What’s next in battle over TMX pipeline?
Supreme Court dismisses B.C. Indigenous appeal of federal approval of Trans Mountain project
The Trans Mountain pipeline expansion overcame a significant legal challenge Thursday but several First Nations vow to continue work to halt the project, which employs thousands in B.C. and Alberta.
The Supreme Court of Canada dismissed an appeal from the Squamish Nation, the Tsleil-Waututh Nation and the Coldwater Indian Band, apparently the last known legal challenge to the project’s federal approval.
The dismissal, which as usual came with no explanation for the decision, effectively upholds a decision by the Federal Court of Appeal in February that Ottawa’s June 2019 approval of the project was sound.
The First Nations behind the appeal said they were disappointed but not surprised by the outcome, and vowed to fight on.
“What I can tell you today is that this is not the end of our story,” said Tsleil-Waututh Nation Chief Leah George-Wilson at an online news conference.
George-Wilson said she will now consult with her community before deciding what to do next. She and other community leaders said some legal options remain open but declined to say what they are.
Chris Lewis, a Squamish Nation councillor, said the next steps for his community will be “focused on protecting our territory to the full extent possible.” He said a continuing study about diluted bitumen will be a key part of that.
Coldwater Chief Lee Spahan said his community will continue to push back about the planned pipeline route, which he says endangers its aquifer, the First Nation’s sole source of drinking water.
On Wednesday, the pipeline firm announced it had started construction of a seven-kilometre section of pipeline in Kamloops, expected to be completed in seven months. More than 4,900 people were working on the project as of May 31, a Trans Mountain spokesperson said in an email. The firm is also laying pipe in Greater Edmonton and in Yellowhead in Alberta.
Other construction is underway at the Burnaby Terminal, the Westridge Marine Terminal, the Edmonton Terminal, the Kingsvale Transmission Line, pump stations in B.C. and Alberta, and a “reactivation segment” in Alberta.
“We remain on track for our expected in-service date of December 2022,” the spokesperson wrote.
Federal Natural Resources Minister Seamus O’Regan said the federal government had worked hard to hear and accommodate communities’ concerns with the project and welcomed the court’s decision.
“The government approved
TMX because it is an important project for Canada,” he said in a statement. “Construction of TMX is underway and has already created more than 4,900 good, well-paying jobs, will help us gain access to new markets for our resources and generate revenue to help fund clean-energy and climate-change solutions.”
Alberta Premier Jason Kenney called the dismissal another “legal vindication” for the pipeline, which was first proposed eight years ago but has been delayed by numerous legal challenges.
It clears the way for construction to continue on the project, which will nearly triple the amount of diluted bitumen that can be carried from Alberta’s oilsands to a marine terminal in Burnaby.
“This is yet another critical victory for pipelines, for our prosperity,” Kenney said at an event in Taber, Alta., on Thursday morning.
What I can tell you today is that this is not the end of our story.
Tsleil-Waututh Nation Chief Leah George-Wilson