ClaimMechanism
Consultation gives First Nations no veto. Courts send approvals back for more consultation but rarely end projects: Trans Mountain's approval was quashed in 2018, granted again in 2019, and the pipeline was built. A nation that objects usually ends with an agreement or with an approval over its objection, so a nation that opposes and later signs reveals nothing about its motive. Provinces and towns holding the same lever end the same way.
Articles that cite this record
The evidence it rests on
Supports (6)
- Federal Court of Appeal quashes the Trans Mountain expansion approval over marine shipping and inadequate consultation
The Federal Court of Appeal quashed Trans Mountain's approval in 2018 for inadequate consultation and sent it back to cabinet: the court reopened the decision, it did not end the project.
Documented by: Federal Court of Appeal, “Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153” (external site), .
- Federal cabinet approves the Trans Mountain expansion a second time, after renewed consultation
Cabinet approved Trans Mountain again in 2019, after a renewed consultation: the quashed approval came back.
Documented by: Prime Minister's Office, “Trans Mountain Expansion will fund Canada's future clean economy” (external site), . and 1 more
- Federal Court of Appeal upholds the second Trans Mountain approval
The Federal Court of Appeal upheld the second approval in 2020, dismissing the nations' challenges; the pipeline was built.
Documented by: Federal Court of Appeal, “Coldwater First Nation v. Canada (Attorney General), 2020 FCA 34” (external site), .
- Federal Court of Appeal quashes the Northern Gateway approval for inadequate consultation with First Nations
The Federal Court of Appeal quashed Northern Gateway's approval in 2016 and sent it back to cabinet; the government, not the court, ended the project months later.
Documented by: Federal Court of Appeal, “Gitxaala Nation v. Canada, 2016 FCA 187” (external site), .
- Supreme Court of Canada dismisses BC's appeal on heavy-oil permit rules from the bench
British Columbia's attempt to regulate heavy-oil shipments failed in court: a province holding the same lever did not stop the pipeline either.
Documented by: CBC News, “Supreme Court dismisses B.C.'s bid to save bill blocking Trans Mountain project” (external site), . and 1 more
- Supreme Court of Canada refuses Burnaby leave to appeal on its bylaws and Trans Mountain
Burnaby, a city that asked for Trans Mountain to stop, lost its last appeal on its bylaws: a town with no veto got neither a stop nor an offer.
Documented by: CBC News, “Burnaby loses fight to block Trans Mountain pipeline expansion in Supreme Court” (external site), .
Complicates (1)
- Northern Affairs Minister rejects Baffinland's Mary River Phase 2 expansion
Ottawa rejected Mary River Phase 2 after the Inuit organizations' opposition and the review board's recommendation: one case where opposition and the review process ended an expansion.
Documented by: CBC News, “Northern Affairs minister says no to Baffinland mine expansion” (external site), . and 1 more
Context (2)
- BC and Trans Mountain sign a benefits agreement worth C$25-50 million a year for 20 years
British Columbia, which held real permitting power, got money and conditions in a benefits agreement with Trans Mountain rather than a stop.
Documented by: Government of British Columbia, “Agreement between Trans Mountain and the Province of British Columbia (effective April 6, 2017)” (external site), . and 1 more
- District of Squamish council turns down a C$142-million, 10-year payment and tax arrangement with Woodfibre LNG
The District of Squamish, with no veto over Woodfibre LNG, turned its payment deal down: refusing the money did not stop the project.
Documented by: District of Squamish, “WLNG 10-Year Agreement in Principle” (external site), . and 1 more
Claims are weighed by the evidence under them, actions first. Method.