DEFIANCE AND LAW
The rule of law is a fundamental principle underlying Canadian democracy. The role of the courts is to ensure everyone is accountable to the law and that justice is dispensed equitably. Defying a judgment by the court undermines the rule of law and accordingly invites consequences reflecting society’s disapproval of the offence.
Environmental advocacy group ForestEthics, now known as Stand.earth, launched a legal challenge in 2014 against the National Energy Board’s approval of changes to Line 9, a pipeline that runs between Ontario and Quebec, claiming there had been inadequate consultation. Enbridge was an intervener in the court proceeding.
ForestEthics lost its case — the court finding that consultation had indeed been adequate and the NEB decision reasonable — and Enbridge was awarded costs of $14,559. Stand.earth says it refused to pay “on principle.”
Whatever principle Stand.earth was espousing doesn’t override the requirement to respect a court ruling so Stand.earth should not have been surprised when sheriffs showed up at its offices this week to seize assets on Enbridge’s behalf. Stand.earth cried poor, accusing Enbridge, which reported earnings of $1.5 billion for the six months ended June 30, of bullying the non-profit whose five staffers sit at desks purchased on Craigslist for $30. However, Stand.earth’s U.S. parent recently reported assets of $1.4 million.
Enbridge decided at the last moment not to proceed with the seizure for reasons it did not disclose.
Chippewas of the Thames First Nation also challenged the NEB’s approval of Enbridge’s Line 9 application to reverse the flow and expand capacity of the pipeline, which runs through the band’s territory. It argued that the NEB had no legal authority to approve such projects because the Crown’s duty to consult had not been adequately discharged.
The Supreme Court of Canada ruled that the NEB had the authority as the final Crown decision maker, that the Chippewas had the opportunity to make submissions and participate in the hearing process (and were given funding to do so), that Aboriginal rights were recognized and that accommodation measures were imposed on Enbridge. But, like Stand.earth, Chippewas refuses to abide by the court’s ruling.
Canada’s legal system is made stronger by challenges that oblige learned men and women on the bench to interpret legislation and consider its impacts. It is weakened by those who refuse to abide by the decisions of the court and transgress against the essential foundation of our civilization — the rule of law.