FEDERAL COURT JURISDICTION |
Appeal Division |
Federation of Saskatchewan Indian Nations v. Alliance Pipelines Ltd. (Alliance)
A-279-01
2003 FCA 238, Pelletier J.A.
28/5/03
3 pp.
Proceedings initiated by filing of notice of appeal--While Federal Court Act, s. 28 provides Court has jurisdiction to entertain applications for judicial review of decisions of National Energy Board, s. 18.5 also provides judicial review not available where party has right of appeal--Under National Energy Board Act, s. 22, decision of Board may be appealed to Court on question of law, jurisdiction--Therefore, applicants, who were parties to proceedings giving rise to decisions in issue, bound to proceed by way of appeal--S. 22 also provides appeal lies only with leave of Court--In absence of leave being granted, Court has no jurisdiction to hear appeal--Application quashed for lack of jurisdiction--Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.5 (as enacted by S.C. 1990, c. 8, s. 5; 2002, c. 8, s. 28), 28 (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 61; S.C. 1990, c. 8, s. 8; 1992, c. 26, s. 17)--National Energy Board Act, R.S.C., 1985, c. N-7, s. 22 (as am. by S.C. 1990, c. 7, s. 11).