Coldwater Indian Band, et al. v. Attorney General of Canada, et al.

(Federal) (Civil) (By Leave)


Administrative law — Judicial review — Boards and tribunals — National Energy Board — Trans Mountain Pipeline — What is the standard of consultation when the Aboriginal interest affected is established — To what extent does proportionality calibrate consultation and accommodation of a vital established Aboriginal interest — What measure of deference do reviewing courts owe the Crown when the honour of the Crown is engaged and to what extent is the underlying evidentiary record to be scrutinized — How should a court review the adequacy of Crown consultation — What is the required approach to accommodation — What is the extent of the Crown’s procedural and substantive obligations when deep consultation is required — Does the honour of the Crown require meaningful, two-way dialogue that includes consideration of infringement and justification in the context of the Crown’s duty to consult and accommodate?


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By Order in Council P.C. 2019 0820 dated June 18, 2019, the Governor in Council approved the Trans Mountain Pipeline expansion project for the second time. Six sets of parties were granted leave by the Federal Court of Appeal to judicially review that decision. In a unanimous decision, the Federal Court of Appeal determined that the Governor in Council’s re approval was reasonable and dismissed all of the applications for judicial review.

Lower Court Rulings

August 30, 2018
Federal Court of Appeal

(A-217-16, A-218-16, A-223-16), (A-224-16, A-225-16, A-232-16), (A-68-17, A-74-17, A-75-17), (A-76-17, A-77-17, A-84-17), (A-86-17), 2018 FCA 153, A-78-17
See file.
February 4, 2020
Federal Court of Appeal

(A-325-19, A-326-19, A-327-19), 2020 FCA 34, A-324-19
Applications for judicial review dismissed.