Canada’s Federal Court of Appeal on Thursday overturned [decision, PDF] the government’s approval of the Trans Mountain pipeline expansion.
A number of groups challenged the approval, including several First Nations and two cities, saying that the First Nations were not adequately consulted and that there was no meaningful dialogue about the project.
The Federal Court of Appeal found that Canada failed “to engage, dialogue meaningfully and grapple with the concerns expressed to it in good faith by the Indigenous applicants so as to explore possible accommodation of those concerns.” The court also pointed out one critical flaw with the plan, saying that the National Energy Board’s “unjustified exclusion of marine shipping from the scope of the Project led to successive, unacceptable deficiencies in the Board’s report and recommendations.”
As a result, the government’s approval of the pipeline expansion was quashed and nullified, halting construction of the pipeline expansion.