A clever argument about a detail in the federal-provincial agreement to co-operate when reviewing the Northern Gateway pipeline won the day in B.C. Supreme Court on Wednesday.
It resulted in a declaration by Justice Mary Marvyn Koenigsberg that B.C. abdicated its responsibility and breached the honour of the Crown by failing to consult with First Nations during the process of reviewing the planned crude-oil pipeline from Alberta to Kitimat.
One of the more intriguing demands by those opposing the Site C dam is that Prime Minister Justin Trudeau step in and block its construction, using the argument that the dam infringes First Nations' rights and poses environmental risk.
The odds of the Trudeau government taking such an extraordinary action are, of course, fairly remote. But the root of the argument -- that the dam tramples on First Nations' rights -- remains very much alive even while the dam's construction proceeds every day.
A B.C. Supreme Court ruling Wednesday that brought a halt to Enbridge’s $7.9-billion Northern Gateway project could have wider environmental implications for the province.
Justice Marvyn Koenigsberg found the B.C. government abdicated its statutory duties and breached its duty to consult First Nations when it signed and failed to terminate an equivalency agreement that handed the federal National Energy Board sole jurisdiction over the environmental assessment decision-making on the project.
Contrary to the suggestion that the BC government has 'put its foot down on Kinder Morgan’s controversial Trans Mountain pipeline expansion' the reality is that Premier Christy Clark and Environment Minister Mark Polak have their feet firmly planted in thin air.
For the submissions by Burnaby Residents Against Kinder Morgan Expansion (BROKE) and the UNIFOR union to the National Energy Board (NEB) hearings on TransMountain's proposal to expand their pipeline to carry diluted bitumen from the Alberta tar sands to tanker docks in Burnaby, BC:
We recently travelled to northeastern B.C.’s Peace Valley to meet with First Nations members and local landowners camped out at a remote historic fort site slated for destruction by the Site C dam.
The Treaty 8 Stewards of the Land told media they’re willing to risk arrest to stop BC Hydro from clear cutting forests around Rocky Mountain Fort, on the west side of Moberly River. The site, selected by explorer Alexander Mackenzie as mainland B.C.’s first trading post, is on Treaty 8 First Nations’ traditional territory.
Yesterday, the government of British Columbia joined Indigenous peoples, community groups, cities, climate activists, and thousands of others in opposing the Kinder Morgan Trans-Mountain tar sands pipeline.
Despite this, and despite their campaign promise to the contrary, Prime Minister Justin Trudeau and the federal government are proceeding with a review of the pipeline that ignores climate change, silences communities, and refuses to respect the rights of Indigenous peoples.
In a final written submission to the National Energy Board (NEB) on Monday, the provincial government announced it would not support the hotly-debated proposal based on Kinder Morgan’s failure to prove it would meet stringent "world leading" oil spill safety requirements.
Media Statement: January 8, 2016
Final Arguments on Trans Mountain Pipeline Hearings Submitted by Andrew Weaver
For Immediate Release
Victoria, B.C. - Today Andrew Weaver, MLA for Oak Bay Gordon Head and Leader of the B.C. Green Party submitted his Final Argument in the Trans Mountain Pipeline Expansion Hearing Process.
