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.
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.
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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