The Federal Court of Appeal dealt the Trans Mountain expansion project a major setback Thursday, finding that the government of Canada had not fulfilled its duty to consult with First Nations on the pipeline from Alberta to British Columbia. The court also scored Ottawa for not providing analysis and explanation on how whales might die from possible spills. It is a kick into outer space for the plan to sell Alberta oil to China (and others). The decision means the National Energy Board will have to redo its review of Kinder Morgan Canada’s project. In a written decision, the court says the energy board’s review was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion. With a condition set by the court that there be not just consultation, but meaningful discussions, with aboriginal parties the pipeline seems to be in limbo. This vague requirement may or may not mean that indigenous objectors have to agree with a plan to build. But either way, the concept of Canadian oil to the coast seems years away.
