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

LETTER TO THE EDITOR: Blockades violating people’s rights to move freely

Too many protesters clearly believe their rights supersede other citizens’ rights, says letter writer

Students projected to be in new wing of École Hammond Bay in two years

Project to expand north-end French immersion school to add 13 classrooms

Crimson Coast Dance Society salutes African dance during Black History Month

Dancers from Mozambique, Rwanda and Cameroon to give demonstrations and lessons

Nanaimo Clippers, clad in Snuneymuxw jerseys, win in OT

BCHL team wins both its weekend games to stay in contention for first place on the Island

Nanaimo-bound ferry breaks down, but another available for service

Two sailings cancelled Sunday on Tsawwassen-Duke Point route

VIDEO: Ottawa wants quick, peaceful resolution to pipeline protests, Trudeau says

The protests have manifested themselves as blockades on different rail lines across the country

B.C. budget expected to stay the course as economic growth moderates

Finance minister said ICBC costs have affected budget

Captain says nothing beats VIU volleyball program

Graduating player Andrea Cankovic has three national titles and isn’t quite done yet

Quilting a labour of love for Nanaimo women’s church group

Hope Lutheran women craft 1,000 quilts for humanitarian cause

Canadian standards for coronavirus protection to be reviewed, health agency says

The protocols set out how health workers should protect themselves and their patients

BC Ferries sailings filling up Family Day Monday

More than 20 sailings added between Swartz Bay and Tsawwassen for long weekend

Amtrak warns of delays as railways from Seattle to B.C. blocked by Wet’suwet’en supporters

Coastal GasLink said it’s signed benefits agreements with all 20 elected band councils along pipeline route

Federal emergency group meets on pipeline protests as rail blockades continue

There’s mounting political pressure for Trudeau to put an end to the blockades

Most Read