The application, filed in Toronto August 13th, calls for the Federal Court of Canada to strike down provisions of the National Energy Board Act that unreasonably restrict public comment on project proposals. ForestEthics Advocacy and Ms. Sinclair are also challenging new NEB rules, which prevent any discussion of the wisdom of tar sands development at the upcoming Enbridge Line 9B hearings.

The National energy Baord (NEB) regulates the oil, gas, and electricity industries and approves pipeline construction, coal and uranium mining, liquified natural gas projects, and tar sands development in Canada. Its decisions have massive environmental and health implications, especially for projects that cross provincial or international borders. Under the new rules, many Canadians are blocked from participation.

"Through legislative changes snuck into last year's Omnibus Budget Bill C-38, the Conservative government has undermined the democratic rights of all Canadians to speak to the issues that impact them," explained Mr. Ruby. "Right now, they cannot question the development of the tar sands itself! We're challenging the legislation and the NEB's new rules because they violate fundamental free speech guarantees enshrined in the Canadian Charter of Rights and Freedoms."