First Nation, environmental groups seek leave to appeal Trans Mountain ruling

Tsleil-Waututh Nation, Ecojustice, Raincoast Conservation Foundation, Living Oceans Society seeking leave to appeal

A British Columbia First Nation and three environmental groups hope to appeal a Federal Court of Appeal decision that limited their ability to challenge the Trans Mountain pipeline expansion in court.

The Tsleil-Waututh Nation, Ecojustice, Raincoast Conservation Foundation and Living Oceans Society announced Tuesday they are seeking leave to appeal to the Supreme Court of Canada.

The Federal Court of Appeal decided in September that it would allow six First Nations, including the Tsleil-Waututh, to challenge the pipeline project but ruled arguments could only focus on the latest round of Indigenous consultation.

The Tsleil-Waututh says the court is wrong not to consider its arguments that Canada failed to justify infringement of its Aboriginal rights and title or obtain its consent for the B.C.-to-Alberta pipeline expansion.

WATCH: Protesters lock themselves to Washington port to block Trans Mountain pipeline shipment

The Federal Court refused to hear any of the environmental groups’ arguments, which urged the court to consider the project’s risk of a “catastrophic” oil spill and threats to endangered southern resident killer whales.

The Supreme Court does not automatically hear appeals and instead issues a written decision, usually within one to three months, on whether it will consider a case.

Chief Leah Sisi-ya-ama George-Wilson says in a news release the Tsleil-Waututh are confident in their case.

“This appeal is about making sure that the government follows (its) own constitution and statutes when making decisions that impact us all,” she says.

The Canadian government purchased the existing pipeline and infrastructure for $4.5 billion and construction on the expansion project resumed this summer.

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

Pacific Coastal won’t open until community is ready

The company has suspended operations until further notice

A second wave of COVID-19 is probable, if history tells us anything

B.C.’s top doctor says that what health officials have learned this round will guide response in future

Celebrations continue for Tsilhqot’in Nation after court victory against Taskeo Mines Ltd.

Supreme Court of Canada upholds 2014 decision rejecting New Prosperity mine on May 14, 2020

UPDATE: body of missing man located

Jerret Snow was last seen May 19

Dr. Bonnie Henry given new name in B.C. First Nation ceremony: ‘one who is calm among us’

The provincial health officer was honoured in a May 22 ceremony at elementary school in Hazelton

B.C. man with Alberta plates gets car keyed and aggressive note

Some out-of-province people are finding hostile reception due to COVID-19 worries

B.C. drive-in theatre appeals COVID-19 concession rules, 50-car limit

With 50 cars and the removal of concession sales, drive-in owner says theatre might have to close

COVID-19: B.C. grants aim to stabilize sexual assault recovery programs

$10 million fund not yet ready to take applications

B.C. mom’s drug-pricing petition on behalf of son garners thousands of signatures

Petition geared to gaining access to new medicines drew support of Chilliwack-Hope MP Mark Strahl

‘Paralyzed by fear’: B.C. woman details anxiety, grief at Italian relief hospital

Sheila Vicic spent two months in Italy as the country grappled with COVID-19

CAMH survey looks at binge-drinking, financial anxiety during COVID

Alcohol may be used as a coping mechanism for those whose careers may have been sidelined due to the pandemic

Half of Canadians say governments are hiding something about COVID-19: poll

More than a third of people believe the virus was created in a lab

Kelowna man charged with harming a hamster

The 20-year-old Kelowna man faces several animal cruelty charges

Most Read