Court Challenges to National Energy Board or Governor in Council Decisions
Press Release
The NEB operates within a system of checks and balances. Our decisions are subject to independent and impartial judicial oversight, generally through the Federal Court of Appeal and Supreme Court of Canada, and the Board is bound to act in accordance with the court’s decisions.
As part of our commitment to transparency, we share information about challenges to the NEB’s decisions and recommendations to the Governor in Council in the database below. The purpose is to provide Canadians with up-to-date information about the status of these legal challenges, regardless of the outcome.
The following information includes the status of litigation, appeals, and judicial reviews related to NEB or Governor in Council decisions, dating back to January 2014. At this time, the database does not include pre-2014 decisions. Where possible, the database provides a link to an external third-party controlled website, such as the Court database or an online version of the decision. It does not include civil claims or judicial reviews of administrative decisions. The database is searchable by project name, parties or filing date.
Recent Court Challenges
2016-06-16
Trans Mountain Expansion Project
The Squamish Nation (also known as the Squamish Indian Band) et al filed an Application for Judicial Review with the Federal Court of Appeal seeking, among other things, to quash the Board’s Recommendation Report raising issues including the Crown’s duty to consult and accommodate the Applicants’ constitutional rights.
2016-06-17
Trans Mountain Expansion Project
Raincoast Conservation Foundation and Living Oceans Society filed an Application for Judicial Review of with the Federal Court of Appeal seeking to prohibit the GIC and the Board from taking any decision, issuing any orders or taking any other actions to enable the Project to proceed until the requirements of the NEB Act, CEAA 2012 and SARA have been met.
2016-06-17
Trans Mountain Expansion Project
The Coldwater Indian Band and others filed an Application for Judicial Review with the Federal Court of Appeal seeking, among other things, to quash the Board’s Recommendation Report raising issues including the Crown’s duty to consult and accommodate the Applicants’ constitutional rights.
2016-06-17
Trans Mountain Expansion Project
The City of Burnaby filed an Application for Judicial Review of with the Federal Court of Appeal seeking, among other things, to quash the Board’s Recommendation Report raising issues including procedural fairness and/or natural justice matters and the public interest determination.
2016-06-17
Trans Mountain Expansion Project
The City of Vancouver filed an Application for Judicial Review with the Federal Court of Appeal seeking to prohibit the GIC and the Board from taking any decision, issuing any orders or taking any other actions to enable the Project to proceed until the requirements of the NEB Act and CEAA 2012 have been met.
Read More: https://www.neb-one.gc.ca/pplctnflng/crt/index-eng.html
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