Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights and Freedoms – Freedom of expression – Right to life – Right to security of the person – Appeal – Whether National Energy Board erred in law and jurisdiction in finding that s. 55.2 of the National Energy Board Act, R.S.C. 1985, c. N-7, does not breach s. 2(b) of the Canadian Charter of Rights and Freedoms – Whether National Energy Board’s interpretation of s. 55.2 of National Energy Board Act was reasonable and consistent with Charter values – Whether National Energy Board erred in law and jurisdiction by failing to conduct a justification analysis of impugned legislation under s. 1 of the Charter or under a modified test for administrative decisions – Whether Federal Court of Appeal erred in law in dismissing application for leave to appeal.

Trans Mountain Pipeline ULC applied to the National Energy Board for a Certificate of Public Convenience and Necessity to expand its oil pipeline infrastructure between Alberta and British Columbia. As part of its review process, the Board conducted an environmental assessment and held a public hearing. 2,118 parties applied to participate in the hearing. 1198 requests to participate were granted. 452 requests for intervener status were granted commenter status. 468 applications were denied. One of the applicants was granted intervener status, three were granted commenter status, seven were denied participation, and Ms. Quarmby did not apply. The Board dismissed a motion by the applicants asserting in part that s. 2(b) of the Canadian Charter of Rights and Freedoms was infringed by the Board’s test for standing and its decisions on participation. It dismissed a procedural motion requesting an oral hearing of the Charter motion. The Board also dismissed arguments that its Application to Participate process, its Ruling on Participation, and its List of Issues for the hearing breached s. 2(b) of the Charter.