Friday, March 29, 2024
ADVT 
National

Significant Court Decision Could Determine Trans Mountain's Fate: Experts

The Canadian Press, 29 Aug, 2018 12:28 PM
    VANCOUVER — A court decision expected Thursday could determine the fate of the contentious Trans Mountain pipeline expansion and further define Canada's duty to consult with First Nations, experts say.
     
     
    The Federal Court of Appeal is to rule on a case that combined nearly two dozen lawsuits calling for the National Energy Board's review of Kinder Morgan Canada Ltd.'s project to be overturned.
     
     
    First Nations, including the Tsleil-Waututh and Squamish on British Columbia's south coast, argued the federal government did not adequately consult them before the energy board review or the cabinet decision to approve the project.
     
     
    A ruling in the Indigenous groups' favour would be likely to kill the multibillion-dollar pipeline expansion that Canada has offered to purchase, said George Hoberg, a public policy professor at the University of British Columbia. 
     
     
    "If the Federal Court strikes down the permit authorizing the pipeline because of inadequate consultation, or for another reason, then I don't see how the pipeline project can proceed — unless or until the Supreme Court reversed that decision," he said.
     
     
    Lawyers for the federal government told court that Ottawa conducted extensive consultation. If the government wins, the project will move forward, but a "very strong, persistent campaign of civil disobedience" by protesters in B.C. will persist, Hoberg said.
     
     
    The decision is likely to be appealed to the Supreme Court of Canada either way, Hoberg predicted, and another 18 months to two years will pass before it's settled.
     
     
    Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last November, They were  supported by the province of British Columbia, which was an intervener, as was Alberta. The province's lawyer said Ottawa's decision to approve the pipeline's expansion between Edmonton and Metro Vancouver was based on a broad base of evidence that considered environmental, economic and Indigenous interests.
     
     
     
     
    Kinder Morgan shareholders are set to vote on whether to approve the sale of the pipeline and expansion project to the Canadian government for $4.5 billion on Thursday morning, 30 minutes after the court decision is released.
     
     
    The timing is a coincidence, said Amelie Lavictoire, executive director of the Federal Court of Appeal.
     
     
    Asked if Canada could walk away from the deal if the ruling quashes the permit, a Finance Department spokesman said the agreement has been signed and there's no backing out.
     
     
    The government undertook a "very vigorous" review process before approving the project and is confident it will win the case, Natural Resources Minister Amarjeet Sohi said Tuesday.
     
     
    "We await their decision ... and we will respond accordingly, but we are moving forward on this project because this project is in the national interest."
     
     
    A ruling against the government would probably slow down the project but not necessarily stop it, said Werner Antweiler, a business professor at UBC.
     
     
    "Ultimately, the federal government has legislative powers to see this project through," he said in an email.
     
     
    "The political cost will be substantially higher, though, if the court finds that the NEB failed in its duty to consult and accommodate Indigenous communities."
     
     
    The Crown's duty to consult does not equal a veto power for First Nations, Antweiler said, and the decision will come down to what the court deems adequate consultation.
     
     
    Rueben George, manager of the Tsleil-Waututh Nation's Sacred Trust Initiative, said Canada never intended to consult in good faith and he expects the case to wind up in the Supreme Court.
     
     
    "What I want is for the best interests of Canada — and that's for this pipeline not to go through," he said.
     
     
    Kinder Morgan has already won several court victories, including one last week when the Supreme Court of Canada dismissed an application from the City of Burnaby to overturn a lower court decision.
     
     
    Dwight Newman, Canada Research Chair in Indigenous Rights at the University of Saskatchewan, suggested Prime Minister Justin Trudeau's government learned from a Federal Court ruling in 2016. It found the previous administration had failed to adequately consult with First Nations on Enbridge Inc.'s Northern Gateway pipeline.
     
     
    The Liberal government further consulted with Indigenous groups and other stakeholders on the Trans Mountain project later that year, he noted.
     
     
    "You might anticipate, then, that they have fulfilled consultation and the First Nation claims might be unsuccessful. But there could be a new surprise out of this case yet."

    MORE National ARTICLES

    3-Year-Old Surrey Boy Falls Through Trampoline At Richmond Air Park Where Man Previously Died

    3-Year-Old Surrey Boy Falls Through Trampoline At Richmond Air Park Where Man Previously Died
    Surrey, B.C. woman Ravi Gill-Douglas's 3-year-old son was at a birthday party at Extreme Air Park when he fell between the springs at the edge of one of the trampolines, hitting the floor below.

    3-Year-Old Surrey Boy Falls Through Trampoline At Richmond Air Park Where Man Previously Died

    50-Yr-Old Driver Charged After Crashing Stolen Truck On Main Street, 4 Taken To Hospital

    50-Yr-Old Driver Charged After Crashing Stolen Truck On Main Street, 4 Taken To Hospital
    Andrew Dollman, 50, allegedly crashed a stolen pickup into a Ford Focus and two two parked cars.

    50-Yr-Old Driver Charged After Crashing Stolen Truck On Main Street, 4 Taken To Hospital

    Fatal Overdose Call Leads To Discovery Of Suspected Drug Lab In East Vancouver

    Fatal Overdose Call Leads To Discovery Of Suspected Drug Lab In East Vancouver
    Just before 2 a.m. Saturday, Vancouver Police were called to investigate a sudden death, due to an apparent drug overdose, in an apartment on Rhodes Street near East 41st Avenue. 

    Fatal Overdose Call Leads To Discovery Of Suspected Drug Lab In East Vancouver

    Robbery Suspect Arrested At Abbotsford Home

    Robbery Suspect Arrested At Abbotsford Home
    A 36-year-old man was taken into custody in Abbotsford, B.C. following reports of a robbery Saturday morning.

    Robbery Suspect Arrested At Abbotsford Home

    Police Say Speed A Factor In Fatal Crash Involving Co-Op Car In Vancouver

    Police Say Speed A Factor In Fatal Crash Involving Co-Op Car In Vancouver
    A 30-year-old Burnaby man died and his 32-year-old male passenger from Langley was taken to hospital with minor injuries after the crash of their co-op vehicle early Friday morning.

    Police Say Speed A Factor In Fatal Crash Involving Co-Op Car In Vancouver

    Arrests In Williams Lake Following Seizure Of Weapons, Drugs Including Fentanyl

     RCMP say six people have been arrested following the seizure of drugs, firearms and a large amount of cash at a home in Williams Lake, B.C.

    Arrests In Williams Lake Following Seizure Of Weapons, Drugs Including Fentanyl