BLANK SPACER

VIDEO: Federal appeals court approves six First Nations challenges of Trans Mountain pipeline

Environmental challenges were dismissed, disappointing those groups

The Federal Court of Appeals has ruled that six of 12 legal challenges to the Trans Mountain pipeline expansion can go ahead.

Wednesday’s ruling will allow groups to appeal the second phase of the expansion, which the federal government approved for the second time in June.

Concerns raised about the pipeline include inadequate environmental protections and some First Nations’ beliefs that Ottawa had predetermined the outcome before entering into discussion.

The federal government bought the Trans Mountain pipeline for $4.5 billion in 2018.

The appeals court said the challenges would proceed on a “highly expedited schedule.”

The First Nations that were granted leave to appeal are the Upper Nicola Band; the Tsleil-Waututh Nation; the Squamish Nation; the Coldwater Indian Band; Chief Ron Ignace and Chief Rosanne Casimir, on their own behalf and on behalf of all other members of the Stk’emlupsemc Te Secwepemc of the Secwepemc Nation; and Aitchelitz, Skowkale, Shxwhá:y Village, Soowahlie, Squiala First Nation, Tzeachten, Yakweakwioose.

The court said the approved challenges are limited to the “narrow issue of the adequacy of the Government of Canada’s further consultation with Indigenous peoples and First Nations between August 30, 2018 and June 18, 2019 and related issues.”

READ MORE: Canada’s bias meant improper consultations: First Nations challenging pipeline

The court said the decision to allow challenges based on First Nations consultations to proceed was made even after giving Ottawa “leeway” in its talks with the nations, as well as giving a high level of defence to the government’s right to approve the pipeline.

“Compliance with the duty to consult is not measured by a standard of perfection,” wrote Justice David Stratas in his reasons.

The appeals court first struck down Ottawa’s approval of the pipeline expansion in August, citing the National Energy Board’s failure to consider marine impacts and inadequate First Nations consultation.

The board re-approved the pipeline earlier this year, and the Trudeau government made the decision to proceed with the project on June 18.

In appeals that followed, First Nations said Canada again did not meaningfully consult with them.

Stratas wrote that the First Nations considered the further consultations rushed and as “window-dressing, box-ticking and nice-sounding words, not the hard work of taking on board their concerns, exploring possible solutions, and collaborating to get to a better place.”

He said the environmental challenges were denied because they were either the same as ones made in last August’s appeal, or ones that could and should have been made at that time. The court does not rehear old arguments.

Environmental concerns about the impact of increased marine traffic were dismissed because the National Energy Board’s “comprehensive, detail-laden, 678-page report” was found to have satisfied that requirement.

Environmental groups said they were disappointed with the decision.

“We remain committed to protecting the southern resident killer whales, fighting climate change, and holding Cabinet to account, and we will review our legal option in the coming weeks,” a statement from Ecojustice, Raincoast Conservation Foundation and Living Oceans Society said. “Given the urgency of this situation, we will not rule out taking our fight to the Supreme Court of Canada.”

The six parties granted leave to appeal must file notices of application for judicial review within seven days.

READ MORE: Environmental groups challenge Trans Mountain, citing killer whale concerns

READ MORE: Trans Mountain gives contractors 30 days to get workers, supplies ready for pipeline


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

White Rock’s top cop calls for ‘healthcare led intervention model’

Review aims for better understanding of crime related to mental health, substance use

Surrey man found guilty in West Kelowna killing of common-law spouse

Tejwant Danjou was convicted of second-degree murder in the July 2018 death of Rama Gauravarapu in West Kelowna

‘Best of Cloverdale’ contest returns

Voters can cast ballots once a day until Sept. 5; enter to win $250 gift card for Save-On-Foods

Surrey monitoring traffic as vehicles again clog city streets

Compared with city’s 2019 weekly average, deepest volume reduction was in late March with up to 46 per cent less vehicles

New collective debuts with Crescent Beach show

Nela Hallwas and Lyn Verra-Lay team for ‘Flow’

STANDING TALL: Forestry workers meet the challenges, remain hopeful

A look at the forest sector in B.C. – and those hoping for the best – amid mill curtailments

Man suffers serious injuries in bear attack in remote area near Lillooet

It was deemed a defensive attack, no efforts were made to locate the animal

Parkinson SuperWalk goes virtual throughout B.C. due to COVID-19

People encouraged to walk around their neighbourhood, along community trails, through parks, forests

Missed rent payments ‘cause of COVID-19? You have until July 2021 to pay up

Each monthly instalment must be paid on the same date the rent is due

U.S.-Canada pandemic border restrictions extended into September

‘We will continue to keep our communities safe,’ says Public Safety Minister Bill Blair

578 British Columbians currently infected with COVID-19

Seventy-eight new cases confirmed in past 24 hours

WE Charity registers as lobbyist, lays off staff, looking to sell real estate

WE Charity said its financial position has been greatly affected by the COVID-19 pandemic

Conservation seizes fawn illegally kept captive in Vancouver Island home

A Comox Valley resident charged and fined under the Wildlife Act

Pandemic could be driving more parents to get on board with flu shot: study

University of B.C. study gauges willingness for parents to vaccinate children for influenza

Most Read