Canada's federal court of appeal has given the Tsleil-Waututh Nation the go-ahead for a legal challenge against the Kinder Morgan pipeline expansion that could derail the National Energy Board's hearing for the project.
Kinder Morgan wants to twin the Trans Mountain pipeline and expand the tank farm and marine terminal, all partly within the nation's traditional territory in Burnaby and around the Burrard Inlet.
"The Crown and the National Energy Board have entered into an unlawful process, one that does not respect aboriginal rights and title," said Chief Maureen Thomas in a media release. "We are still at the beginning of a long fight, but we are deeply committed to protecting our territory. We will use all the legal means necessary to defend it against (the) NEB's unilateral and one-sided review process and Kinder Morgan's project."
The nation launched the challenge in early May, claiming the NEB did not have the legal authority to move forward with the hearing because the federal government and the board had not consulted with the nation about the hearing and the environmental assessment for the proposed pipeline expansion. The appeal is the first legal challenge from a First Nation against the Kinder Morgan pipeline.
The National Energy Board can't comment much at this point because it's a legal issue, and, as board spokesperson Sarah Kiley pointed out, the NEB hasn't seen the nation's appeal yet. The nation has 60 days to file the appeal, and the board's legal team will take a look and decide whether to participate in the hearing, Kiley said.
"When I say 'participate,' we may not file a response or an argument, but we will of course comply with any request for documents," she said. "We haven't seen that appeal yet. Once that comes in, we'll take a look."
