Spill response vessels take to Burrard Inlet for an exercise, Sept. 19, 2018. (Trans Mountain Corp.)

B.C. First Nations didn’t approach pipeline consultation in good faith: lawyer

Trans Mountain argues the Indigenous groups are relitigating issues raised in the original case

A lawyer for Trans Mountain Corp. is defending the government’s consultation with Indigenous groups over the Crown corporation’s operation and construction of its pipeline project.

Maureen Killoran said Wednesday that the $10 billion project has twice been declared in the national interest by a government that weighed various priorities, perspectives and interests, and the Federal Court of Appeal is tasked with striking the same balance.

The court is hearing arguments about whether a new round of consultations with Indigenous groups on the project was adequate after the same court quashed the government’s initial approval of the pipeline in August 2018.

Killoran told a three-judge panel that the latest round of consultations builds on more than six years of work by Trans Mountain to engage with Indigenous groups and other affected communities, and that will continue through the project life cycle.

She said arguments should be dismissed by the four Indigenous groups who allege the government failed again to meaningfully engage them before approving the project for the second time.

Killoran said the same groups failed to engage with Trans Mountain in good faith or at all and are relitigating issues that were raised in the original case or have taken positions that are effectively a veto against the project.

“We say that such defences serve as a complete bar to the applicants in this case,” Killoran said.

The three-day hearing to consider challenges launched by the Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and a coalition of small First Nations in the Fraser Valley were expected to conclude Wednesday.

Prime Minister Justin Trudeau’s government has twice approved a plan to triple the capacity of the pipeline from Alberta’s oilsands to a shipping terminal in Burnaby.

Several First Nations, environmental groups and the City of Vancouver had originally filed challenges making a range of arguments including that the project threatens southern resident killer whales.

Killoran alleged Trans Mountain was excluded from meetings with the Tsleil-Waututh and Squamish nations, and Squamish did not respond to any correspondence from Trans Mountain.

She also argued that the nations are attempting to revisit issues that have already been dealt with, despite direction from the court that the new round of consultations should be specific and focused on filling gaps related to project impacts on Indigenous rights.

Scientific reports that have been taken into evidence by the National Energy Board should not be the subject of new arguments, she said.

“Where the (energy board) considers conflicting evidence and reaches a determination, this is not a gap on which the Crown needs to permit the applicants a second kick at the can,” she said.

In contrast, she agreed that Coldwater has appropriately identified the lack of a feasibility study on an alternate route for the pipeline as a real gap in earlier rounds of consultations.

The existing pipeline runs through the Coldwater reserve and the First Nation has expressed concerns about impacts to the aquifer that supplies its drinking water.

However, she accused Coldwater’s leadership too of avoiding contact with Trans Mountain and of delaying the initiation of drilling required to begin a requested study of potential impacts on the aquifer.

When asked by one of the judges if she thinks a failure to engage with Trans Mountain constitutes a failure to engage with the Crown, Killoran responded that it is.

“A failure to engage the proponent and take advantage of those opportunities is absolutely a failure to engage,” she said.

READ MORE: B.C. First Nation alleges feds withheld information in pipeline consultation

Amy Smart, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

AA Lacombe Generals win 6-4 blockbuster against Daysland

Five unanswered goals including a penalty shot puts Gens’ ahead

‘Elder in the Making’ Herr Lecture in Lacombe brings light to Treaty 7

Documentary film/interactive talk highlights relationship between Blackfoot elder, Chinese newcomer

Lacombe County, Clearwater County sign Intermunicipal Collaboration Framework

ICF specifies what and how services are funded and delivered

Night Among the Stars supports Lacombe Big Brothers Big Sisters

Dancing competition bring together local celebrities, professional dancers for celebration, gala

Wolf Creek Public Schools’ buses are cancelled and schools are closed

High schools will remain open only for students writing diploma exams

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

RCMP Major Crimes Unit lays charges in Stettler death

Nicholas Climb Johnson, 32, of Stettler is charged with second degree murder in the death of his father

Metis nations ask Ottawa to negotiate directly with them, not national body

Three provincial Metis nations will work through the national council until after the federal government releases its 2020 budget

Canada to give $25,000 to families of each Canadian who died in Iran plane crash

Prime Minister Justin Trudeau also made it clear that Canada still expects Iran to compensate victims

Oil and gas industry applauds top court’s dismissal of B.C.’s Trans Mountain case

The high court’s ruling Thursday removes one of the remaining obstacles for the project

Sylvan Lake RCMP seek assistance in locating missing male

Mark Crier, 17, was last seen in Sylvan Lake on Jan. 13

UPDATE: Supreme Court dismisses B.C.’s appeal in Trans Mountain pipeline case

Judges decide whether B.C.’s power to protect environment can include impeding a federal project

Alberta says universities over-budget; need to freeze travel, hiring, hosting

Demetrios Nicolaides says spending is not meeting expectations

Over 16,000 people nabbed by RCMP between border crossings in 2019

In 2019, 63,830 claims were filed, up from 55,040 in 2018

Most Read