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

Smithers only taxi company closing down

BV Taxi parking its cars at the end of January

Coastal GasLink repeats desire for meeting with hereditary chiefs

Coastal GasLink says they’re ready to meet with the hereditary chiefs at their convenience

B.C. Green Party interim leader to visit Wet’suwet’en camps

MLA Adam Olsen stands behind First Nations

Bulkley Valley biathletes add to World Masters medal count

Callie Lancaster and Lèa-Marie Bowes-Lyon combine with Squamish’s Yvette Jackson for Relay bronze

Complaints filed against RCMP following two Gidimt’en members being turned away at police checkpoint

The British Columbia Civil Liberties Association helped two individuals file the complaints

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

Closed mills, housing surge support a positive forecast for lumber industries

B.C. lumber producers have closed mills accounting for 18% of province’s capacity, RBC report says

Good Samaritan pays part of rent for B.C. woman facing eviction in can-collecting dispute

Zora Hlevnjak, 76, supplements her pension by collecting cans and receiving public donations

Terrace woman found not criminally responsible in mother’s murder

RCMP were called to a townhouse on Scott Ave. on Aug. 2, 2018, following two stabbings

Kelowna’s ‘Baby Mary’ finds biological parents after more than 30 years

Geneologist and DNA test helped her connect with her biological parents

Kelowna hotel to award couples for baby-making with Nooner deal

The deal includes a free stay every Valentine’s Day for the next 18 years

‘Scariest boat ride of my life’: Passengers trapped by ice on rocky B.C. ferry sailing

The Nimpkish docked in Bella Coola on Jan.12 coated in a thick layer of ice

B.C. pair ordered to pay $55,000 for oil tank discovered four years after selling home

Judge says defendants breached contract, despite being unaware of tank until basement flooded

Canada to give $25,000 to families of each Canadian who died in Iran plane crash

Prime Minister Justin Trudeau also made it clear that Canada still expects Iran to compensate victims

Most Read