Two northwestern Ontario First Nations are in Ontario Superior Court Wednesday to launch a major challenge against what is being called “intrusive” work on nearby pipelines.
Officials with Aroland and Ginoogaming are seeking a new precedent about their rights to be consulted and accommodated when pipeline work is being carried out on their traditional territory.
Kate Kempton of OKT Law is representing the First Nations and she says they are concerned about so-called “integrity digs”, where old pipelines are dug up for repair or replacement.
Kempton says the challenge is against TransCanada Pipelines, the National Energy Board and the Government of Canada.
She stresses there is a big hole in Canada’s law about the duty owed to First Nations to accommodate their concerns about potential impacts to their lands, rights and cultures.
Kempton says there is currently no consultation with aboriginal communities, as no new approval needs to be issued by the government for the digs to take place.
