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The Federal Court of Appeal has ordered Ottawa to renegotiate the terms under which the Trans Mountain pipeline crosses a Coldwater Band reserve, raising new questions about the fate of Kinder Morgan Inc.’s federally approved plan to expand the pipeline.
On September 5, Canada withdrew its application for a judicial review of a Specific Claims Tribunal decision in Attorney General of Canada v Huu-ay-aht First Nation. The Specific Claims Tribunal decision awarding the Nation $13.8 million in compensation for breaches of duty will stand.
Maegen Giltrow represents the Blueberry River First Nation who are fighting to stop the incremental erosion of its land and treaty rights. Blueberry River First Nation lost a bid to stop any new industrial permits but the Court ruled that the actions of industry were causing “irreperable” damage to the territory.
Three First Nations have announced they’re taking legal action challenging the federal government’s approval of the Kinder Morgan Trans Mountain pipeline expansion project.
On December 12, 2016, the Specific Claims Tribunal released a decision–its first addressing the issue of compensation–awarding more than $13.8 million to Huu-ay-aht First Nations for breaches of fidcuciary duty committed by Canada between 1948 and 1969.
In a heated final argument Thursday, Squamish First Nation lawyer Aaron Bruce told the NEB that it cannot recommend the Trans Mountain expansion project’s approval because the federal government “recognizes the current process is deficient to address First Nations concerns. We shouldn’t be here today.”
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