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Saturday, 21 November 2009 13:47
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Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc., 2009 FCA 308


The appellants raise the novel question of whether, before making its decisions in relation to those applications, the NEB was required to determine whether by virtue of the decision in Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73 (CanLII), [2004] 3 S.C.R. 511, 2004 SCC 73, the Crown, which was not a party to those applications or a participant in the hearings, was under a duty to consult the appellants with respect to potential adverse impacts of the proposed projects on the appellants and if it was, whether that duty had been adequately discharged.

DISPOSITION

[50] For the foregoing reasons, I would dismiss each of the appeals, with costs to the respondent Enbridge Pipelines Inc. in Court files A-537-08 and A-475-08, the respondent Enbridge Southern Lights GP Inc. in Court file A-541-08 and the respondent TransCanada Keystone Pipeline GP Ltd. in A-542-08.


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Last Updated on Saturday, 21 November 2009 13:50
 




 
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On This Day in Indigenous History

Sunday, 02 September 1838
Last Sovereign Queen of Hawai'i Born

On This Day: In 1838 the last sovereign Queen of Hawai'i, Lydia Kamakaʻeha Kaola Maliʻi Liliʻuokalani, was born. Liliʻuokalani inherited the throne from her brother Kalakaua on 29 January 1891. On 14 January 1893, a group composed of Americans and Europeans formed a Committee of Safety seeking to overthrow the Hawaiian Kingdom, depose the Queen, and seek annexation to the United States. The Queen was deposed on 17 January 1893 and temporarily relinquished her throne to "the superior military forces of the United States". She had hoped the United States, like Great Britain earlier in Hawaiian history, would restore Hawaii's sovereignty to the rightful holder.


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