BLANK SPACER

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.

Just Posted

Alberta is now below 3,000 active cases of COVID-19, as the province reported 2,639 Wednesday. (NIAID-RML via AP)
Red Deer below 100 active COVID-19 cases for first time since March

69.7 per cent of Albertans 12 and over have at least one dose of the COVID-19 vaccine

Premier Jason Kenney says the provincial government is doing everything it can to encourage Albertans to get vaccinated. (Photo by Chris Schwarz/Government of Alberta)
Travel prizes added to Alberta’s vaccine lottery

More than 40 travel rewards available for those who are fully vaccinated

(Advocate file photo)
Red Deer down to 102 active COVID-19 cases

Central zone has 332 cases with 26 in hospital and five in ICU

Storm clouds gathered in Mulhurst, Alta., just before noon June 15, 2021. Photo/ Dan Moster.
Areas of County of Wetaskiwin remain under severe thunderstorm watch

Environment Canada has issued a severe thunderstorm watch for areas of the County.

Maskwacis Pride crosswalk (Left to right): Montana First Nation Councillor Reggie Rabbit, Samson Cree Nation Councillor Louise Omeasoo, Samson Cree Nation Councillor Katherine Swampy, Samson Cree Nation Councillor Shannon Buffalo, Samson Cree Nation Chief Vern Saddleback.
Pride in Maskwacis

The 4th inaugural Maskwacis Pride crosswalk painting took place on Saturday June 12th, 2021

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

A screenshot of the First Peoples Cultural Councils First Peoples’ Map. (First Peoples Cultural Council)
Online resource blends B.C.-Alberta’s Indigenous languages, art and culture

Advisor says initiative supports the urgent need to preserve Indigenous languages

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Russian President Vladimir Putin, left, and U.S President Joe Biden shake hands during their meeting at the ‘Villa la Grange’ in Geneva, Switzerland in Geneva, Switzerland, Wednesday, June 16, 2021. (AP Photo/Alexander Zemlianichenko, Pool)
Biden says meeting with Putin not a ‘kumbaya moment’

But U.S. president asserted Russian leader is interested in improved relations, averting a Cold War

A nurse prepares a shot of the COVID-19 vaccine at the Yukon Convention Centre in Whitehorse on Wednesday, March 3, 2021. THE CANADIAN PRESS/Mike Thomas
Vancouver couple pleads guilty to breaking Yukon COVID rules, travelling for vaccine

Chief Judge Michael Cozens agreed with a joint sentencing submission,

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

COVID-related trash is washing up on shorelines across the world, including Coldstream’s Kal Beach, as pictured in this May 2021 photograph. (Jennifer Smith - Black Press)
Shoreline cleanup finds COVID-related trash increased during height of the pandemic

Great Canadian Shoreline Cleanup reports litter from single-use food packaging nearly doubled

Most Read