First Nation, environmental groups seek leave to appeal Trans Mountain ruling

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

Amanda Parsons, a registered nurse on staff at the Northwood Care facility, prepares a dose of the Moderna vaccine in Halifax on Monday, Jan. 11, 2021. Almost two in three Canadians surveyed recently said they trust COVID-19 vaccines to be both safe and effective. THE CANADIAN PRESS/Andrew Vaughan
Northern Health to open 30 COVID vaccine clinics for oldest residents, Indigenous seniors

Health authority says it plans to vaccinate nearly 15,000 people in Phase Two

Ed Harrison tops school district by-election poll. (file photo)
Ed Harrison tops Terrace school district by-election poll

One of seven people vying to fill vacant seat

Paramedics Andrew Mills, left, and Rick Harwood are up from Victoria to help out local ambulance crews. (Photo courtesy BC Emergency Health Services)
Extra paramedics sent to Terrace

Area is experiencing high number of COVID cases

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Security has been stepped up at both Mills Memorial Hospital in Terrace, pictured here, and at Kitimat General Hospital in Kitimat. (File photo)
Stillbirth reaction leads to more hospital security

Staff, physicians facing threats and harassment

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Vaccine hesitancy decreases in B.C. as mass immunizations set to begin: poll

Two-thirds of British Columbians, and Canadians, would get the vaccine as soon as possible

Software engineer Shaimma Yehia, 40, has been forced to re-skill during the COVID-19 pandemic after more than six years of unsuccessfully applying for jobs in B.C.’s tech industry. (Submitted photo/Shaimma Yehia)
Why skilled immigrant women continue to be shut out of B.C.’s booming tech sector

Experienced software engineer Shaimma Yehia, 40, hasn’t found a job since she migrated to Canada 6 years ago

Ron Sivorot, business director at Kennametal’s Langford site, the Greater Victoria facility that made a component being used on NASA’s Perseverance rover on Mars. (Jake Romphf, Black Press Media)
NASA’s Perseverance Mars rover digging in with B.C.-made part

Kennametal’s Langford plant’s tooth blank is helping the rover’s drill collect rock cores

A woman walks through Toronto’s financial district on Monday, July 30, 2018. A new poll suggests most Canadians believe there’s still a long way to go to achieve gender equality in this country. THE CANADIAN PRESS/Graeme Roy
Canadians, especially women, say gender equality not achieved in Canada: Poll

Poll results themselves underscore the challenge, with more men believing equality had been achieved

This image provided by Harpo Productions shows Meghan, The Duchess of Sussex, left, in conversation with Oprah Winfrey. (Joe Pugliese/Harpo Productions via AP)
Race, title and anguish: Meghan and Harry explain royal rift

Meghan said she struggled with concerns within the royal family about her son’s skin colour

Const. Allan Young. Photo: Abbotsford Police Department
Manslaughter charge laid in Nelson death of Abbotsford police officer

Allan Young died after an incident in downtown Nelson last summer

Pictures and notes in from friends and classmates make up a memorial in support and memory of Aubrey Berry, 4, and her sister Chloe, 6, during a vigil held at Willows Beach in Oak Bay, B.C., on December 30, 2017. THE CANADIAN PRESS/Chad Hipolito
Mother of slain daughters supports recent changes to Canada’s Divorce Act

Sarah Cotton-Elliott said she believed her children took a back seat to arranging equal parenting

Most Read