Image
Image Caption
Summary
Breaking: Aug. 30
Court of Appeals decision
Federal Court of Appeals has quashed the government's approvals to build the Trans Mountain expansion project. Canada did not fulfil its duty to consult with and, if necessary, accommodate the Indigenous applicants.
Canada must re-do its Phase III consultation. Only after that consultation is completed and any accommodation made can the Project be put before the Governor in Council for approval.
The unjustified failure to assess the effects of Project-related shipping under the Canadian Environmental Assessment Act, 2012 and the resulting flawed conclusion about the environmental effects of the Project was critical to the decision of the Governor in Council. With such a flawed report before it, the Governor in Council could not legally make the kind of assessment of the Project’s environmental effects and the public interest that the legislation requires.
Canada did not fulfil its duty to consult with and, if necessary, accommodate the Indigenous applicants.
Canada must re-do its Phase III consultation. Only after that consultation is completed and any accommodation made can the Project be put before the Governor in Council for approval.
Original article
Tomorrow, Aug. 30, in Calgary, stockholders of Kinder Morgan Canada Ltd will vote on Canada’s offer to purchase the Trans Mountain pipeline and tanker project.
They are expected to accept $4.5 billion for the line, purchased by the company in 2005 for $550 million. The sale will include the existing Trans Mountain line, the Puget Sound pipeline to refineries in Washington State, associated tank farms in Edmonton, Kamloops and Sumas, as well as the Westridge Marine Terminal in Burnaby, BC.
“No matter who owns this pipeline and tanker project, it will be stopped,” said Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs (UBCIC).
After the shareholder vote, the deal is expected to close in the third or fourth financial quarter of 2018. However, the Federal Court of Appeal verdicts, which are scheduled to be released tomorrow morning, could force the outright cancellation of the project.
See a related story here: Indigenous opposition will continue http://www.windspeaker.com/news/windspeaker-news/indigenous-opposition-will-continue-even-if-court-decides-in-favor-of-trans-mountain-pipeline/
“The Trans Mountain pipeline and tanker project does not have the consent of all affected First Nations, and (Prime Minister Justin) Trudeau cannot force this project through without Indigenous consent,” said UBCIC Vice-President Chief Bob Chamberlin. “With Canada as owner, we need to see a major scale up in transparency, accountability and oversight for the project if the courts don’t compel an outright cancellation.”
Chief Judy Wilson, Secretary-Treasurer of the UBCIC, said “First Nations land defenders and water protectors along the pipeline route have launched frontline resistance to the tar sands project. In Secwepemc territory, which comprises more than half the total pipeline route, the Tiny House Warriors are building structures along the construction path. In Tsleil-Waututh, Squamish, and Musqueam territories, Coast Salish leaders built Kwekwecnewtxw – a traditional Watch House beside Kinder Morgan’s construction site to organize resistance to the pipeline and tanker project. We will not back down, no matter how the stockholders vote tomorrow.”