Supreme Court of Nova Scotia
Citation: Sipekne’katik v. Nova Scotia (Environment), 2017 NSSC 23
Date: 20170127
Docket: Hfx No. 450765
Registry: Halifax
Between:
Sipekne’katik
Appellant
v.
Nova Scotia (Minister of Environment) and Alton Natural Gas Storage LP
Respondents
Library Heading
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Judge: |
The Honourable Justice Suzanne M. Hood |
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Heard: |
November 14 and 15, 2016 in Halifax, Nova Scotia |
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Final Written Submissions: |
December 20, 2016 |
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Written Decision: |
January 27, 2017 |
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Subject: |
Environment Act appeal; procedural fairness; adequacy of consultation. |
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Summary: |
Sipekne’katik appeals the decision of the Minister of the Environment to dismiss its appeal from the granting of Industrial Approval for operation of a Brine Storage Pond and associated works as part of a storage facility for natural gas. |
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Issues: |
(1) Was the decision of the Minister of Environment procedurally fair? (2) Was the Minister’s decision that consultation with Sipekne’katik was adequate a reasonable decision? |
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Result: |
The Minister’s decision was not procedurally fair. Remitted back to Minister. Unnecessary to decide issue of reasonableness of decision in the circumstances. |
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