Enbridge will defend its project pipeline in Supreme Court: it comes to host the application for leave to appeal a First Nation of Ontario claiming that the oil company has not adequately consulted.
Thus the highest court of the country agrees to address this controversial issue.
Enbridge filed an application with the National Energy Board (NEB) for approval of a particular pipeline project to reverse the flow direction of a section of an existing pipeline, in particular to increase capacity the pipeline.
This is Line 9B of the Enbridge pipeline, which runs between Sarnia and Montreal.
The NEB approved the project, subject to special conditions.
The Chippewas of the Thames appealed to the approval of the NEB arguing, among other things, inadequate consultation.
The majority of the Federal Court of Appeal had dismissed the appeal saying that without the participation of the Crown in the initial process, the NEB was not required to determine whether the Crown had a duty to consult and, if so, if she was acquitted.
It will now be for the Supreme Court to decide.