The B.C. Supreme Court has ruled the B.C. government breached its duty to consult the Gitga'at and neighbouring First Nations on the Enbridge Northern Gateway pipeline. The decision, announced Wednesday, is seen as a major victory for First Nations that could have an impact on future oil pipeline projects.
Coastal First Nations took the B.C. government to court in January 2015 in a bid to strike down an agreement that gave Ottawa decision-making authority over the Enbridge Northern Gateway pipeline project. In June 2010, the B.C. Liberals signed an "equivalency agreement" (link is external)with Ottawa, which effectively gave the federal National Energy Board final say over the environmental assessment process for five projects (link is external) including the Enbridge Northern Gateway and Kinder Morgan Trans Mountain pipeline expansion.
"Coastal First Nations brought this to the attention of the province before Northern Gateway was approved by the National Energy Board. We said, 'hold on here, you can't make a decision that affects our lives without talking to us first.'... So basically Northern Gateway is back where they started 10 years ago."
Coastal First Nations lawyer Joseph Arvay said the ruling effectively nullified the federal government's initial approval of the Enbridge Northern Gateway pipeline.
"What it means is, Enbridge now has to come back and get the (environmental) certificate from British Columbia," he said. "The ruling said the B.C. government abdicated its duty to conduct an environmental assessment, and its duty to consult with and accommodate First Nations."
The decision clears the way for similar First Nations' challenges to Kinder Morgan's pipeline expansion through southern B.C.
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BREAKING: B.C. First Nations win court challenge against B.C. over Enbridge pipeline | National Observer
Coastal First Nations took the B.C. government to court in January 2015 in a bid to strike down an agreement that gave Ottawa decision-making authority over the Enbridge Northern Gateway pipeline project. In June 2010, the B.C. Liberals signed an "equivalency agreement" (link is external)with Ottawa, which effectively gave the federal National Energy Board final say over the environmental assessment process for five projects (link is external) including the Enbridge Northern Gateway and Kinder Morgan Trans Mountain pipeline expansion.
"Coastal First Nations brought this to the attention of the province before Northern Gateway was approved by the National Energy Board. We said, 'hold on here, you can't make a decision that affects our lives without talking to us first.'... So basically Northern Gateway is back where they started 10 years ago."
Coastal First Nations lawyer Joseph Arvay said the ruling effectively nullified the federal government's initial approval of the Enbridge Northern Gateway pipeline.
"What it means is, Enbridge now has to come back and get the (environmental) certificate from British Columbia," he said. "The ruling said the B.C. government abdicated its duty to conduct an environmental assessment, and its duty to consult with and accommodate First Nations."
The decision clears the way for similar First Nations' challenges to Kinder Morgan's pipeline expansion through southern B.C.
more
BREAKING: B.C. First Nations win court challenge against B.C. over Enbridge pipeline | National Observer