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28 Jul 2017

Canada: Supreme Court rules National Energy Board failed to properly consult with Inuit on seismic testing, but gives green light to Enbridge pipeline

In a pair of unanimous decisions, the Canadian Supreme Court ruled that the National Energy Board has the authority to conduct consultations on the government's behalf, and that it did so adequately in one case and insufficiently in another. The Clyde River Inuit won their case to stop seismic testing in Baffin Bay, which they claimed could kill marine mammals upon which they rely for food and jobs. The Supreme Court ruled that the NEB's consultation process in Clyde River was "significantly flawed," and gave little,consideration to the treaty rights of Inuit. Meanwhile, the Court rejected a challenge of Enbridge Inc.'s Line 9 pipeline modification, saying government energy tribunal carried out "manifestly adequate" consultation with the Chippewas of the Thames First Nation. The court also laid out what consultation with Indigenous Peoples should entail moving forward, including holding oral hearings, conducting environmental assessments, and making funds available for Indigenous groups to participate in the process. (refers to Enbridge and Petroleum Geo-Services)