Photo: The Canadian Press
OTTAWA — The Supreme Court of Canada will not hear a new appeal from British Columbia First Nations over the Trans Mountain pipeline expansion.
The court on Thursday dismissed the appeal from the Squamish Nation, Tsleil-Waututh Nation, the Ts’elxwéyeqw Tribes and Coldwater Indian Band, effectively ending the years-long legal battle over the project.
As is customary, the court did not give reasons for its decision.
First Nations leaders planned a news conference later in the day to respond to the court’s decision.
Natural Resources Minister Seamus O’Regan said the government had worked hard to hear and accommodate concerns the communities have with the project and welcomed the court’s decision.
“The government approved TMX because it is an important project for Canada,” he said in a statement.
“Construction of TMX is underway and has already created more than 4,900 good, well-paying jobs, will help us gain access to new markets for our resources and generate revenue to help fund clean energy and climate change solutions.”
He acknowledged there are people who will be disappointed with dismissal and said the government will continue to engage with them about the project “in the spirit of partnership, to make sure we get this right.”
The Trans Mountain project was first approved in 2016, but stopped by the Federal Court of Appeal two years later after First Nations and environmental groups successfully argued the approval process was flawed.
Ottawa approved the project a second time in June 2019 after additional consultation with the affected communities. The bands still felt the government did not fulfil its duty to consult and again appealed the decision.
The Federal Court of Appeal ruled in February the approval would stand, saying the government made a genuine effort to hear and accommodate concerns raised. The First Nations disagreed and asked the Supreme Court to hear the case.
The bands still have outstanding concerns about the impact the pipeline could have on drinking water and marine life—particularly the highly endangered Southern Resident killer whales—off the B.C. coast.
Thursday’s decision would appear to be the end of the road for legal arguments aimed at stopping construction on the pipeline.
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