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ARTICLE · 25 SEPTEMBER 2018

Of Orcas And Orders-In-Council: Where Did Trans Mountain Go Wrong, And How Can It Be Fixed?

The decision of the Federal Court of Appeal ("FCA") in Tsleil-Waututh Nation v. Canada ("Tsleil-Waututh") took most people by surprise.

CanadaTransport

The decision of the Federal Court of Appeal ("FCA") in Tsleil-Waututh Nation v. Canada ("Tsleil-Waututh")1 took most people by surprise, regardless of whether they supported or opposed the Trans Mountain Expansion Project ("TMX") it halted—a pipeline expansion that would increase the capacity (from 300,000 to 890,000 barrels of oil per day) and marine shipping potential of the existing Edmonton-to-Burnaby Trans Mountain Pipeline, and which promised to finally deliver on Western Canadian producers' aspirations to secure new Pacific markets. For those disappointed by the decision, the first question is how this situation could have been allowed to happen. The second question is how it can be fixed.

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