Date: 20030528
Docket: A-279-01
Neutral citation: 2003 FCA 238
CORAM: DÉCARY, J.A.
BETWEEN:
FEDERATION OF SASKATCHEWAN INDIAN NATIONS;
THE CHIEFS OF TREATY No. 4 AND TREATY No. 6
APPLICANTS
and
ALLIANCE PIPELINES LTD. (ALLIANCE)
RESPONDENT
and
NATIONAL ENERGY BOARD
INTERVENER
Heard at Calgary, Alberta, on May 28, 2003.
Judgment delivered from the Bench at Calgary, Alberta, on May 28, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER, J.A.
Date: 20030528
Docket: A-279-01
Neutral citation: 2003 FCA 238
CORAM: DÉCARY, J.A.
NADON, J.A.
PELLETIER, J.A.
BETWEEN:
FEDERATION OF SASKATCHEWAN INDIAN NATIONS;
THE CHIEFS OF TREATY No. 4 AND TREATY No. 6
APPLICANTS
and
ALLIANCE PIPELINES LTD. (ALLIANCE)
RESPONDENT
and
NATIONAL ENERGY BOARD
INTERVENER
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Calgary, Alberta
on May 28, 2003.)
[1] These proceedings were intitiated by the filing of a Notice of Appeal. Subsequently, leave to amend was granted transforming the Notice of Appeal into a Notice of Application. In fact, the original Notice, though styled a Notice of Appeal requested judicial review of the decision in issue.
[2] While s. 28 of the Federal Court Act R.S.C. 1985 c. F-7 provides that this Court has jurisdiction to entertain applications for judicial review of decisions of the National Energy Board, s. 18.5 of the Act also provides that judicial review is not available where a party has a right of appeal. See Union of Nova Scotia Indians v. Northeast Pipeline Management (1999), 243 N.R. 205 (C.A.) leave to appeal denied [1999] S.C.C.A. 215.
[3] Section 22 of the National Energy Board Act R.S.C. 1985 c. N -7 provides that a decision of the Board may be appealed to this Court on a question of law or jurisdiction. Consequently, the applicants, who were parties to the proceedings giving rise to the decisions in issue, were bound to proceed by way of appeal.
[4] However s. 22 also provides that an appeal lies only with leave of the Court. In the absence of leave being granted, this Court has no jurisdiction to hear the appeal. See Ville de Montréal c Compagnie des chemin de fer Canadien Pacifique, 2003 CAF 105.
[5] The application will therefore be quashed for lack of jurisdiction with costs to the respondent fixed at $1,000.
"J. D. Denis Pelletier"
J. A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-279-01
STYLE OF CAUSE: FEDERATION OF SASKATCHEWAN INDIAN
NATIONS; THE CHIEFS OF TREATY No. 4
AND TREATY No. 6 v. ALLIANCE PIPELINES
LTD. (ALLIANCE) AND NATIONAL ENERGY
BOARD
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: Wednesday, May 28, 2003
REASONS FOR JUDGMENT
OF THE COURT: (DÉCARY, NADON, PELLETIER, JJ.A.)
RENDERED FROM THE BENCH BY: PELLETIER, J.A.
DATED: May 28, 2003
APPEARANCES:
Mr. Darren W. Winegarden
Mr. John Parsons FOR THE APPLICANTS
Mr. Richard Neufeld FOR THE RESPONDENT
ALLIANCE PIPELINES
LTD. (ALLIANCE)
Ms. Judith Hanebury, Q.C. FOR THE INTERVENER
NATIONAL ENERGY
BOARD LEGAL SERVICES
SOLICITORS OF RECORD:
Winegarden Parsons
Saskatoon, Saskatchewan FOR THE APPLICANTS
Fraser, Milner, Casgrain LLP
Calgary, Alberta FOR THE RESPONDENT
National Energy Board Legal Services
Calgary, Alberta FOR THE INTERVENER