National Energy Board: Unlock your doors and let some sunshine in

Row after row of empty chairs line the room at the National Energy Board (NEB) hearing in Burnaby, where the hearings concerning the Kinder Morgan pipeline project are being held.

But the empty room isn't a sign of a lack of public interest. In fact, engaged members of the public have been locked out. The NEB has stated that it closed the doors to "limit potential distractions".

The BCCLA has written to the NEB to call on it to unlock its doors now. Read the letter here.

The NEB is legally a court and, like other courts, is bound by law and the Constituion to be open to the public according to the "open courts" principle. Under Canadian law, a public hearing should only be closed if there is a real risk to the administration of justice. But there is no evidence of any threat that meets the legal test to keep the public out.

That's why we think that closing these hearings is potentially unlawful.

We have the open courts principle to ensure that everyone is free to be present when public decisions are made, and to see justice being done. It’s essential to our system of law. We call on the National Energy Board to open these hearings to the public immediately.

Head over to the BCCLA website to read more about this important issue.

Warmly,

Laura Track, BCCLA Lawyer