This case was heard in the Federal Court of Appeal.
In March 2012, the federal Crown authorized the construction of two hydroelectric plants on the Churchill River. When the Council of the Innu of Ekuanitshit applied for judicial review of the government’s decision, the Federal Court dismissed the application. The Council appealed to the Federal Court of Appeal, arguing that the Federal Court had erred in both fact and law in its interpretation of the Canadian Environmental Assessment Act and in its conclusion that the Crown had fulfilled its legal duty to consult with the Innu of Ekuanitshit.
After considering the case history and the relevant law and legal principles, the Federal Court of Appeal held that the lower court had not erred in its conclusions. It therefore dismissed the Council’s appeal.