TMX faces new court test

Gary Park

for Petroleum News

Forget the distractions of coping with a pandemic, four First Nations in British Columbia have demonstrated they are not ready to give up their legal fight against the Trans Mountain pipeline expansion, TMX.

They have each filed applications with the Supreme Court of Canada in a bid to overturn a Feb. 4 Federal Court of Appeal verdict that found the Canadian government cabinet’s approval of the work to increase capacity to 890,000 barrels per day of oil sands bitumen from the current 300,000 bpd.

Two of the leaders said they are challenging the adequacy of Indigenous consultation which they argue would “change the way consultation and consultation cases happen in Canada,” removing their efforts to protect aboriginal rights.

They also argue that the Canadian government, which owns the Trans Mountain system, is unable to objectively assess the “adequacy of their own consultation.”

In the midst the latest legal skirmish, construction continues on the C$12.6 billion TMX project, while Prime Minister Justin Trudeau said he has no intention of halting the work.

Trudeau and British Columbia government health officials say they will ensure that all necessary steps are taken to protect the workers from exposure to COVID-19.

- GARY PARK