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

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

Work has begun on the $10-million, 120-kilometre fibre-optic line from Playmor Junction to north of Nakusp. File photo
Work begins on Slocan Valley fibre-optic line

The $10-million, 120-kilometre fibre-optic line runs from Playmor Junction to north of Nakusp

Prince Charles Secondary School
School District 8 votes in favour of name change for Secondary School in Creston

In an act of reconciliation, a new name will be chosen for Prince Charles Secondary School

Okanagan Lake (File photo)
Thompson-Okanagan ready to welcome back tourists

The Thompson-Okanagan Tourism Association expects this summer to be a busy one

Jade Osecki leading a Fridays for Future climate march in Nelson in 2020. Photo: Submitted
Nelson Grade 12 student Jade Osecki wins Suzy Hamilton Award

Carolyn Schramm was also honoured in this year’s environmental award for West Kootenay women

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

A Photo from Sept. 2020, when First Nations and wild salmon advocates took to the streets in Campbell River to protest against open-pen fish farms in B.C.’s waters. On Dec. 17, federal fisheries minister Bernadette Jordan announced her decision to phase out 19 fish farms from Discovery Islands. Cermaq’s application to extend leases and transfer smolts was denied. (Marc Kitteringham/Campbell River Mirror)
Feds deny B.C.’s Discovery Island fish farm application to restock

Transfer of 1.5 million juvenile salmon, licence extension denied as farms phased out

John Kromhoff with some of the many birthday cards he received from ‘pretty near every place in the world’ after the family of the Langley centenarian let it be known that he wasn’t expecting many cards for his 100th birthday. (Special to Langley Advance Times)
Cards from all over the world flood in for B.C. man’s 100th birthday

An online invitation by his family produced a flood of cards to mark his 100th birthday

FILE – Nurse Iciar Bercian prepares a shot at a vaccine clinic for the homeless in Calgary, Alta., Wednesday, June 2, 2021. THE CANADIAN PRESS/Jeff McIntosh
B.C. scientists to study effectiveness of COVID vaccines in people with HIV

People living with HIV often require higher doses of other vaccines

A 50-year-old woman lost control of her vehicle Tuesday, June 15, crashing through a West Vancouver school fence that surrounds playing children. (West Vancouver Police)
Driver ticketed for speeding near B.C. school crashes into playground fence days later

‘It’s an absolute miracle that nobody was injured,’ says Const. Kevin Goodmurphy

Dr. Réka Gustafson, who is British Columbia’s deputy provincial health officer, speaks during a news conference in Vancouver on April 8, 2015. THE CANADIAN PRESS/Darryl Dyck
B.C. public health officials prepare to manage COVID-19 differently in the future

Flu-like? Health officials anticipate shift from pandemic to communicable disease control strategies

Maxwell Johnson is seen in Bella Bella, B.C., in an undated photo. The Indigenous man from British Columbia has filed complaints with the B.C. Human Rights Tribunal and the Canadian Human Rights Commission after he and his granddaughter were handcuffed when they tried to open a bank account. THE CANADIAN PRESS/HO-Heiltsuk Nation, Damien Gillis, *MANDATORY CREDIT*
VIDEO: Chiefs join human rights case of Indigenous man handcuffed by police in B.C. bank

Maxwell Johnson said he wants change, not just words, from Vancouver police

Camper the dog was found Wednesday night by someone walking their own dog along Hollywood Crescent. She had gone missing after a violent attack on June 11. (Courtesy of VicPD)
Camper the dog found safe after fleeing violent van attack in Victoria

Young dog was missing for almost a week after incident

Most Read