TORONTO – The country’s top court has agreed to hear an appeal from an Ontario first nation over a controversial pipeline that runs through one of Canada’s most populous corridors.
The Supreme Court of Canada has granted the Chippewas of the Thames First Nation leave to appeal a decision of a lower court regarding Enbridge Inc’s Line 9 pipeline.
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The legal case pits the first nation against Enbridge (TSX:ENB), the National Energy Board and the Attorney General of Canada.
READ MORE: Ontario First Nation heads to country’s top court over Enbridge’s Line 9
The aging Line 9, which runs between Sarnia, Ont., and Montreal, drew much opposition when Enbridge sought to reverse its flow and increase its capacity in 2012.
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The company nonetheless won the National Energy Board’s approval, cleared regulatory obligations and has begun operating the pipeline in its new configuration.
The case involves 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.
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