Ottawa’s consultation with Indigenous groups on pipeline was meaningful: Lawyer

Jan Brongers began arguments on behalf of the federal government Tuesday

Ottawa’s consultation with Indigenous groups on pipeline was meaningful: Lawyer

Lawyers for the Canadian government say it conducted a new round of consultations with Indigenous groups about the Trans Mountain pipeline expansion that was reasonable, adequate and fair.

Jan Brongers began arguments on behalf of the federal government Tuesday, asking the Federal Court of Appeal to toss out legal challenges to the government’s approval of the project for the second time.

The court has heard from four Indigenous groups in British Columbia that say the government once again failed in its duty to hold meaningful dialogue about the project during consultations conducted between August 2018 and June 2019.

“The shortcomings of the earlier process were not repeated and therefore these four applications should be dismissed,” Brongers told a three-judge panel in Vancouver.

The federal government launched the new round of discussions after the same court cited inadequate consultation with Indigenous groups in its decision to quash the federal government’s initial approval of the Trans Mountain pipeline expansion in August last year.

Brongers told the court that the government deliberately set up a system for addressing the specific concerns of those Indigenous groups, and then went beyond it by opening the consultation to all 129 groups the government says are affected by the project.

Instead of just listening and recording the concerns it heard, the government instead incorporated them into broader programs that monitor impacts on the Salish Sea and underwater vessel noise, he said.

The Crown has also proven its willingness to alter proposed actions based on insight obtained through those consultations, he said. Significantly, when the government issued its second approval of the project, six of the National Energy Board’s 156 recommended conditions had been amended to address particular Indigenous concerns, he noted.

“It marked the first time the governor in council has ever exercised its power to exercise its own conditions on a pipeline in order to accommodate Indigenous Peoples.”

ALSO READ: B.C. First Nation alleges feds withheld information in pipeline consultation

Prime Minister Justin Trudeau’s government has twice approved a plan to triple the capacity of the pipeline from Alberta’s oilsands to a shipping terminal in Metro Vancouver.

A three-day hearing to consider challenges launched by the Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and a coalition of small First Nations in the Fraser Valley concludes Wednesday.

Several First Nations, environmental groups and the City of Vancouver had originally filed challenges making a range of arguments including that the project threatened southern resident killer whales.

The court only allowed six First Nations to proceed and called for an expedited hearing focused on the government’s latest 10-month consultation.

Two First Nations have since dropped out of the appeal after signing deals with Trans Mountain Corp., the Crown corporation that operates the pipeline and is building the expansion.

On Tuesday, Crown lawyer Dayna Anderson disputed allegations lodged by the Tsleil-Waututh that the federal government suppressed and significantly altered scientific information requested by the First Nation.

A lawyer for the Tsleil-Waututh had argued the government withheld its peer review of three expert reports prepared for the nation until after the consultation period closed.

Anderson said the report in question wasn’t a peer review at all, but a summary report intended to inform Canada’s consultation team so that educated discussions could take place.

The government provided the First Nation with the internal review, even though it had no obligation to do so, and made the author available to the First Nation in a meeting, she said.

“In no way did Canada attempt to suppress or alter scientific information. To the contrary, Canada has been extremely transparent,” she said.

A successful consultation doesn’t always mean conclusions will change and the government found through further review that Trans Mountain’s spill-risk assessment, which informed the National Energy Board’s findings, was adequate, Anderson told the court.

“In fact, Canada was open to a departure if it was warranted by the evidence. This evidence simply wasn’t as convincing as they wanted it to be,” she said.

Another Crown lawyer, Jon Kahn, said the consultation with Coldwater was frustrated by delays initiated by the band. The chief and council stopped responding to government consultants over a six-week period, declined a meeting with the natural resources minister and asked for more time to discuss an alternate route for the pipeline, he said.

A lawyer for the First Nation said Monday that the band has asked for a two-year baseline study on an aquifer that provides the reserve with its only drinking water and that could be threatened by the project.

Kahn said information that Coldwater believes is missing about the aquifer and the alternate route will be filed with the Canadian Energy Regulator, formerly the National Energy Board, but determining the length of a baseline study is outside the court’s purview.

Amy Smart, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Comox Valley Nature hosts an online lecture Sunday, April 18, to address the human and scientific perspective on climate change. Photo supplied
Upcoming Comox Valley Nature webinar addresses climate change

Comox Valley Nature hosts an online lecture Sunday, April 18, when Dr.… Continue reading

30 years after becoming part of the YANA family, Angela Furlotte is all grown up and enjoys her three dogs while working and living in the Comox Valley.
YANA founder helps family in need: a historical account

Andrea Postal Special to The Record The first few months of Angela… Continue reading

Photo collage of loved ones lost to substance use and overdose. (Photo courtesy Moms Stop The Harm)
B.C. overdose deaths still rising 5 years after public health emergency declared

Moms Stop the Harm calls on B.C. to provide safe supply in response to deadly illicit drug use

A man sustained burns to his body near this spot around 3:30 a.m. Tuesday, April 13 in Courtenay. The fire was left of the pathway. The Station youth housing facility and city public works yard are to the right of the trail. Photo by Terry Farrell
Emergency personnel respond to man on fire in wooded area of Courtenay

A man was badly burned in the early morning hours Tuesday in… Continue reading

This 2013 Dodge Ram 1500 was stolen from Black Creek Motors at approximately 2 a.m. Sunday, April 11. Photos via blackcreekmotors.com
VIDEO: Thieves steal truck from Black Creek car lot by towing it away

Have you seen a 2013 Dodge Ram 1500 in your neighbourhood in… Continue reading

(AP Photo/Matthias Schrader, FIle)
VIDEO: Rare blood clots ‘may be linked’ to AstraZeneca vaccines, Health Canada says

One case of the adverse effect has been reported in Canada

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Two men walk past a sign on Main Street in downtown Vancouver, B.C., Monday, April 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Calls for government transparency in COVID data continue as B.C.’s 3rd wave wears on

Social media, where both information and misinformation can spread like wildfire, has not helped

The music video for “Green and Blue” featured a Willington Care Centre in Burnaby as well as some of the volunteers and employees. (Screenshot/Todd Richard)
‘Green and Blue’: B.C. country musician releases tribute song for front-line workers

Richard’s new single has been viewed more than 3,000 times on his YouTube channel

An unidentified B.C. man said, in a human rights complaint, that he was refused a contract job after refusing to wear a mask when asked to by an on-site manager. (Unsplash)
Religious B.C. man lodges human rights complaint after fired for refusing to wear a mask

Worker’s claim that ‘to cover up our face infringes on our God-given ability to breathe’ dismissed by B.C. Human Rights Tribunal

FILE – People hold signs during a memorial march to remember victims of overdose deaths in Vancouver on Saturday, August 15, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. to request federal exemption for simple drug possession

Announcement comes on 5-year anniversary of B.C.’s first public health emergency

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

A grey whale off the coast of Vancouver Island is being monitored by Canadian and U.S. researchers, as it has developed lesions after being tagged last year. To try and prevent systemic infection from developing, the team administered antibiotics to the whale on March 31 and April 1. (Photo from the NOAA Fisheries website)
Tagged grey whale off Vancouver Island given treatment after developing lesions

Canadian and U.S. whale experts administered antibiotics to the animal on March 31, April 1

Most Read