboriginal peoples — National Energy Board approving pipeline project for reversal flow, expansion of capacity, and exemptions from regulatory provisions — Board did not determine whether Crown’s duty to consult had been triggered nor satisfied — Whether Board as final decision-maker had mandate and capacity to discharge Crown’s duty to consult and assess adequacy of consultation — Whether administrative exercise of final decision-making authority amounts to “government conduct” sufficient to trigger Crown’s duty to consult — Whether an administrative tribunal’s regulatory process can rectify the absence or inadequacy of Crown consultation — Whether Federal Court of Appeal erred in concluding Board not required to determine whether Crown was under duty to consult, and if so, whether duty had been discharged

Enbridge applied to the National Energy Board (“NEB”) to approve a pipeline project – specifically, to reverse the flow of one section of an existing pipeline, expand the capacity of the pipeline, and exempt the project from certain regulatory requirements and procedures to allow for the transportation of heavy crude oil. The NEB approved the project, on specified terms and conditions. The Chippewas of the Thames First Nation appealed the NEB’s decision, citing, among other things, inadequate consultation. A majority of the Federal Court of Appeal dismissed the appeal, finding that, in the absence of the Crown as a participant in the original application, the NEB was not required to determine whether the Crown was under a duty to consult, and if so, whether the duty had been discharged. Nor was there any delegation by the Crown to the NEB of any power to undertake the fulfillment of any such duty. In dissent, Rennie J.A. would have allowed the appeal, concluding that the NEB was required to undertake a consultation analysis as a precondition to approving Enbridge’s application.


Lower court rulings

October 20, 2015
Federal Court of Appeal

A-358-14, 2015 FCA 222

Appeal by Chippewas of the Thames First Nation – dismissed

Memorandums of argument on application for leave to appeal

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Date modified: 2025-02-27