Enbridge Line 9B Appeal

Enbridge faces another hurdle in plans to reverse the flow of its 9B pipeline between Sarnia and Montreal.

The Federal Court of Appeal has granted the Chippewas of the Thames leave to appeal the National Energy Board’s decision allowing modifications to the pipeline.

The court ruled that the federal Crown provided no consultation on the proposed project, despite the Chippewas’s belief that their Aboriginal and treaty rights would be impacted.

Line 9B crosses the Thames River which runs through the First Nations traditional territory and is the source of drinking water for the reserve.

Chief Joe Miskokomen says various industries and governments must look at new ways to do business that draws upon First Nations values, and honours the original treaty relationship

The First Nations say they want to help define what that approach should be, as they prefer not to be in court, so the protocol can become standard practice.

Enbridge wants to reverse the flow to provide Montreal and eastern refineries access to less expensive Alberta feedstocks.