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

New plane for Air Search and Rescue Association

The new Cessna 182 will also be used for Angel Flight services

Fernie Chamber of Commerce signs lease for downtown coworking space

By: Brad Parsell, Executive Director Fernie Chamber of Commerce The Fernie Chamber… Continue reading

Province looking at steps to dissolve Jumbo resort municipality

Disincorporating municipality will likely require a legislative change, according to the province

Elkford curlers dominate East Kootenay Playdowns

The East Kootenay High School Curling Playdowns took place in Fernie last weekend

Almost 20,000 parking tickets issued by Interior Health at hospitals in 2019

In 2018, pay parking in Interior Health hospitals totalled $5.3 million of their $2.2-billion budget

VIDEO: WHO says China virus not global health emergency

The decision came after Chinese authorities moved to lock down three cities on Thursday

Northern B.C. RCMP investigating alleged sexual assault in downtown Smithers

One person was transported by ambulance to hospital following RCMP investigation at Sedaz

Here’s what Canada is doing to stop the coronavirus from getting in

Health officials are monitoring multiple possible cases in Canada

RCMP investigating sexual allegation against Lower Mainland police officer

Delta officer suspended while the alleged off-duty incident involving a co-worker is investigated

VIDEO: Rare ‘ice circle’ spotted on Kamloops river

An ice circle or ice pan, has formed in the chilly waters just east of the Yellowhead Bridge

Interior Health issues drug alert in Kamloops

Testing of two samples of drugs sold as crystal meth was positive for fentanyl

Investigators in wildfire-torn Australia head to site of B.C. airtanker crash

The B.C. government sends condolences to Port Alberni-owned Coulson Aviation

VIDEO: Person in wheelchair narrowly avoids collision with car in Kelowna

There were no injuries in the scary looking near-accident last week in Rutland

B.C. still struggling to control non-resident medical care fraud

Unpaid bills, out-of-province claimants a costly legacy of MSP

Most Read