Last Updated on September 27, 2018
A Canadian court “quashed” approval of the Trans Mountain pipeline expansion on Thursday, a major setback for Prime Minister Justin Trudeau, whose government agreed to purchase the controversial project from Kinder Morgan for $4.5 billion Canadian dollars (U.S. $3.5 billion) in May.
It’s a stunning victory for Indigenous groups and environmentalists opposed to the project, which is designed to nearly triple the amount of tar sands transported from Alberta to the coast of British Columbia.
The Federal Court of Appeal ruled that the National Energy Board’s review—as explained by the Canadian Press—”was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.”
The project has been at the center of widespread protests from environmental groups and First Nations ever since November 2016, when Trudeau approved a $7.4 billion expansion of the existing Trans Mountain pipeline that would increase the transport of Alberta tar sands oil from the current 300,000 barrels per day to 890,000 barrels per day and increase tanker traffic nearly seven-fold through the Burrard Inlet.
Specifically, the court said it was an “unjustifiable failure” that the National Energy Board did not consider the environmental impacts of the increased tanker traffic.
The court additionally concluded that the government “fell well short” with properly consulting with the Indigenous groups involved in the case, including the Tsleil-Waututh and Squamish on British Columbia’s south coast.
The ruling will force the National Energy Board to redo its review of the pipeline and the government to restart consultations with the Indigenous groups. It also means that the construction that has already began in central Alberta must cease.
In effect, the court has halted the 1,150-kilometer project indefinitely and it will remain in “legal limbo until the energy regulator and the government reassess their approvals to satisfy the court’s demands,” CBC wrote about today’s decision.
Notably, the decision was made the same day Kinder Morgan’s shareholders voted to approve the $4.5 billion sale to Canada, which means the country owns a proposed pipeline project that could be subject to years of further review, the publication pointed out.
The court’s judgment could be appealed a final time to the Supreme Court of Canada.
The Minister of Finance Bill Morneau said that the government has received the ruling and will review the decision.
Across the world right now, Indigenous peoples are facing a renewed assault on their lands, rights, and ways of life.
From extractive industries pushing deeper into ancestral territories, to governments rolling back hard-won protections,
the threat is global—and it is growing.
What makes this moment especially dangerous is how little attention it receives.
Stories like this are disappearing in real time. Mainstream media
barely covers it and the coverage is fragmented. The public is left without the context
needed to understand what is truly at stake.
That is exactly why IC Magazine exists..
For more than 20 years, IC has reported on Indigenous struggles worldwide — consistently, independently, and without compromise.
We don’t follow news cycles; we trace patterns. We don’t sensationalize; we provide context.
And when the world looks away, we stay focused.
But this work is increasingly difficult to sustain.
We refuse to lock our reporting behind a paywall. We don’t sell access through subscriptions.
And we don’t answer to advertisers. IC Magazine survives solely because readers like you choose to
support independent Indigenous journalism.
Please donate today if you can. Every contribution helps us to continue this crucial work.
Thank you,
John Ahni Schertow
Founder and Editor in Chief
