Canada high court to hear prior consultation case

The Supreme Court of Canada announced March 10 will review two decisions of the National Energy Board related to aboriginal consultation. One case challenges a board decision to allow seismic testing in the waters off the east coast of Baffin Island, which is opposed by the Inuit village of Clyde River, Nunavut. The other is an appeal by the Chippewa of the Thames First Nation in southern Ontario of a ruling that approved the expansion of Enbridge corporation's Line 9 pipeline from the Alberta oil sands to a Montreal refinery. Both Clyde River and the Thames First Nation say they were not adequately consulted on the respective projects. Under Canada's Constitution, the Crown has a "duty to consult" and accommodate, wherever possible, indigenous peoples on any actions that may adversely affect their aboriginal and treaty rights. (Al Jazeera, March 20; CTV, March 10)