The Federal Court of Appeal will release its decision on the latest Trans Mountain pipeline expansion challenge, in a Feb. 4, 2020 story. (Photo by THE CANADIAN PRESS)

The Federal Court of Appeal will release its decision on the latest Trans Mountain pipeline expansion challenge, in a Feb. 4, 2020 story. (Photo by THE CANADIAN PRESS)

Federal appeals court dismisses application challenging Trans Mountain pipeline approval

This challenge was against the second approval

The Federal Court of Appeal has dismissed the legal challenge to Ottawa’s decision to approve the Trans Mountain pipeline expansion a second time.

In a unanimous, 3-0 decision, the court dismissed four challenges to the approval filed last summer by First Nations in British Columbia, saying in the 95-page decision that “we conclude that there is no basis for interfering” with the decision.

The decision paves the way for construction to continue on the project, though the First Nations have 60 days to appeal to the Supreme Court.

Cabinet originally approved the project, to twin the existing pipeline, in November 2016. Prime Minister Justin Trudeau said at the time it was in Canada’s national interest to build the project, which will provide oilsands producers more room to get their products to market.

That approval was overturned by the Federal Court of Appeal in August 2018, citing an insufficient consultation process with Indigenous communities and a failure to properly take into account the potential impact on marine life from additional oil tankers off the B.C. coast. Ottawa then launched another round of consultations with Indigenous communities and asked the National Energy Board to look at marine life.

In June 2019, cabinet issued its second approval for the project. Following that, the Coldwater Indian Band, Squamish Nation, Tsleil-Waututh and a group of small First Nations in the Fraser Valley asked the court to review the decision a second time. In a December hearing, their lawyers argued the government went into the new consultations having predetermined the outcome.

In their 95-page decision, the judges said that was not true.

“Contrary to the what the applicants assert, this was anything but a rubber-stamping exercise,” the decision says. “The end result was not a ratification of the earlier approval, but an approval with amended conditions flowing directly from the renewed consultations.”

The judges say the government made a genuine effort, listened to and considered concerns raised by First Nations, and sometimes agreed to accommodate those concerns, “all very much consistent with the concepts of reconciliation and the honour of the Crown.”

They also say while it is true not all the concerns raised were accommodated, “to insist on that happening is to impose a standard of perfect,” that is not required by law.

The decision says the second round of consultations did not need to start from the beginning but rather address only some specific concerns raised by the court in its 2018 decision. Today’s decision says the consultations the government held were sufficient to make their decision to approve the project reasonable.

The expansion project would triple the capacity of the existing pipeline between Edmonton and a shipping terminal in Burnaby, B.C., with the new pipeline carrying mainly diluted bitumen for export.

It has become a political football for Trudeau as he insists Canada can continue to expand oil production and still meet its commitments to cut greenhouse gas emissions.

Trudeau’s government stepped up to buy the existing pipeline in 2018 after political opposition to the project from the B.C. government caused Kinder Morgan Canada to pull out from building the expansion. The government intends to finish the expansion and then sell both the existing pipeline and the expansion back to the private sector.

It has been in talks with some Indigenous communities about the sale but Finance Minister Bill Morneau has said the project won’t be sold until all the risks about proceeding are eliminated. Those risks include this court case.

More coming.

READ MORE: Trans Mountain begins laying Alberta pipeline for expansion

READ MORE: Landowner hearings begin for Trans Mountain expansion

READ MORE: Federal Court of Appeal to release ruling on B.C. First Nations’ pipeline challenge

The Canadian Press

Trans Mountain pipeline

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

Just Posted

Revelstoke Mountain Resort opens for the season tomorrow, Nov. 27, 2020. (Liam Harrap/Revelstoke Review)
Know before you go: Revelstoke Mountain Resort opens tomorrow

Masks are mandatory, lineup opens at 6:30 a.m.

COVID-19 signage outside the Queen Victoria Hospital in Revelstoke. (Liam Harrap/Revelstoke Review)
UPDATE: 22 COVID cases in 14 days in Revelstoke

Interior Health is calling the increasing number of cases a community cluster

Revelstoke City Council has appointed a chief election officer, requiring an election within 80 days. (Jocelyn Doll/Revelstoke Review)
City appoints chief election officer, has 80 days to host election

The suggested date to host the byelection is Feb. 13, 2021

COVID-19. (Image courtesy CDC)
Interior Health reports 65 new cases of COVID-19

Province-wide, there are 887 new cases of the virus

Revelstoke City Councillors approved increases to water and sewer fees for 2021. (Review file photo)
City increases sewer and water fees for 2021

Revelstoke City Council approved the increases at their Nov. 24 meeting

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. sets another COVID-19 record with 887 new cases

Another 13 deaths, ties the highest three days ago

RCMP searched for a suspect in Polson Park following an assault on a woman Thursday, Nov. 26. (Morning Star file photo)
Public warned after woman assaulted in Vernon’s Polson Park

RCMP on the hunt for suspect, described as in his 30’s

Arthur Topham has been sentenced to one month of house arrest and three years of probation after breaching the terms of his probation. Topham was convicted of promoting hate against Jewish people in 2015. (Photo submitted)
Quesnel man convicted for anti-Semitic website sentenced to house arrest for probation breach

Arthur Topham was convicted of breaching probation following his 2017 sentence for promoting hatred

Langley School District's board office. (Langley Advance Times files)
‘Sick Out’ aims to pressure B.C. schools over masks, class sizes

Parents from Langley and Surrey are worried about COVID safety in classrooms

The baby boy born to Gillian and Dave McIntosh of Abbotsford was released from hospital on Wednesday (Nov. 25) while Gillian continues to fight for her life after being diagnosed with COVID-19.
B.C. mom with COVID-19 still fighting for life while newborn baby now at home

Son was delivered Nov. 10 while Gillian McIntosh was in an induced coma

The Rutland IGA is located in Willow Park Shopping Centre at 590 BC-33. (Michael Rodriguez - Kelowna Capital News)
Customer asked to mask up, throws hot coffee at Kelowna IGA employee

The woman grabbed cat food on her way out when she refused to wear a mask

City of Armstrong Public Works Yard. (Google Maps)
Armstrong city staffer threatened in snow removal complaint

Community services manager says ‘veiled threat’ is believed to have been flippant, but is being taken seriously

B.C. Premier John Horgan, a Star Trek fan, can’t resist a Vulcan salute as he takes the oath of office for a second term in Victoria, Nov. 26, 2020. (B.C. government)
Horgan names 20-member cabinet with same pandemic team

New faces in education, finance, economic recovery

Most Read