Federal Court of Appeal Jurisdiction
Judicial review of National Energy Board (NEB) decision approving respondent Enbridge Pipelines (Westpur) Inc.’s application for certificate of public convenience and necessity under National Energy Board Act, R.S.C., 1985, c. N-6, s. 52 with respect to “Alida to Cromer Capacity Expansion Project”—Applicants opposing application, arguing NEB decision made in breach of their right to be consulted, accommodated—Statutory right of appeal provided for in National Energy Board Act, s. 22(1) depriving Court of jurisdiction to consider applicant’s judicial review application —Right of appeal in s. 22(1) may be based on any question of law, jurisdiction, not limited to legal issues relating to regulation of pipelines, other technical matters within NEB mandate—Application dismissed.
Standing Buffalo Dakota First Nation v. Canada (Attorney General) (A-349-07, 2008 FCA 222, Sharlow J.A., judgment dated June 23, 2008, 13 pp.)