Jan 17, 2017
Two northern Ontario First Nations have abandoned a request for an emergency injunction to stop work on a TransCanada pipeline on their land, but plan to launch a broader legal challenge.
The Aroland and Ginoogaming First Nations filed an application in early January to stop work scheduled for the end of the month on a TransCanada pipeline that crosses about 30 kilometres of their land, northeast of Thunder Bay, Ont.. At the time, they argued that TransCanada had a duty to consult them before starting any work on pipelines on their territory, including regular maintenance.
Corey Shefman, a lawyer acting for the First Nations, said they now plan to ask the Ontario Superior Court to make a summary judgment on that issue, while abandoning their request for an emergency injunction to stop the work. He told National Observer that abandoning the request for an injunction was a “procedural shift.”