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ARTICLE · 13 SEPTEMBER 2019

Six Challenges To Trans Mountain From Indigenous Groups Allowed To Proceed, While Six Others Dismissed

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On September 4, 2019 the Federal Court of Appeal agreed to hear six of 12 challenges to the Governor in Council's (GIC, essentially the Federal Cabinet) approval of the Trans Mountain Pipeline.

CanadaGovernment, Public Sector
Bridget Gilbride
Bridget Gilbride
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On September 4, 2019 the Federal Court of Appeal agreed to hear six of 12 challenges to the Governor in Council's (GIC, essentially the Federal Cabinet) approval of the Trans Mountain Pipeline, which came on June 18, 2019 (see their decision at 2019 FCA 224).

Contrary to normal practice, the Court issued detailed reasons on the leave application, in part because Canada and Trans Mountain (owned by Canada) took no position on 11 of the 12 applications.

While the Court allowed six challenges to proceed, it dramatically narrowed the issues to arguments relating to the federal government's consultation since the Court overturned the original project approval. In particular, the Court will review the adequacy of consultation in the period between August 30, 2018 and June 18, 2019, the time between the Court's first decision quashing the original approval, and their second approval of the project.

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