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

Missing Abbotsford man may be in in the region: RCMP

Cranbrook RCMP is asking the public to keep an eye out for… Continue reading

Cranbrook snowfall shouldn’t accumulate for long

A brief weather system has brought some snow with it into Cranbrook… Continue reading

White Tiger Taekwondo students earn accolades at Kalispell event

White Tiger Taekwondo recently returned with a third place team finish at… Continue reading

Driver promoted to Cranbrook fire chief

Longtime deputy director of operations steps up to lead Cranbrook Fire and Emergency Services

VIDEO: Canadian allergists’ group wants Benadryl behind the counter due to side effects

Some doctors say the medication is over-used because of its easy availability

B.C. forest industry trade mission finding new markets in China

Diplomatic tensions eased, minister Doug Donaldson says

Sex assault charge stayed against Port Moody mayor

Rob Vagramov completed an alternative measures program, special prosecutor said

“I thought, enough is enough”: B.C. teen takes on bullies through social media

‘I thought, enough is enough. I wanted to try something to stop it.’

Audit finds Canada’s fisheries in decline and response lacks urgency

Report says 17 per cent of fish stocks are critically depleted, up from 13.4 per cent in 2018

Small group of Cherry fans protest his firing at Rogers HQ

One sign at the Toronto rally: ‘Rogers cancels Don, we cancel Rogers’

Nearly half of B.C. drivers nervous in winter conditions: BCAA

‘Wait and see’ approach common practice for 32% of B.C. motorists

Autism support dog refused bus access for being a ‘pet’

B.C. grandmother files complaint with TransLink, calls for better awareness of service dogs

Students plan rally at B.C. education minister’s office as district strike enters third week

Saanich School District students plan to rally outside Rob Fleming’s constituency office in Victoria

Most Read