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ARTICLE · 12 FEBRUARY 2020

Second Round Of Consultation Sufficient For Trans Mountain Pipeline To Proceed

Fasken
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The FCA's decision focuses on whether the GIC's approval of the Project for a second time was reasonable.

CanadaGovernment, Public Sector
Bridget Gilbride
Bridget Gilbride
Emilie Bundock
Emilie Bundock
Niall Rand
Niall Rand
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On February 4, 2020, the Federal Court of Appeal ("FCA") issued its reasons in Coldwater Indian Band v. Canada (Attorney General) upholding the federal government's approval of the proposed Trans Mountain Expansion Project (the "Project"). In a unanimous decision, the Court concluded that the federal government's consultation with Indigenous groups affected by the Project was meaningful, reasonable and in accordance with the duty to consult. The Court noted that the second round of consultation undertaken by the federal government was "anything but a rubber-stamping exercise" (para. 77).

History of the Trans Mountain Pipeline Expansion Project

The history of the Project in advance of this decision can be summarized as follows:

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