A First Nations group has withdrawn its request to have hearings in front of the National Energy Board's Joint Review Panel over constitutional questions regarding the proposed Northern Gateway pipeline.
In a letter to the panel released on Monday, the Gitxaala First Nation indicated that they now believe the board doesn't have the authority to rule on the constitutionality of certain aspects of the National Energy Board Act.
Lawyer Robert Janes, who represents the Gitxaala, said his client's decision to withdraw their application is not a change of heart on whether or not the National Energy Board has the authority to allow Northern Gateway to proceed with its proposal to connect northern Alberta and Kitimat with a pipeline and export terminal. Instead, the Gitxaala have determined the federal cabinet - which retains the ultimate decision-making power surrounding the environmental assessment application - should be the ones answering questions around the future of the project.
Janes said further court action around the constitutionality of the project could proceed if the federal government gives the project a green light. The Joint Review Panel is expected to provide recommendations by the end of this year and the cabinet is expected to rule sometime in early 2014.
The Carrier Sekani Tribal Council has also expressed an interest in possibly challenging cabinet's decision in court.
Originally the Joint Review Panel was the final decision-making body, but that changed last year when the federal government changed the legislation surrounding the environmental review process. Janes said it was those legislative changes that prompted his client to withdraw its request to have the panel rule on constitutional questions.
The Joint Review Panel has indicated that if constitutional arguments are required, they will take place after final arguments next month. With the Gitxaala withdrawing their application, it's unclear on whether or not those hearings will be required.
Janes said his client consulted with other interveners who had expressed an interest in raising constitutional questions before it made its decision to withdraw the application.
Final written arguments from all interveners, including those around the constitutional questions, are due by Friday. The final oral arguments are set to begin in Terrace on June 17.
