The Federal Court of Appeal has overturned the federal government’s approval of the Northern Gateway Pipeline, citing a failure to properly consult with First Nations along its route.
The 2 – 1 judgement was delivered on June 23rd, but made public today.
“Phase IV consultations did not sufficiently allow for dialogue” the judgement wrote referring to the lack consultation with aboriginal groups
“We are satisfied that Canada failed in Phase IV to engage, dialogue and grapple with the concerns expressed to it in good faith by all of the applicant/appellant First Nations.”
“We conclude that in Phase IV of the consultation process—including the execution of the Governor in Council’s role at the end of Phase IV—Canada fell short of the mark.”
The legal challenge was launched by eight First Nations, four environmental groups and a labour union.
The Nak’azdli was one of those First Nations. Chief Fred Sam says he is looking forward to reengaging with government.
“Even though we won, we need to work together with Canada and make sure that they do things properly, and even BC… to make sure we are engaged from the beginning.”
Environmental groups in BC cheered the decision.
“Today is a good day for the B.C. coast, climate and salmon rivers. By overturning federal approval of Northern Gateway, the courts have put yet another nail in the coffin of this pipeline and tankers project.” Sierra Club BC’s Caitlyn Vernon said in a statement.
Enbridge issued the following statement
“Northern Gateway will consult with the Aboriginal Equity Partners and our commercial project proponents to determine our next steps.”
“The Aboriginal Equity Partners and our commercial project proponents are fully committed to building this critical Canadian infrastructure project while at the same time protecting the environment and the traditional way of life of First Nations and Métis peoples and communities along the project route.”
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