SCC Chippewas Decision & The Absolute Right To Appeal Beyond EIIR Canada Ship In Absence Of "Exhausting Internal Remedies"

THE POLITICAL REALITIES BEYOND CLAIMED EIIR CANADA SHIP JURISDICTION TO GOVERN
JUL 27TH    SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST    2017 ADE
Question : Has Chippewas Thames Endorsed SCC EIIR Canada Ship Jurisdiction : Customary
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SCC DECISION TO REJECT CHIPPEWAS THAMES PEOPLES APPLICATION : CANLII : HTG AT IACHR RELEVANCE
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 — Aboriginal rights — Treaty rights — Administrative law — Boards and tribunals — Crown’s duty to consult and accommodate Aboriginal peoples — National Energy Board approving pipeline project for reversal flow, expansion of capacity, and exemptions from regulatory provisions — Board did not determine whether Crown’s duty to consult had been triggered nor satisfied — Whether Board as final decision-maker had mandate and capacity to discharge Crown’s duty to consult and assess adequacy of consultation — Whether administrative exercise of final decision-making authority amounts to “government conduct” sufficient to trigger Crown’s duty to consult — Whether an administrative tribunal’s regulatory process can rectify the absence or inadequacy of Crown consultation — Whether Federal Court of Appeal erred in concluding Board not required to determine whether Crown was under duty to consult, and if so, whether duty had been discharged
Enbridge applied to the National Energy Board (“NEB”) to approve a pipeline project – specifically, to reverse the flow of one section of an existing pipeline, expand the capacity of the pipeline, and exempt the project from certain regulatory requirements and procedures to allow for the transportation of heavy crude oil. The NEB approved the project, on specified terms and conditions. The Chippewas of the Thames First Nation appealed the NEB’s decision, citing, among other things, inadequate consultation. A majority of the Federal Court of Appeal dismissed the appeal, finding that, in the absence of the Crown as a participant in the original application, the NEB was not required to determine whether the Crown was under a duty to consult, and if so, whether the duty had been discharged. Nor was there any delegation by the Crown to the NEB of any power to undertake the fulfillment of any such duty. In dissent, Rennie J.A. would have allowed the appeal, concluding that the NEB was required to undertake a consultation analysis as a precondition to approving Enbridge’s application.

THE FINAL 1TH HOUR
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POLITICAL COMMENTARIES PUBLISHED BY
Shqwi'qwal   RALPH CHARLES GOODWIN   Yuxwuletun
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ROCKY MOUNTAIN KELLY LAKE CREE NATION STATE STATEMENT OF WEALTH
CONSTITUTIONAL MONARCHY : BAGEHOT LECTURES : ENGLAND
I.  INTRODUCTION TO THE SECOND EDITION.
II.  THE CABINET.
III.  THE MONARCHY.
IV.  THE HOUSE OF LORDS.
V.  THE HOUSE OF COMMONS.
VI.  ON CHANGES OF MINISTRY.
VII.  ITS SUPPOSED CHECKS AND BALANCES.
VIII.  THE PREREQUISITES OF CABINET GOVERNMENT, AND THE PECULIAR FORM WHICH THEY HAVE ASSUMED IN ENGLAND.
IX.  ITS HISTORY, AND THE EFFECTS OF THAT HISTORY.—CONCLUSION.
Global Free Prior  AMBASSADOR : FPIC : TERMS GUIDE  Informed Consent
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