Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36677
Saulteau First Nations v. Attorney General of Canada, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-09-26 | Close file on Leave | |
| 2017-09-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-09-15 | Judgment on leave sent to the parties | |
| 2017-09-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number 15-A-37, dated August 12, 2015, is dismissed with costs to the respondent NOVA Gas Transmission Ltd. Dismissed, with costs |
|
| 2017-05-01 | Notice of change of solicitor, Paul Johnston replaces Jody Saunders | National Energy Board |
| 2016-12-13 | Correspondence received from, Jody Saunders dated 2016-12-13. Re: Will now be acting as counsel | National Energy Board |
| 2016-02-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2015-11-09 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-11-09, (Electronic version filed on 2015-11-12) | Saulteau First Nations |
| 2015-10-29 | Respondent's response on the application for leave to appeal, (Letter Form), will not be filing a response, Completed on: 2015-10-29, (Electronic version filed on 2015-10-29) | Attorney General of Canada |
| 2015-10-29 | Certificate (if inappropriate for a judge to take part in adjudication) | NOVA Gas Transmission Ltd. |
| 2015-10-29 | Certificate (on limitations to public access) | NOVA Gas Transmission Ltd. |
| 2015-10-29 | Notice of name | NOVA Gas Transmission Ltd. |
| 2015-10-29 | Book of authorities | NOVA Gas Transmission Ltd. |
| 2015-10-29 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-29 | NOVA Gas Transmission Ltd. |
| 2015-10-22 | Correspondence received, from intervenor National Energy Board dated 2015-10-22 re: will not file a response | |
| 2015-10-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-10-13 | Book of authorities, (Book Form), (Electronic version filed on 2015-10-15) | Saulteau First Nations |
| 2015-10-13 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-15) | Saulteau First Nations |
| 2015-10-13 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2015-10-14, (Electronic version filed on 2015-10-15) | Saulteau First Nations |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Saulteau First Nations | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| NOVA Gas Transmission Ltd. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| National Energy Board | Intervener | Active |
Counsel
Party: Saulteau First Nations
Counsel
Jesse McCormick
73 Water Street, 6th Floor
Vancouver, British Columbia
V6B 1A1
Telephone: (604) 688-4272
FAX: (604) 688-4282
Email: james_hickling@aboriginal-law.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Attorney General of Canada
Counsel
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-6731
FAX: (604) 666-1585
Email: ken.manning@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: NOVA Gas Transmission Ltd.
Counsel
Thomas D. Gelbman
Sander Duncanson
W. David Rankin
Suite 2500, Trans Canada Tower
450 - 1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7003
FAX: (403) 260-7024
Email: mkilloran@osler.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
Party: National Energy Board
Counsel
Suite 210, 517 Tenth Avenue SW
Calgary, Alberta
T2R 0A8
Telephone: (403) 292-6495
Email: paul.johnston@neb-one.gc.ca
Summary
Keywords
None.
Summary
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.
Constitutional law — Aboriginal peoples — Treaty rights — Administrative law — Boards and tribunals — Crown’s duty to consult and accommodate Aboriginal peoples — Governor in Council issuing Order-in-Council (OIC) directing National Energy Board to approve pipeline project — Federal Court of Appeal denying leave to First Nation to apply for judicial review of OIC — In what circumstances can exception in ss. 92(10)(a) and 91(29) of Constitution Act, 1867 be applied to expand federal jurisdiction to include works or undertakings wholly located within province and highly integrated with provincially-regulated infrastructure? — What is test for leave to commence judicial review proceedings in Federal Court of Appeal under s. 55 of National Energy Board Act, R.S.C. 1985, c. N-7?
NOVA Gas Transmission Ltd. applied to the National Energy Board (“NEB”) for approval of a project involving the construction of a new pipeline. The NEB conducted an environmental assessment, including public hearings. The NEB submitted a report on the project to the Minister of Natural Resources, concluding that the project met the threshold of public convenience and necessity and would not likely cause significant adverse environmental effects. On the recommendation of the Minister, the Governor General in Council issued an Order-in-Council (“OIC”), directing the NEB to issue a Certificate of Public Convenience and Necessity, thus authorizing the approval of the project. Saulteau First Nations sought leave from the FCA, pursuant to s. 55 of the National Energy Board Act, for judicial review of the OIC, on the grounds of inadequate consultation, and on the grounds that the NEB lacked jurisdiction to consider approval of the pipeline project, arguing that it was not interprovincial in nature. A judge of the FCA refused leave to Saulteau First Nations; no reasons were provided.
Lower court rulings
Federal Court of Appeal
15-A-37
Saulteau First Nations’ application for leave to apply for judicial review of Order-in-Council – dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available