Sean Sutherland Sean Sutherland

Federal Court of Appeal upholds Canada’s post-Northern Gateway consultation process

In Bigstone Cree Nation v. NOVA Gas Transmission Ltd., the Federal Court of Appeal upheld the Governor in Council’s decision to approve the 2017...

First Nation denied injunction based on prejudice to corporate respondent

The Federal Court in ‘Namgis First Nation v. Canada (Fisheries, Oceans and Coast Guard) refused to grant the Namgis First Nation an interlocutory...

Appellate Court Splits On Evidentiary Threshold For Certification

Evidence is required to establish “some basis in fact” for the procedural preconditions to certification. This requires certification...