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

Bob Rypma, left, and Jim Tiviotdale, former and current Kitimat Flying Club presidents, respectively, standing on the moss-covered runway at the Kitimat Air Park, which will be redone in the coming year thanks to a grant approved by the BC Airports Access Program. (Clare Rayment photo)
Kitimat Air Park to get major refurbishment, helipad

The club has been in the process of applying for the grant for two years, including two applications

WorkSafeBC is investigating after a death at a Kitimat concrete plant last Friday (Oct. 23) (Black Press file photo)
BC Coroners Service, WorkSafeBC investigating after death at Kitimat worksite

The fatality occurred last Friday (Oct. 23) and investigations into the incident are underway

Louise Avery is the longest serving Curator and Director at the Kitimat Museum. Here, she’s standing in front of the new Haisla Heritage Section, which they worked hard on with Haisla members and organizations to ensure it was an accurate and respectful display of artifacts.
In Our Valley: Louise Avery

Louise Avery has been the Director and Curator at the Kitimat Museum for over 24 years

Nechako Toastmasters member Eleanor Kendall performing a speech as Mrs. Claus at a meeting when they were still meeting in person, prior to the COVID-19 pandemic. (Wanda Shaw photo)
Turning fears into confidence: Kitimat Toastmasters go online amidst COVID-19

Nechako Toastmasters have moved virtual amidst COVID-19 restrictions

<em>Black Press file photo </em>
Clare’s Corner: Yes, love is strange — and an addiction

A little bit of love to help get you through those Monday blues

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. records 217 more COVID-19 cases, mask use urged

Infection spike continues, 21 senior facilities affected

Los Angeles Dodgers celebrate after defeating the Tampa Bay Rays 3-1 to win the baseball World Series in Game 6 Tuesday, Oct. 27, 2020, in Arlington, Texas. (AP Photo/David J. Phillip)
L.A. Dodgers beat Rays 3-1 to win 1st World Series title since 1988

National League champs claim crown in six games

Seven-year-old Aaliyah Rosa was found dead in an apartment in Langley in July. (Langley Advance Times files)
Child’s body cold, no pulse: Off-duty cop testifies in Langley mother’s murder trial

The seven-year-old girl’s mother faces a first-degree murder charge

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Tyrell Giroux was arrested by Williams Lake RCMP on Sunday, Oct. 25. (Facebook video screenshot)
Tsilhqot’in leaders call for suspension of officers seen in controversial Williams Lake arrest

Disturbing video demands an immediate, independent investigation, says TNG

People march during a climate strike in Montreal, Friday, Sept. 27, 2019. THE CANADIAN PRESS/Graham Hughes
Judge rejects 15 youths’ climate change lawsuit against Canadian government

Justice Michael Manson has granted the government’s motion to strike the plaintiffs’ claim

A woman walks through check in at WestJet at Pearson International airport during the COVID-19 pandemic in Toronto on Wednesday, Oct. 14, 2020. THE CANADIAN PRESS/Nathan Denette
Strong support for pre-flight COVID testing ahead of upcoming WestJet trial: YVR

Airport is partnering with UBC, which is helping choose the method of pre-flight testing

Prime Minister Justin Trudeau provides an update on the COVID pandemic during a press conference in Ottawa on Tuesday, Oct. 27, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Trudeau says pandemic ‘really sucks,’ and that Christmas gatherings are up in the air

The prime minister encouraged residents to continue to follow the advice of local health authorities

The Williams Lake Indian Band is stipulating no-go zones for mushroom picking in areas burned by last summer’s wildfires. 100 Mile Free Press photo
Who controls mushroom harvesting on Indigenous lands?

‘We don’t necessarily know where the mushrooms grow, how old the stands need to be, those types of things.’

Most Read