BC First Nations celebrate Trans Mountain pipeline expansion stall

VANCOUVER (NEWS 1130) – Several B.C. First Nations are celebrating the Federal Court of Appeal’s decision to effectively stall the Trans Mountain pipeline expansion, calling the ruling a “vindication” for their communities.

The court ruled the federal government failed to adequately consult with First Nations and other stakeholders before it approved the multi-billion dollar project. Ottawa now must resubmit the project to the National Energy Board for approval.

Members of the Squamish, Tsleil-Waututh and Coldwater nations gathered in Vancouver’s Crab Park on the shores of Vancouver Harbour to sing, dance, and embrace to mark what they consider a major legal victory.

“I cannot begin any words to express our feeling of elation, happiness and joy,” Squamish councillor Khelsilem said. “Indigenous people have won. This project is stopped in its tracks right now.”

In a written decision, the court said the energy board’s review was so “unacceptably flawed” the federal government could not rely on it as a basis for its decision to approve the expansion. The consultation framework was reasonable, and “if Canada properly executed it, Canada would have discharged its duty to consult,” according to the court.

It said there was not “a genuine and sustained effort to pursue meaningful, two-way dialogue.”

“I’m absolutely elated. I’m ecstatic,” Union of BC Indian Chief’s Grand Chief Stewart Phillip said. “I was anticipating coming here and talking about the need to carry on the battle, and I was really taken aback by the decision.”

The decision means the government will have to redo part of its consultations with Indigenous groups.

“Canada acknowledged it owed a duty of deep consultation to each Indigenous applicant. More was required of Canada,” reads the decision.

It also found Canada was unwilling “to meaningfully discuss and consider possible flaws in the National Energy Board’s findings and recommendations.”

 

 

Experts say the ruling will likely be appealed to the Supreme Court of Canada. First Nations groups say they are prepared to continue their fight against the project.

“They must behave honourably, they must go back to the drawing board. This whole process must be restarted,” Khelsilem said. “The Trudeau government failed in its rhetoric about reconciliation with First Nations’ and this court decision shows that. This decision reinforces our belief that the Trans Mountain Expansion Project (TMX) must not proceed and we tell the Prime Minister to start listening and put an end to this type of relationship. It is time for Prime Minister Trudeau to do the right thing.”

In addition to general concerns over the pipeline, the Squamish Nation is worried an increase in oil tanker traffic brought on by the expansion could increase the risk of a marine spill which it says would “be catastrophic for those communities, the economy, and the Squamish people.”

The Coldwater Indian Band said the pipeline route passes an aquifer that is the sole supply of drinking water for its main reserve.

“This is a major victory for my community,” Coldwater Chief Lee Spahan said. “Thankfully, the court has stepped in where Canada has failed to protect and respect our rights and our water.”

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall. They were supported by the province of British Columbia, which acted as an intervener.

Alberta was also an intevener and the province’s lawyer told the court Ottawa’s decision to approve the pipeline expansion was based on broad evidence that considered environmental, economic and Indigenous interests.

Vancouver Mayor Gregor Robertson said Thursday’s decision validates his city’s concerns about marine impacts and Indigenous consultation.

“This decision is a monumental win for the rights of Indigenous Peoples and all of us who stand with them in firm opposition to a project that would massively increase climate pollution and put our coast at huge risk of oil spills,” Robertson said in a statement.

Prime Minister Justin Trudeau’s government approved Trans Mountain in 2016. It announced plans this spring to buy the pipeline and expansion project for $4.5 billion.

Meanwhile, shareholders in Kinder Morgan Canada Ltd. have voted more than 99 per cent in favour of the sale of its Trans Mountain pipeline and expansion project to the federal government for $4.5 billion.

The brief meeting in Calgary was chaired by the CEO of both Kinder Morgan Canada Inc. and its U.S. parent, Steven Kean.

The expansion between Alberta’s oil patch and the company’s terminal in Burnaby would triple the pipeline’s capacity and has attracted protests across B.C.