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

Summerland approves solar project

Despite community opposition, council voted 4-3 for Cartwright Mountain location

Two positive COVID-19 cases at Oliver farm

The risk of exposure to the general public related to this farm is considered to be low

Oliver Town Hall closed to public as staffer shows COVID-19 symptoms

One staff member at Oliver Town Hall is being tested for coronavirus

Penticton woman struck by mystery bullet

Woman suffers no major injuries; RCMP without any leads, investigation continues

Village of Keremeos looks to dismantle systemic racism

Mayor says the time is right to deconstruct racist institutions

B.C. records 62 new COVID-19 cases, two deaths since Friday

Province has just over 200 active cases

Police search for suspect in assault on woman in downtown Kelowna

Kelowna police received a report a woman had been assaulted by an unknown man on July 12

‘Trauma equals addiction’ – why some seek solace in illicit substances

Part 2: Many pushed into addiction by ‘toxic stress,’ says White Rock psychologist

Hotel rooms for B.C. homeless too hasty, NDP government told

Businesses forced out, but crime goes down, minister says

Wage subsidy will be extended until December amid post-COVID reopening: Trudeau

Trudeau said the extension will ‘give greater certainty and support to businesses’

B.C. government prepares for COVID-19 economic recovery efforts

New measures after July consultation, Carole James says

Horoscopes for the week of July 13

Weekly horoscopes by Morgan Fava

Police keep eye on motorbike gang in Kelowna for poker run

The Throttle Lockers Motorcycle Club Poker Run was to have taken place on July 11

Prohibited driver ticketed after rollover on Highway 1 near Salmon Arm

Jeep Cherokee hit rock face before rolling multiple times

Most Read