Federal Appeal

Civil Procedure

Groups granted leave to intervene in appeals respecting Northern Gateway Pipeline Project

Parties were disputing reasonableness and legality of Northern Gateway Pipeline Project’s approval. Consolidated matters were applications and appeals from decisions from Governor in Council, National Energy Board and Joint Review Panel. Amnesty International and Canadian Association of Petroleum Producers brought motions to intervene under R. 109 of Federal Courts Rules (Can.). Motions granted. Both proposed interveners had genuine interest in matter and were able to bring knowledge, skills and resources before court. International law was very much at large on all issues in many different ways in consolidated matter. Amnesty International was granted leave to intervene on terms, primarily because of its expertise in international law issues and potential that international law issues could be relevant, albeit in limited ways. Canadian Association of Petroleum Producers could shed light on discussion of whose interests might be affected if project’s approval was overturned. Matters had complex and important dimensions that needed to be exposed to perspectives beyond those offered by particular parties before court.

Gitxaala Nation v. R. (Mar. 16, 2015, F.C.A., David Stratas J.A., File No. A-56-14, A-59-14, A-63-14, A-64-14; A-67-14, A-437-14, A-439-14, A-440-14, A-442-14, A-443-14, A-445-14, A-446-14, A-447-14, A-448-14, A-514-14, A-517-14, A-520-14, A-522-14) 252 A.C.W.S. (3d) 39.

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