BIV – Business in Vancouver – The Supreme Court of Canada has refused to hear an appeal of the federal government’s approval of the $12.6 billion Trans Mountain pipeline expansion, which is already under construction. The Tsleil-Waututh and Squamish First Nations and Coldwater Indian Band had appealed to the Supreme Court of Canada to hear an appeal of an earlier Federal Court of Appeal ruling, which had dismissed an appeal of the project’s approval. First Nations argued that proper consultations had not occurred.

Today’s ruling means First Nations have exhausted all legal avenues to halt the project on the basis of inadequate consultation, although that doesn’t mean the First Nations involved have abandoned all hope of some other legal challenge. “We’re not deterred and are exploring all legal options,” said Tsleil-Waututh Chief Leah George-Wilson. “What I can tell you today is that this not the end of the story.”

Over a period of months, the federal government held additional consultations with First Nations and again approved the expansion. First Nations appealed the decision and lost when the Federal Court of Appeal dismissed their appeal in February 2020. That decision underscored the point that senior governments have a duty to properly consult First Nations, but that that duty has its limits and does not confer upon First Nations veto powers over projects in their traditional claimed territories to which they object. “While the parties challenging cabinet’s decision are fully entitled to oppose the Project, reconciliation and the duty to consult do not provide them with a veto over projects such as this one,” the Federal Court of Appeal wrote in its February decision.

https://biv.com/article/2020/07/supreme-court-wont-hear-appeal-tmx-decision