Supreme Court nixes challenge to pipeline hearings

Citizens, enviro group denied

VANCOUVER — The Supreme Court of Canada has refused to hear a legal challenge by residents banned from the National Energy Board’s deliberations on Kinder Morgan’s proposed Trans Mountain pipeline in Burnaby.

Vancouver lawyer David Martin said his clients are “obviously disappointed” by the decision. As is its custom, the Supreme Court did not give a reason for denying a legal challenge.

“Nonetheless I commend these brave and principled citizens for bringing the challenge, which has contributed to the now majority consensus that the existing NEB process is fatally flawed and needs to be completely revamped before its recommendations can enjoy the confidence of the public,” said Martin, in a statement from the ForestEthics Advocacy group on Thursday.

“In the result, although this particular appeal to the courts may have been denied, the debate will now move to Parliament.”

The NEB earlier ruled that 468 Burnaby residents are not directly affected and banned them from participating in the NEB’s deliberations.

Residents and ForestEthics filed a constitutional challenge arguing not allowing them to participate violated their constitutional rights to free speech.

A number of environmental groups and politicians acted as interveners in the case, including the Sierra Club of Canada, the Council of Canadians, NDP MP Kennedy Stewart and Green Party Leader Elizabeth May.

Kinder Morgan hopes to triple the bitumencarrying capacity of the Trans Mountain line by laying almost 1,000 kilometres of pipe between Edmonton and Metro Vancouver, increasing the number of tankers in Burrard Inlet to 34 from the current five per month.

The NEB has said the hearing is not meant to be an open forum for the public, but rather an opportunity for interveners to present their oral summary arguments.

Sven Biggs, campaign organizer for ForestEthics Advocacy, said they will redouble their efforts to ensure the next federal government creates a new and fair process for the evaluation of all pipeline proposals.

ForestEthics says barring climate-related evidence and members of the public from speaking at the Kinder Morgan pipeline hearing violates a right to free speech.