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

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

RDEK reminds public to register for their emergency notification system. File photo.
RDEK reminds residents to register for East Kootenay Evacuation Notification System

Provincial Alert system cannot be used for local emergencies

City of Fernie city hall. (Scott Tibballs / The Free Press)
City of Fernie: New orders a challenge, but community is supportive

Mayor Qualizza said that the new public health orders were an opportunity to safeguard the winter season

Sparwood mayor David Wilks was in attendance at the street party to discuss potential changes to Centennial Square.
Wilks reflects on new public health orders

Sparwood Mayor Wilks said that it was important to work towards a normal Christmas in 2020

(File Photo)
Sparwood implements new COVID test

Residents over the age of four qualify for the altered screening method

COVID-19. (Image courtesy CDC)
Interior Health reports 70 new cases overnight

The total number of cases in the region is now at 1,426

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

The corporate headquarters of Pfizer Canada are seen in Montreal, Monday, Nov. 9, 2020. The chief medical adviser at Health Canada says Pfizer’s COVID-19 vaccine could be approved in Canada next month. THE CANADIAN PRESS/Ryan Remiorz
Health Canada expects first COVID-19 vaccine to be approved next month

Canada has a purchase deal to buy at least 20 million doses of Pfizer’s vaccine,

FILE – A paramedic holds a test tube containing a blood sample during an antibody testing program at the Hollymore Ambulance Hub, in Birmingham, England, on Friday, June 5, 2020. (Simon Dawson/Pool via AP)
Want to know if you’ve had COVID-19? LifeLabs is offering an antibody test

Test costs $75 and is available in B.C. and Ontario

The grey region of this chart shows the growth of untraced infection, due to lack of information on potential sources. With added staff and reorganization, the gap is stabilized, Dr. Bonnie Henry says. (B.C. Centre for Disease Control)
B.C. adjusts COVID-19 tracing to keep up with surging cases

People now notified of test results by text message

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

People wear face masks as they pose next to a Christmas display in Montreal, Sunday, November 22, 2020, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
How to tell family their Christmas gathering is too risky and you’re not going

Dr. Hurst says it’s best to frame the conversation from a place of care, stressing safety precautions.

Keanu Reeves in “The Matrix.”
Free ‘Hollywood Suite’ movies in December include ‘Keanussance’ titles starring Keanu Reeves

Also featured is the Israeli-made ‘Valley of Tears,’ a 10-part war drama

FILE - This May 4, 2020, file photo provided by the University of Maryland School of Medicine, shows the first patient enrolled in Pfizer's COVID-19 coronavirus vaccine clinical trial at the University of Maryland School of Medicine in Baltimore.  Pfizer announced Wednesday, Nov. 18, 2020, more results in its ongoing coronavirus vaccine study that suggest the shots are 95% effective a month after the first dose. (Courtesy of University of Maryland School of Medicine via AP, File)
VIDEO: B.C. planning for the rollout of COVID-19 vaccines in the first weeks of 2021

The question of who will get the vaccine first relies on Canada’s ethical framework

Most Read