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TMX CHALLENGE DENIED

First Nations’ challenges to TMX pipeline project denied on appeal

Feb 4, 2020 | 12:03 PM

OTTAWA – The Federal Court of Appeal says the government’s decision to approve the Trans Mountain pipeline expansion a second time is reasonable and will stand.

In a unanimous, 3-0 decision today, the court dismissed four challenges to that approval launched last summer by First Nations in British Columbia.

The First Nations argued at a hearing in December the government went into consultations with Indigenous communities in the fall of 2018 having predetermined the outcome in favour of building the project.

But the three judges who decided the case say cabinet’s second round of consultations with First Nations affected by the pipeline was “anything but a rubber-stamping exercise.”

The judges say the government made a “genuine effort” to listen to and consider the concerns raised by the First Nations and introduced new conditions to mitigate them.

Alberta Premier Jason Kenney calls the decision a “victory for common sense,” saying the project can go ahead, and help create economic prosperity for Canadians.

“While we respect the opinion of those who have voiced opposition to the project, the fact is the majority of First Nations communities – and the majority of Canadians – want to share in the economic benefits of responsible resource development. That’s demonstrated by the 58 mutual benefit agreements that Trans Mountain has signed with Indigenous communities across Alberta and British Columbia.

“We particularly appreciate the clarity in the decision that the duty to consult does not equal a veto.”

He adds that while this is a milestone, the completion of the construction remains as the true mark of success, and that celebrations should be held off until oil is flowing through the pipeline.

NDP Leader Rachel Notley also issued a statement, in which she says she’s very happy with the court’s decision.

“We are very pleased the Federal Court of Appeal has ruled in favour of the Trans Mountain Pipeline expansion. We know that this project is a vital plank in the plan to reconstruct Alberta’s economy and restore jobs to Alberta families.

“That is why we worked so hard to change national opinion, why we stood up to B.C. when they threatened it, and why we pressured the federal government to buy the pipeline when it was in jeopardy. Today the project is in play, and that is good news for Alberta.”

The expansion project would triple the capacity of the existing pipeline between Edmonton and a shipping terminal in Burnaby, B.C.