Squamish Nation 'celebrates' ruling overturning Trans Mountain expansion approval
Canada

Squamish Nation 'celebrates' ruling overturning Trans Mountain expansion approval

Some B.C. First Nations are welcoming the Federal Appeal Court's ruling to quash the approval of the Trans Mountain pipeline expansion project Thursday morning. 

"The Squamish Nation celebrates the court's ruling in favour of our Indigenous rights," the nation said in a statement shortly after the decision came down. 

Some B.C. First Nations are welcoming the Federal Appeal Court's ruling to quash the approval of the Trans Mountain pipeline expansion project Thursday morning. 

"The Squamish Nation celebrates the court's ruling in favour of our Indigenous rights," the nation said in a statement shortly after the decision came down. 

"We tell the Prime Minister to start listening and put an end to this type of relationship. It is time for Prime Minister Trudeau to do the right thing," said Khelsilem, a councillor and spokesperson for the Squamish Nation, in a statement issued Thursday morning. 

Leaders from both the Squamish and Tsleil-Waututh nations, along with others opposed to the project, are expected to speak publicly about the decision at 9:30 a.m. PT.

The Federal Court of Appeal ruling overturned the federal government's approval of the project on two grounds.

One factor was the National Energy Board's failure to consider the project's impact on the marine environment, including the impact of increased tanker traffic on the endangered population of southern resident killer whales. 

'Canada fell well short' 
The second factor, the court said, was a failure in the last stage of the consultation process with First Nations — referred to as "Phase III" — to "engage in a considered, meaningful two-way dialogue."

"Canada fell well short of the minimum requirements imposed by the case law of the Supreme Court of Canada," ruled the court. 

"For the most part, Canada's representatives limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers. The law requires Canada to do more than receive and record concerns and complaints."

"As a result, Canada must re-do its Phase III consultation. Only after that consultation is completed and any accommodation made can the project again be put before the Governor in Council for approval."

"The end result may be a short delay in the project, but, if the flawed consultation process is remedied, the objective of reconciliation with Indigenous peoples may be furthered."