Several B.C. First Nations have been denied leave by the Supreme Court of Canada to appeal the Trans Mountain pipeline expansion. (Emelie Peacock/Hope Standard)

Several B.C. First Nations have been denied leave by the Supreme Court of Canada to appeal the Trans Mountain pipeline expansion. (Emelie Peacock/Hope Standard)

B.C. First Nations vow to keep fighting after Trans Mountain pipeline appeal denied

Squamish Nation, Tsleil-Waututh Nation and Coldwater Indian Band made the application

A decision by Canada’s top court rejecting an appeal by three B.C First Nations challenging the second approval of the Trans Mountain pipeline expansion is a failure to uphold Indigenous title and rights, according to the Union of BC Indian Chiefs (UBCIC).

In a statement, UBCIC said it shares its ‘deep’ disappointment with the Squamish Nation, Tsleil-Waututh Nation and Coldwater Indian Band on the Supreme Court decision issued Thursday, July 2, 2020.

“The court’s decision to dismiss this application for appeal is a continuation of Canada’s adversarial approach to Indigenous peoples and our rights. It is disheartening that the federal government has fought Indigenous nations in court at every turn in order to build an oil pipeline during a global climate emergency,” said UBCIC vice-president Chief Don Thomas.

“Cabinet’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples rings hollow when they force Indigenous Nations to defend their lands and their rights in a courtroom year after year.”

The three First Nations were seeking for leave to appeal a February 4, 2020 decision by the Federal Court of Appeal upholding the second approval of the $12.6-billion project.

Read More: Supreme Court will not hear B.C. groups’ Trans Mountain pipeline expansion appeal cases

Subject to 156 conditions, the twinning of the pipeline will result in nearly a billion barrels of heavy oils such as diluted bitumen being transported daily from Alberta to B.C’s coast where it will be shipped via tankers to markets around the world. It is a project the federal government maintains that Canada needs.

Federal Minister of Natural Resources, Seamus O’Regan, said construction of Trans Mountain Expansion (TMX) is underway and has already created more than 4,900 well-paying jobs. He noted the pipeline will help Canada gain access to new markets for its resources and generate revenue to help fund clean energy and climate change solutions.

Also hailing the decision from the Supreme Court of Canada as welcome news was the Trans Mountain Corporation and Canadian Energy Pipeline Association.

Tsleil-Waututh First Nation Chief Leah George-Wilson said the decision is a major setback for reconciliation.

Squamish Nation spokesperson and Councillor Syeta’ xtn (Chris Lewis) said as Indigenous people they have the constitutional right for meaningful consultation and accommodation.

“The Federal Court of Appeal’s decision to let federal government basically be the judge and jury of its own consultation efforts was in our view was very flawed in many ways…”

Read More: Trans Mountain pipeline restarts after light crude spills in Abbotsford, B.C.

Syeta’ xtn maintains Canada isn’t prepared to mitigate potential environmental impacts from the project.

Read More: Western Canada Indigenous leaders choose pipelines over poverty

“We continue to hear we’ll study this into the future, we’ll have a study on the cumulative impacts or any of the impacts the Squamish Nation has stated but yet again they just went ahead after a very abbreviated short consultation period with the Squamish and Tsleil-Waututh Nation in round two and approved it without having those studies done prior to that.”

Syeta’ xtn said the Squamish and Tsleil-Waututh Nations are participating in a joint study with Canada on modelling and studying the behavior of diluted bitumen in their waters if such a spill would occur.

The Nations have vowed to explore all legal options moving forward.

“The government still has a constitutional duty to consult us on the regulatory and permitting process so we’ll continue to voice our concerns throughout those aspects.”


Do you have a comment about this story? email:
rebecca.dyok@wltribune.com

Like us on Facebook and follow us on Twitter.

First NationsSupreme CourtTrans Mountain pipeline

Just Posted

The new building will house the Chmaber of Commerce and the Visitor Centre. Image: Cover Architectural Collaborative Inc.
Kootenay Rockies tourism grant to help build Castlegar visitor centre

The Castlegar Chamber of Commerce received a $200,000 grant towards the new building

X
Trail RCMP issue BOLO for Solo

Solo was last spotted in Warfield, but has also been seen around the Tadanac area.

Claire Cartwright. Photo: Jennifer Small
Castlegar Aquanauts splash back into the pool

Castlegar’s swim team is going strong

Map: BCWildfire Service
UPDATE: Human-caused wildfire burning near Castlegar

The McCormick Creek fire started Sunday

Castlegar's Emergency Operation Centre is located in the Fire Hall.
Castlegar fire chief praises Boston Pizza staff after responding to fire call at the restaurant

The fire department was called to Boston Pizza on Saturday night

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10-million grant from B.C. government

Long sought-after funds to bolster organization’s important work

Sicamous RCMP Sgt. Murray McNeil and Cpl. Wade Fisher present seven-year-old Cody Krabbendam of Ranchero with an award for bravery on July 22, 2020. (Contributed)
7-year old Shuswap boy receives medal of bravery for rescuing child at beach

Last summer Cody Krabbendam jumped into the lake to save another boy from drowning

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the province’s COVID-19 vaccine program, May 10, 2021. (B.C. government)
B.C.’s COVID-19 infection rate stays below 500 a day over weekend

14 more deaths, down to 350 in hospital as of Monday

Royal Bay Secondary School’s rainbow crosswalk was vandalized shortly after being painted but by Monday, coincidentally the International Day Against Homophobia, Transphobia and Biphobia, the crosswalk had been cleaned up and students had surrounded it with chalk messages of support and celebration. (Zoe Ducklow/News Staff)
B.C. high’s school’s pride crosswalk restored following ‘hateful’ graffiti attack

Hate terms, racial slur, phallic images spray-painted at Greater Victoria high school

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Terrance Mack would have celebrated his 34th birthday on May 13, 2021. Mack’s family has identified him as the victim of a homicide in an apartment on Third Avenue in Port Alberni sometime in April. (SUBMITTED PHOTO)
Family identifies Ucluelet man as victim of Vancouver Island homicide

Terrance Mack being remembered as ‘kind, gentle’ man

Vancouver Canucks’ Jake Virtanen (18) and Calgary Flames’ Josh Leivo, front right, vie for the puck as goalie Jacob Markstrom, back left, watches during the first period of an NHL hockey game in Vancouver, on Saturday, February 13, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver Canucks forward Jake Virtanen sued over alleged sexual assault

Statement of claim says the woman, identified only by her initials, suffered physical and emotional damages

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10-million grant from B.C. government

Long sought-after funds to bolster organization’s important work

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

Most Read