Enoch Cree Nation v. Canada

Injunction - Irreparable harm - Appeal of order

The Federal Court of Appeal released a decision on November 3, 2014 in Enoch Cree Nation v. Canada, dismissing Enoch Cree Nation's appeal from a Federal Court order from January of this year. The order of Justice Phelan of the Federal Court had dismissed their motion for an injunction to stop activities related to the development of an aerodrome or airport next to their reserve. The Federal Court of Appeal found no basis for interfering with the earlier decision to dismiss this motion, finding that on the evidence before Justice Phelan it was open to him to conclude, as he did, that Enoch Cree Nation would not suffer irreparable harm if an injunction was not granted while their duty to consult challenge to the aerodrome/airport development proceeds to trial. The Federal Court of Appeal noted that "many of the concerns raised by the appellants could be addressed by proceeding to trial as expeditiously as possible".