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GIC decision approving pipeline project upheld for three First Nations but declaration issued regarding Peguis.
Four First Nations sought judicial review of a Governor in Council Order in Council directing the National Energy Board to issue a certificate for the Manitoba-Minnesota Pipeline Project.
The applicants argued the Crown failed to fulfill its duty to consult and accommodate them regarding the project's impacts on their Aboriginal and Treaty rights.
The Court held that the consultation process was adequate and reasonable for three of the First Nations (Animakee Wa Zhing #37, Long Plain, and Roseau River) as Canada engaged in meaningful dialogue and considered accommodation.
However, the Court found Canada failed to meaningfully consult with Peguis First Nation during the supplementary consultation phase, as no dialogue occurred.
The Court dismissed the applications of AWZ, Long Plain, and Roseau River, but granted Peguis's application, issuing a declaration that Canada failed to adequately discharge its duty to consult Peguis.
