Is it time to turn off the flow to reserves. Gas and cash!

[Sksman]

Northern Gateway pipeline approval overturned

Federal Court of Appeal finds Canada failed to consult with First Nations on pipeline project

Jason Proctor · CBC News15 Minutes Ago

The federal Court of Appeal has overturned approval of Enbridge's Northern Gateway pipeline project because Ottawa failed to consult with First Nations. (Alex Panetta/Canadian Press)

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The Federal Court of Appeal has overturned approval of Enbridge's controversial Northern Gateway project after finding Ottawa failed to properly consult the First Nations affected by the pipeline.

"We find that Canada offered only a brief, hurried and inadequate opportunity ... to exchange and discuss information and to dialogue," the ruling says.

• Northern Gateway pipeline opponents get say at mega-hearing
• Northern Gateway pipeline approved with 209 conditions

"It would have taken Canada little time and little organizational effort to engage in meaningful dialogue on these and other subjects of prime importance to Aboriginal peoples. But this did not happen."

Constitutional requirement to consult

The majority ruling was signed by two of the three judges on the Appeal Court panel. Judge Michael Ryer wrote a dissenting opinion.

Pipeline opponents have called the decision "landmark."

"At every turn you're going, you are seeing nails in the coffin of the Enbridge project," said Peter Lantin, president of the council of the Haida Nation, one of the parties that appealed.

"I don't think there's enough room for another nail in the coffin."

"First Nations, local communities, and environmental interests said 'no' to Enbridge 12 years ago when it first proposed the project. And now that 'no' has the backing of the courts," said Ecojustice lawyer Barry Robinson.

"Between on-the-ground opposition and the federal government's promises to keep B.C.'s north coast tanker free and demonstrate climate leadership, this pipeline is never getting built."

The federal government gave the go-ahead to the Northern Gateway project after a National Energy Board joint review panel gave its approval subject to 209 conditions.

But the government was also supposed to meet a constitutional requirement to consult with Aboriginal peoples following the release of that report.

According to the ruling, the project would significantly affect the seven B.C. First Nations who were parties to the appeal, the:

• Gitxaala
• Haisla
• Gitga-at
• Kitasoo Xai'Xais Band Council
• Heiltsuk Tirbal Council
• Nadleh Whut'en
• Nak'azdli Whut'en
• Haida Nation

The project would see the Northern Gateway Pipeline travel 1,177 kilometres and deliver bitumen from Alberta to B.C.'s coastline. (Enbridge/The Canadian Press)

Their traditional territory includes the waterway that would be used by tankers, the Kitimat terminal and some of the land the pipeline would cross.

'Undisclosed, undiscussed and unconsidered'

The ruling noted that the Aboriginal groups generally availed themselves of the joint review panel hearings, submitting both oral and written testimony to the NEB.

But the release of the joint review panel report was only the third step in a five-part process before the permit to build the pipeline could be issued. In the fourth phase, the Crown was supposed to consult with Aboriginal peoples "on any project-related concerns that were outside of the Joint Review Panel's mandate."

The Appeal Court ruling says the standard for consultation doesn't have to be perfection, but rather "whether 'reasonable efforts to inform and consult' were made."

The judges found the federal government had not met that standard.

 

[Sksman]

Pipelines generate good paying jobs.   Jobs pay taxes.  

If we cancel pipelines we cancel revenues.  

Who is left to pay the burden of the lazy ass judges and for the transfers to the reserves!

 

Forget the fact we could refine our own oil at the end of pipeline instead of importing crude.