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SNetwork Recent Storiesby ahnationtalk on October 2, 2019533 Views
October 02, 2019
The Federal Court of Appeal has ordered one of the First Nations involved in the appeal of Canada’s most recent approval of the contentious Trans Mountain pipeline expansion project to rewrite its application for judicial review, saying it made a “serious and deliberate” violation of the order granting leave.
On Sept. 4, the court allowed six First Nations to challenge the federal cabinet’s approval of the project based on the adequacy of the consultation with Indigenous communities since Aug. 30, 2018. The court’s order granting leave restricted the applications to three questions: was the consultation adequate in law; do any defences or bars to the application apply; and if the answers to the first two questions are no, should a remedy be granted and if so, what remedy and on what terms (Raincoast Conservation Foundation v. Canada (Attorney General) 2019 FCA 224).
But Justice David Stratas wrote the Tsleil-Waututh Nation’s application raised additional issues that went beyond the restrictions in the order granting leave (Ignace v. Canada (Attorney General) 2019 FCA 239, released Sept. 25). He held Tsleil-Waututh violated the order, and the violation was “serious and deliberate.” He noted Tsleil-Waututh “readily admits that its application for judicial review raises issues prohibited by the order granting leave.”
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Categories: | Law, Mainstream Aboriginal Related News |
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