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The Federal Court of Appeal has granted leave to the Gitxaala Nation to apply for judicial review of the Northern Gateway pipeline project's approval.
The Gitxaala is challenging the federal cabinet's approval of the Enbridge project.
The court application argues that the federal Conservative cabinet did not consider the Gitxaala's aboriginal rights and title in approving the oil pipeline proposed by Calgary-based Enbridge.
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"The federal government relied on an unlawful and unreasonable Joint Review Panel (JRP) report when it approved the Northern Gateway pipeline," said the Gitxaala in an emailed statement.