Federal Court of Appeal overturns approval of Trans Mountain Pipeline expansion

A panel of three judges have voted unanimously to overturn approval of the contentious Trans Mountain Pipeline expansion.

The approval was given by Prime Minister Justin Trudeau’s government in 2016, who announced plans to purchase the pipeline and expansion project for $4.5 billion this spring.

According to the court, the National Energy Board’s review of the project was so flawed that the federal government couldn’t rely on it as a basis for approval of the expansion.

The federal government has failed to engage in meaningful consultations with First Nations before giving the project the green light, says the court.

Trans Mountain project: FCA dismisses applications challenging NEB report recommending approval of expansion (report cannot be judicially reviewed) but allows applications challenging Order in Council approving expansion. Link to reasons for judgment to be posted shortly.

— Federal Court of Appeal (@FedCourtApp_en) August 30, 2018

As a result of the ruling, the National Energy Board now has to conduct a new review, which the court suggest could be kept short, and the government will have to redo its consultations with Indigenous groups.

The court found that there was no “meaningful two-way dialogue” between the two sites and the government “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision−makers."

The Indigenous applicants were entitled to a dialogue that demonstrated that Canada not only heard but also gave serious consideration to the specific and real concerns the Indigenous applicants put to Canada, gave serious consideration to proposed accommodation measures and explained how the concerns of the Indigenous applicants impacted Canada’s decision to approve the project.

The Squamish Nation released a statement today saying that the court’s decision reinforces their belief that the project must not proceed.

“It is time for Prime Minister Trudeau to do the right thing.”

The expansion would triply the capacity of the Trans Mountain Pipeline from near Edmonton to Burnaby to nearly 900,000 barrels a day.

It would also significantly increase the number of tankers in Burrard Inlet in Vancouver, where Mayor Gregor Robertson said the decision validates concerns from the city.

"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.

The Federal Court case was the most significant legal challenge facing the project and the decision may still be appealed to the Supreme Court of Canada.

With files from the Canadian Press.