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

Swoop Airlines. (Contributed)
Daily direct flights between Abbotsford and Toronto start Wednesday

Swoop announces new operations at Toronto Pearson Airport

Chilliwack-Kent MLA Laurie Throness watches the results on election night. The ex-Liberal’s tumultuous campaign and the narrow margin for victory ahead of the mail-in ballot count leaves the future of the riding’s seat in limbo for at least the next week. (Facebook/Laurie Throness)
B.C. VOTES 2020: Future for incumbent Throness uncertain as riding awaits results

Chilliwack-Kent candidate hopeful, resigned waiting on final count

Photo by Nick Fewings on Unsplash
Trick-or-treat drive-thru takes place at Tradex in Abbotsford

Treats and giveaways handed out at event on Saturday, Oct. 31

The Abbotsford Trail Running Club has transformed the Valley Vertikiller into the Valley Verticuddler for 2020. (Matt Bolam photo)
Abbotsford Trail Running Club transforms Valley Vertikiller into Verticuddler for 2020

Local club has raised close to $3,000 for Central Fraser Valley Search and Rescue with event

File Photo
COVID-19 outbreak declared at Agassiz Seniors Community

First declared outbreak in Agassiz-Harrison since pandemic began

FILE – Provincial Health Officer Dr. Bonnie Henry provides the latest update on the COVID-19 pandemic in the province during a press conference in the press theatre at Legislature in Victoria, B.C., on Thursday, October 22, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. shatters COVID-19 records with 817 weekend cases; masks now expected indoors

Three people have died over the past three reporting periods

Graphic on promo material for Best Buy Canada’s Tech Wonderland event.
Drive-through ‘Tech Wonderland’ coming to PNE site a few weeks before Christmas

Best Buy Canada-backed ‘holiday’ event to raise money for charity

Aaliyah Rosa. File photo
Crown says murder of seven-year-old in Langley was planned, deliberate

The trial of KerryAnn Lewis began Monday in New Westminster

B.C. Provincial Health Officer Dr. Bonnie Henry. (B.C. government photo)
Unnamed school in Fraser Health region closed due to COVID-19

Closure announced by Dr. Bonnie Henry during daily briefing

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

RCMP have released more details regarding what led up to an arrest caught on video in Williams Lake Sunday, Oct. 26. (Facebook video screenshot)
Review launched after ‘high-risk, multi-jurisdictional’ chase, arrest in Williams Lake

RCMP launching a full review and code of conduct investigation

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

(Pxfuel)
B.C. limits events in private homes to household, plus ‘safe six’ amid COVID-19 surge

Henry issued a public health order limiting private gatherings to one household, plus a group of ‘safe six’ only

Most Read