A federal court has ruled it doesn't have the jurisdiction to hear the case of a Saskatchewan First Nation against an oil and gas giant.
The Federal Court of Appeal decision, posted recently, agreed with Enbridge Pipelines (Westspur) Inc. that the court can't hear the application by the Standing Buffalo First Nation.
The First Nation wanted the court to launch a judicial appeal of a National Energy Board decision that allowed Enbridge to build a pipeline on what is being claimed as traditional Dakota land. The project involves a 60-kilometre portion of the Enbridge Westspur oil and gas pipeline located between Alida, Sask. and Cromer, Man.
The Standing Buffalo First Nation argued in a Regina court earlier this year that the energy board refused to acknowledge the group's land claim when it approved the pipeline last year. But Enbridge argued the land in question is not being used for traditional aboriginal purposes.
Justice Karen Sharlow ruled that since the band could appeal the energy board's decision — something it did, unsuccessfully, in December of 2007 — the court can't consider the application for judicial review.
Merv Phillips, who represents the First Nation, said he will not comment while the federal court decides whether to consider three other cases of pipelines in which the First Nation has intervened.