Anti-pipeline activists using ‘duty to consult’ in multi-million dollar lawsuit

The Aroland and Ginoogaming First Nations, located north of Thunder Bay, are challenging routine maintenance work on the Canadian Mainline, which carries natural gas from western to eastern Canada.Authorized by cabinet in 1956, this pipeline (actually a family of lines) has been in operation for almost 60 years. Like all pipelines, it requires maintenance to prevent leaks and explosions; so the owner, TransCanada Corporation, performs “integrity digs” to check on the pipeline’s status. Such digs are performed with the permission and under the procedures of the National Energy Board (NEB).Enter the “duty to consult,” created in 2004 by the Supreme

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