MCK to intervene in Enbridge pipeline Supreme Court case

11/02/2016

The Mohawk Council of Kahnawà:ke (MCK) has been granted leave to intervene in the Supreme Court of Canada case involving the Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al. to be heard on Wednesday, November 30th, 2016.

The appeal pertains to the National Energy Board’s (‘NEB’) approval of the Enbridge Line 9B pipeline project. The Chippewas of the Thames appealed the NEB’s decision, and the key question to be assessed by the Supreme Court is whether the NEB was required to undertake an analysis of the adequacy of Canada’s consultation process as a precondition to approving Enbridge’s application.

“The MCK felt it was important to apply to intervene in order to contribute our arguments and perspective regarding the issues at the appeal,” said Grand Chief Joseph Tokwiro Norton. “We also like to remind the community that our involvement at the NEB allows us to have a say in a process that may better protect Kahnawà:ke’s interests.”

“The MCK intends to argue that the NEB did have an obligation to assess the adequacy of Canada’s duty to consult and accommodate prior to issuing its decision and that the NEB’s process did not and could not satisfy Canada’s legal obligations to Indigenous Nations,” he added.

Ultimately, the MCK wishes to ensure that the Court’s decision does not result in the weakening of Canada’s legal duty to consult and accommodate, and to ensure that potential adverse impacts from projects to the integrity of our lands and the exercise of rights are fully considered by Canada.

The MCK must produce its written arguments by this Friday, November 4th. In the meantime, the Chippewas of the Thames have requested a meeting with Chief & Council to discuss the pipeline issue, the NEB and the Supreme Court hearing. A confirmation on that meeting will be announced shortly.