Eel Ground Indian Band v. New Brunswick, 1998 CanLII 9813 (NB QB)

This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

After Repap New Brunswick Inc. (“Repap”) secured approval to construct and operate an industrial waste disposal site in an area within the Miramichi River basin, Eel Ground First Nation applied for an interim injunction to restrain Repap from moving forward with the development. Eel Ground indicated that the area in question had been used for traditional cultural practices since time immemorial and also identified concerns about the environmental effects of the waste disposal development. Having raised these issues, a significant part of their argument emphasized that the lands in question could be of archaeological significance, and that further studies were therefore needed to ensure that a culturally significant area would not be destroyed by development.

In order for the Court to grant an injunction, Eel Ground had to prove that it had raised a serious issue, that it would suffer irreparable harm if the injunction were not granted, and that the balance of convenience weighed in their favour. After consideration, the Court held that Eel Ground had not proven that irreparable harm would occur if the development were allowed to continue, and it also held that the balance of convenience weighed in Repap’s favour, not theirs. Eel Ground’s application was therefore dismissed.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1998/1998canlii9813/1998canlii9813.html

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