Energy and aboriginal law - the Haida recourse

The Court of Appeal judges that the National Energy Board does not have to decide whether the duty to consult, as it is defined by the decision rendered in Première Nation Haida, applies at the time a certificat is delivered in accordance with the National Energy Board Act to the companies Enbridge and Transcanada Corp. concerning energy-related projects and pipeline transportation, as these projects may potentially affect the aboriginal rights of the Standing Buffalo Dakota First Nation. The Court deems that the process of consultation that is imposed on said companies in accordance with the law differs from the process that is imposed on the federal government according to the principals established in the decision of Haida. The First Nations conserve their right to the Haida recourse before the court system. The Court of Appeal adds that the fact that the law does no refer to a "Haida-type" consultation does not violate the constitutional rights and freedoms of the First Nations, but the Energy Board must nevertheless respect the constitutional rights of the First Nations when rendering its decision. Dubé Légal inc., Montréal constitutional, administrative and aboriginal law lawyers.