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

Just Posted

The Government of Alberta identified 115 new COVID-19 cases Sunday, bringing the provincial total to 3,089.
(Black Press file photo)
Red Deer COVID cases continue to fall

114 cases in Red Deer, down one from Saturday

Maskwacis Pride crosswalk (Left to right): Montana First Nation Councillor Reggie Rabbit, Samson Cree Nation Councillor Louise Omeasoo, Samson Cree Nation Councillor Katherine Swampy, Samson Cree Nation Councillor Shannon Buffalo, Samson Cree Nation Chief Vern Saddleback.
Pride in Maskwacis

The 4th inaugural Maskwacis Pride crosswalk painting took place on Saturday 12, 2020.

Alberta Premier Jason Kenney arrives at the 2021 budget in Edmonton on Thursday, Feb. 25, 2021.THE CANADIAN PRESS/Jason Franson
Alberta launches COVID vaccine lottery with million-dollar prizes to encourage uptake

The premier says the lottery will offer three prizes worth $1 million a piece, as well as other prizes

Some examples of ‘kindness’ rocks that were painted by members of the Boys and Girls Club in Rimbey. photo submitted
The ‘kindness rock snake’ continues to take shape in Rimbey

Residents are asked to contribute a ‘kindness rock’ to a project near the Blindman Youth Action Building

The City of Red Deer sits at 249 active cases of the virus, after hitting a peak of 565 active cases on Feb. 22. (Black Press file image)
Red Deer down to 119 active COVID-19 cases

Province identifies 179 new cases Saturday

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Montreal Canadiens goaltender Carey Price (31) is scored on by Vegas Golden Knights defenseman Alec Martinez, not pictured, during the second period in Game 1 of an NHL hockey Stanley Cup semifinal playoff series Monday, June 14, 2021, in Las Vegas. (AP Photo/John Locher)
Habs fall 4-1 to Vegas Golden Knights in Game 1 of NHL semifinal series

Match was Montreal’s first game outside of Canada in 2021

The Kamloops Indian Residential School is photographed using a drone in Kamloops, B.C., Monday, June, 14, 2021. The remains of 215 children were discovered buried near the former school earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Communities grapple with what to do with former residential and day schools

Some tear them down as a tool to help healing, others repurpose them as tools for moving forward

RCMP Const. Shelby Patton is shown in this undated handout photo. RCMP say that Patton was hit by an allegedly stolen truck that he had pulled over on Saturday morning in Wolseley, east of Regina. THE CANADIAN PRESS/HO, RCMP
Pair charged in Saskatchewan Mountie’s death make first court appearance

Const. Shelby Patton was hit by an allegedly stolen truck that he had pulled over Saturday morning

David and Collet Stephan leave for a break during an appeal hearing in Calgary on Thursday, March 9, 2017. THE CANADIAN PRESS/Todd Korol
Appeal Court rejects stay for Alberta couple facing third trial in son’s death

Pair accused in their earlier trials of not seeking medical attention for their son sooner

Calgary Stampeders’ Jerome Messam leaps over a tackle during second half CFL western semifinal football action in Calgary, Sunday, Nov. 15, 2015.THE CANADIAN PRESS/Jeff McIntosh
CFL football will be played this summer in Canada

Governors vote unanimously in favour to start the ‘21 campaign on Aug. 5

Citizenship Minister Marco Mendicino holds a press conference in Ottawa on Thursday, Nov. 12, 2020. The federal government is announcing that Indigenous people can now apply to reclaim their names on passports and other government documents. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous people can now reclaim traditional names on their passports and other ID

Announcement applies to all individuals of First Nations, Inuit and Métis background

This undated photo provided by Girl Scouts of New Mexico Trails shows a scout donating cookies to firefighters in Rio Rancho, New Mexico, as part of the Hometown Heroes program. As the coronavirus pandemic wore into the spring selling season, many Girl Scout troops nixed their traditional cookie booths for safety reasons. That resulted in millions of boxes of unsold cookies. (Girl Scouts of New Mexico Trails via AP)
Thinner Mints: Girl Scouts have millions of unsold cookies

Since majority of cookies are sold in-person, pandemic made the shortfall expected

In this artist’s sketch, Nathaniel Veltman makes a video court appearance in London, Ont., on June 10, 2021 as Justice of the Peace Robert Seneshen (top left) and lawyer Alayna Jay look on. THE CANADIAN PRESS/Alexandra Newbould
Terror charges laid against London attack suspect

Crown says Nathaniel Veltman’s four counts of first-degree murder constitute an act of terrorism

Most Read