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Tuesday July 1, 2025
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Tsleil-Waututh Nation considers legal action after court dismisses challenge to pipeline

STAFF REPORT
February 4, 2020 1:15pm

Tsleil-Waututh Nation said it was disappointed in today’s decision by the Federal Court of Appeal to reject First Nation’s challenge to the Trans Mountain pipeline.

The Tsleil-Waututh Nation is exploring other legal options now.

“Tsleil-Waututh was ready to sit at the consultation table to engage in meaningful dialogue and meaningful consultation, but the concerns we raised were not addressed,” said Chief Leah George-Wilson.

“We are exploring all legal options. What I can tell you today is this is far from the end of the story,” he said.

Chief George-Wilson said the consultation on the process was inadequate.

“It’s a shame that we are at this point where further legal action must be considered when it is clear that this project does not have the free, prior and informed consent of the Tsleil-Waututh Nation, even when Canada’s scientists agreed with ours.” said Chief George-Wilson.

“This is not just a First Nations issue. It is an issue for everyone who is impacted by this project, those who live along the pipeline and tanker route, or anyone who cares about the sensitive habitat for orcas, salmon and thousands of birds and other species that could be seriously impacted by this dangerous project,” said Chief George-Wilson.

The Tsleil-Waututh Nation first formally rejected the proposed Trans Mountain pipeline after an exhaustive risk assessment study six years ago.

The pipeline expansion was approved by Ottawa in 2016, but that decision was quashed by the federal court of appeal due to lack of consultation with the First Nations. The federal government renewed consultation and presented a modified project, against which the appeal was filed by Tsleil-Waututh Nation and Squamish Nation.

Chief George-Wilson said the court focused on the cabinet’s assessment that their own consultation met the legal standard, and did not engage in many of the issues raised by the applicant First Nations, including oil spills, and the fate of whales.

“Our assessment clearly shows that this project represents a risk too great to accept. It’s our sincere wish that we can move beyond this ongoing conflict in the courts and instead move towards a collaborative approach to creating good jobs in alternative energy, green building and other sectors that all Canadians can be proud of.” said Chief George-Wilson.

Meanwhile, Seamus O’Regan, Minister of Natural Resources, welcomes the court of appeal’s decision.

“Today’s ruling affirms that the Government of Canada’s renewed consultations with Indigenous communities addressed the issues identified by the Federal Court of Appeal in its August 2018 decision,” he said.

“This was a responsibility the Government of Canada took very seriously, and it is work the government did in partnership with Indigenous communities.’

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