This case was heard in the Federal Court of Appeal.
The Union of Nova Scotia Indians (“UNSI”) applied for judicial review of a decision that had been made by the National Energy Board (“NEB”), arguing that the NEB had breached the rules of procedural fairness by finding that Maritimes and Northeast Pipeline Management Ltd. (“MNPM”) and Maritimes and Northeast Pipeline Partnership (“MNPP”) had satisfied a condition that was necessary for the approval of a natural gas pipeline.
The UNSI alleged that the NEB had not followed the rules of procedural fairness when facilitating consultations between the UNSI, MNPM and MNPP. After reviewing the NEB’s conduct during the consultation process, the Court held that the NEB had in fact breached the rules of procedural fairness by not disclosing certain relevant documents to the UNSI. The Court therefore allowed the UNSI’s application and remitted the matter to the NEB for reconsideration.
To read a related decision, go to Union of Nova Scotia Indians v. Maritimes and Northeast Pipeline Management, Ltd., 1999 CanLII 7556 (FCA).