Because navigating Indigenous rights and the federal
Duty to Consult is highly complex, projects that lack local consent often face years of
Federal Court challenges and blockades. In recent proposals—such as the federal-Alberta West Coast Oil Pipeline project—governments are increasingly attempting to navigate opposition by offering substantial equity ownership and financial partnerships directly to Indigenous communities.
Supreme Court of Canada rulings have repeatedly affirmed that while the Crown must consult with Indigenous groups regarding potential impacts to their rights and title, this legal duty does not (in theory) grant First Nations an outright veto over resource development.
Designating a pipeline as being in the "national interest" is determined by the federal Cabinet, often following extensive reviews by regulatory bodies like the
Canada Energy Regulator (CER) and the
Impact Assessment Agency. Cabinet will weigh economic benefits, environmental assessments, and the adequacy of Indigenous consultation before making a final determination.
Alberta formally submitted its proposed West Coast Oil Pipeline Project to the federal Major Projects Office as a “proposed

” Project of National Interest under the
Building Canada Act. The proposal contemplates a new pipeline running from Bruderheim, Alberta to Roberts Bank in Delta, British Columbia, generally following the existing Trans Mountain corridor.
Canada and British Columbia entered into the Canada-British Columbia Prosperity Agreement hours before Alberta’s pipeline proposal, under which British Columbia agreed to participate in the routing and permitting of a new interprovincial pipeline, while Canada committed to maintaining the North Coast tanker ban, supporting Indigenous equity participation, establishing an environmental liability framework and undertaking consultation with First Nations.
The next punchline is October 1 I believe.