Jackpine constitutional challenge is probably headed to court

EDMONTON – A constitutional challenge to Shell’s Jackpine oilsands mine expansion seems headed to the courts after a regulatory panel refused to deal with it.

The Athabasca Chipewyan First Nation had asked the panel reviewing the project to agree that Shell’s (TSX:SHC) plans would violate their constitutional rights by making it impossible to use their land for traditional purposes.

But the federal-provincial panel looking at the project says those questions are beyond its jurisdiction and so refused to rule on them.

A spokewoman for the band says the challenge will probably now head to the Alberta Court of Appeal.

The band could also ask to delay the hearings, which are scheduled to begin next Tuesday.