{"article":{"id":293971,"heading":"Court overrules Canada's approval of Northern Gateway pipeline","author":"Obert Madondo","created":"2016-09-05 00:11:09","modified":"2016-09-06 11:11:13","last_modified":"Tue, 06 Sep 2016 18:11:13","article":"http:\/\/www.canadianprogressiveworld.com\/2016\/06\/30\/victory-court-overturns-northern-gateway-pipeline-approval\/<\/a>

\"In a decision that’s already being hailed as a major victory for First Nations and the planet, the Federal Court of Appeal recently overturned the Canadian government’s 2014 approval of Enbridge’s contested Northern Gateway pipeline project.

The court concluded that Canada failed to respect its constitutional duty to properly consult the various First Nations that would be adversely affected by the $7.9 billion pipeline before approving the project.

According to the court’s ruling (pdf), “Canada offered only a brief, hurried and inadequate opportunity” for dialogue. Canada acted in a manner that “was not consistent with the duty to consult and the obligation of fair dealing.”

Quote:

\"It would have taken Canada little time and little organizational effort to engage in meaningful dialogue on these and other subjects of prime importance to Aboriginal Peoples. But this did not happen.\"\n","contact":"marc1seed@yahoo.com","link":"www.freembtranslations.net","address":"","phone":"","parent_id":0,"mime_type":"text\/plain","summary":"\u201cFirst Nations and Canada have a lot of work to do regarding measures needed to finally put us all on the path of reconciliation and partnership.\u201d\r\nThe court\u2019s ruling offers the Trudeau government with a unique opportunity to re-think Canada\u2019s discredited pipeline approval process...","numcomment":2,"fileurl":"\/uploads\/","filesize":null,"article_url":"\/news\/2016\/09\/293971.php"},"attachments":[],"comments":[{"id":293972,"heading":"Ruling may not stop other pipelines","article":"http:\/\/www.ecojustice.ca\/ruling-may-not-stop-other-pipelines-only-trudeau-can-do-that\/\r\n\r\nPerhaps the most significant result of the Enbridge victory is that it lays bare the desperate need for fundamental reform to Canada\u2019s environmental assessment laws to support the long-term interests of all Canadians, rather than the short-term goals of extractive industries. Panels need to conduct meaningful reviews about whether and how projects can make a positive contribution to Canada\u2019s long-term social, cultural, and environmental health, and those results need to be reviewed by courts, from the lens of their compliance with Canada\u2019s laws.\r\n\r\nAnd while the victory lies with the hard work of the First Nations who took the risk in challenging the Enbridge project, the court\u2019s ruling shakes the foundation of Canada\u2019s duty to consult.\r\n\r\nThe prime minister has an important task to restore and rebuild our trust in environmental assessment review processes. This court decision tells us that tinkering with these broken review processes will not be enough \u2014 we need fundamental changes that go well beyond repairing the damage inflicted by the Harper omnibus bills. We need a new approach to environmental assessment law that respects First Nations\u2019 rights and that will help guarantee a healthy environment for Canadians now and well into the future.\r\n- See more at: http:\/\/www.ecojustice.ca\/ruling-may-not-stop-other-pipelines-only-trudeau-can-do-that\/#sthash.fzn9mo4P.dpuf","author":"Devon Page","parent_id":293971,"mime_type":"text\/plain","created":"2016-09-05 00:37:16","modified":"2016-09-05 00:37:16","fileurl":""},{"id":293976,"heading":"Canada failed to consult with First Nations on pipeline project","article":"http:\/\/www.cbc.ca\/news\/canada\/british-columbia\/northern-gateway-pipeline-federal-court-of-appeal-1.3659561\r\n\r\nConstitutional requirement to consult\r\n\r\nThe majority ruling was signed by two of the three judges on the Appeal Court panel. Judge Michael Ryer wrote a dissenting opinion.\r\n\r\nPipeline opponents have called the decision "landmark."\r\n\r\n"At every turn you're going, you are seeing nails in the coffin of the Enbridge project," said Peter Lantin, president of the council of the Haida Nation, one of the parties that appealed.\r\n\r\n"I don't think there's enough room for another nail in the coffin."\r\n\r\n"First Nations, local communities, and environmental interests said no to Enbridge 12 years ago when it first proposed the project. And now that "no" has the backing of the courts," said Ecojustice lawyer Barry Robinson.\r\n\r\n"Between on-the-ground opposition and the federal government's promises to keep B.C.'s North Coast tanker free and demonstrate climate leadership, this pipeline is never getting built."\r\n\r\nNorthern Gateway president John Carruthers issued a statement saying Enbridge will consult with Aboriginal groups, but is still committed to the project and "protecting the environment and the traditional way of life of First Nations and M\u00e9tis peoples and communities along the project route."\r\n\r\nThe federal government gave the go-ahead to the Northern Gateway project after a National Energy Board joint review panel gave its approval subject to 209 conditions.\r\n\r\nBut the government was also supposed to meet a constitutional requirement to consult with Aboriginal Peoples following the release of that report.","author":"CBC News","parent_id":293971,"mime_type":"text\/plain","created":"2016-09-06 11:11:13","modified":"2016-09-06 11:11:13","fileurl":""}]}