Sipekne’katik v. Nova Scotia (Environment), 2017 NSSC 23

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 Judge: The Honourable Justice Suzanne M. Hood Heard: November 14 and 15, 2016 in Halifax, Nova Scotia Final Written Submissions: December 20, 2016 Written Decision: January 27, 2017 Subject: Environment Act appeal; procedural fairness; adequacy of consultation.

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. 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? 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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