Horgan lauds court’s ruling
British Columbia Premier John Horgan praised the TransMountain ruling as a victory for First Nations and environmental opponents, and credited the resolve of the Tsleil-Waututh Nation for taking the lead on the challenge.
“Today is a victory for the Tsleil-Waututh and I’m very proud they stood fast and made their case and were successful,” Horgan told reporters at the legislature in Victoria.
B.C. will nonetheless proceed with its court reference case that seeks to clarify if it has the jurisdiction to restrict oil flows in pipelines that cross its borders.
Horgan acknowledged he was also considering whether B.C. would seek intervener status if Ottawa did send the project back to National Energy Board hearings.
The British Columbia government’s arguments in the federal Court of Appeal case were dismissed by the judge. However, Horgan said the larger concern he’s been expressing publicly about marine safety and the coastal protection was backed by the ruling.
The Coldwater Indian Band celebrated the federal court decision as a “major legal victory.”
The Interior B.C. First Nation noted the court found that “Canada failed to meaningfully engage with Coldwater, and to discuss and explore options to deal with the real concern about the sole source of drinking water for its reserve.”
Squamish Nation councillor and spokesman Khelsilem said the Trudeau government failed in its rhetoric about reconciliation with First Nations, and the federal court decision shows that.
“This decision reinforces our belief that the Trans Mountain expansion project must not proceed and we tell the prime minister to start listening and put an end to this type of relationship.
“It is time for Prime Minister Trudeau to do the right thing,” said Khelsilem.
In reviewing the concerns of the First Nations that launched the challenge of the federal government’s approval of the pipeline expansion, the federal court found that with rare exceptions Canada did not dialogue meaningfully with the First Nations about their concerns about the National Energy Board’s review.
“While Canada strove to understand those concerns accurately, it failed to respond to them in a meaningful way and did not appear to give any consideration to reasonable mitigation or accommodation measures, or to returning the issue of project-related shipping to the (National Energy Board’s) reconsideration,” said the ruling.
Tsleil-Waututh chief Maureen Thomas noted her community went into consultation with the federal government with open hearts and minds. “But sadly the process could best be described as window dressing.