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看看哪个ID象他
Trans Mountain 终于要上马了
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从2017到现在，。。。
建好时叫醒我
建好时叫醒我
jxyiliu
我是一只小老鼠
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给点提示呀。。。。
New Person
本站元老
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In a major victory for Trans Mountain, Federal Court dismisses Indigenous appeal of project's approval
The Federal Court of Appeal has dismissed an appeal by Indigenous groups challenging the federal government's approval of the Trans Mountain expansion project — clearing yet another major legal hurdle for the long-delayed $7.4 billion project, which will carry nearly a million barrels of Alberta oil per day to the B.C. coast.
In a unanimous 3-0 decision, the court ruled that Ottawa carried out "reasonable" and "meaningful" consultations with Indigenous peoples affected by the project's construction before approving the pipeline for a second time.
"This was anything but a rubber-stamping exercise. The end result was not a ratification of the earlier approval, but an approval with amended conditions flowing directly from renewed consultation," the court said.
"All very much consistent with the concepts of reconciliation and the honour of the Crown."
As part of the consultation process, Ottawa sent 60 Crown representatives to meet with 120 Indigenous communities in both Alberta and B.C.
The team gathered thousands of submissions and directed cabinet to impose additional conditions on the project based on the feedback they gathered — which Prime Minister Justin Trudeau and his ministers did in approving the project last year.
No Indigenous veto, says court
"The case law is clear that although Indigenous peoples can assert their uncompromising opposition to a project, they cannot tactically use the consultation process as a means to try and veto it," the court ruled.
"Canada must act in good faith, but at the same time accommodation cannot be dictated by Indigenous groups."
The federal government has a constitutional duty to consult and, to the extent it can, accommodate Indigenous peoples before approving major projects on their traditional lands.
But the court said those consultations don't have to be "perfect" and cabinet should be given leeway to design the consultation process. In approving the project, the court said Ottawa balanced Indigenous concerns against "competing societal interests."
Moreover, the court found that only a small subset of Indigenous communities are actually opposed to Trans Mountain's construction.
Of the 129 Indigenous groups potentially affected by the project, 120 either support it or do not oppose it, the court found. Meanwhile, 43 Indigenous groups have signed benefit agreements with the proponent.
The four Indigenous groups that launched this legal challenge have 60 days to appeal the Federal Court of Appeal's decision to the Supreme Court.
The Federal Court of Appeal has dismissed an appeal by Indigenous groups challenging the federal government's approval of the Trans Mountain expansion project — clearing yet another major legal hurdle for the long-delayed $7.4 billion project, which will carry nearly a million barrels of Alberta oil per day to the B.C. coast.
In a unanimous 3-0 decision, the court ruled that Ottawa carried out "reasonable" and "meaningful" consultations with Indigenous peoples affected by the project's construction before approving the pipeline for a second time.
"This was anything but a rubber-stamping exercise. The end result was not a ratification of the earlier approval, but an approval with amended conditions flowing directly from renewed consultation," the court said.
"All very much consistent with the concepts of reconciliation and the honour of the Crown."
As part of the consultation process, Ottawa sent 60 Crown representatives to meet with 120 Indigenous communities in both Alberta and B.C.
The team gathered thousands of submissions and directed cabinet to impose additional conditions on the project based on the feedback they gathered — which Prime Minister Justin Trudeau and his ministers did in approving the project last year.
No Indigenous veto, says court
"The case law is clear that although Indigenous peoples can assert their uncompromising opposition to a project, they cannot tactically use the consultation process as a means to try and veto it," the court ruled.
"Canada must act in good faith, but at the same time accommodation cannot be dictated by Indigenous groups."
The federal government has a constitutional duty to consult and, to the extent it can, accommodate Indigenous peoples before approving major projects on their traditional lands.
But the court said those consultations don't have to be "perfect" and cabinet should be given leeway to design the consultation process. In approving the project, the court said Ottawa balanced Indigenous concerns against "competing societal interests."
Moreover, the court found that only a small subset of Indigenous communities are actually opposed to Trans Mountain's construction.
Of the 129 Indigenous groups potentially affected by the project, 120 either support it or do not oppose it, the court found. Meanwhile, 43 Indigenous groups have signed benefit agreements with the proponent.
The four Indigenous groups that launched this legal challenge have 60 days to appeal the Federal Court of Appeal's decision to the Supreme Court.
