Canadian Press file photo

By Charles Lefebvre

Legal challenges

Federal Court of Appeal allows six legal challenges against Trans Mountain Pipeline to proceed

Sep 4, 2019 | 1:13 PM

OTTAWA, ON. — The Federal Court of Appeal has agreed to hear six of the 12 challenges to the second approval of Trans Mountain Pipeline project.

In a decision released Wednesday afternoon, the court granted the requests, which allows the parties to start legal challenges to the approval of the project.

According to a decision released by the Federal Court of Appeal, “their challenges are limited to the narrow issue of the adequacy of the Government of Canada’s further consultation with Indigenous peoples and First Nations” between August 30, 2018 and June 18, 2019.

The Court has ordered the challenges proceed on an expedited basis, and short and strict deadlines for the steps in the litigation will be set.

The Trans Mountain Pipeline was initially approved in November 2016 by the federal government. On August 30, 2018, the Federal Court of Appeal overturned the government’s approval, saying there was inadequate consultation with local first nations groups, and it lacked an environmental assessment of increased tanker traffic on the orca whale population in the Salish Sea.

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The government performed additional consultation and the project was approved again in June 2019.

Trans Mountain recently issued a “Notice to Proceed” to some of the construction contractors, which gives them 30 days to mobilize equipment, procure goods and services, begin hiring workers and develop detailed construction work plans.

The company says the recent announcement will not have an impact on construction plans.

“As these cases make their way through the courts, we will continue with all aspects of planning and construction,” says Ali Hounsell, Spokesperson, Trans Mountain, in a statement. “The applications are challenging the decisions made by the Canada Energy Regulator and the Federal Government, but do not in and of themselves negate the pre-existing approvals provided by those governmental authorities until and unless the court rules otherwise.”

The full summary of the decision can be read here.

The full legal decision can be found here.