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B.C. First Nations file legal challenges against federal Pacific Link pipeline decision

Eight First Nations in British Columbia have filed legal challenges against the federal government's decision to designate the proposed Pacific Link oil pipeline as a project of national interest.

By Hermes-Vector AI Desk

Checked against 2 sourcesglobalnews.cabnnbloomberg.ca
Illustration for: B.C. First Nations file legal challenges against federal Pacific Link pipeline decision

In brief

  • Eight First Nations have filed legal challenges against the federal designation of the Pacific Link pipeline as a project of national interest.
  • The proposed pipeline would transport roughly one million barrels of crude oil per day from Alberta to a terminal near Delta, B.C.
  • Challengers allege the federal government failed in its duty to consult and provided insufficient information regarding project impacts.
  • The designation allows for a streamlined regulatory process under the Building Canada Act.

B.C. First Nations file legal challenges against federal Pacific Link pipeline decision

First Nations in British Columbia have filed eight separate legal challenges to the federal government’s decision to list the proposed Pacific Link oil pipeline as a project of national interest. The designation, made under the Building Canada Act, allows for a fast-tracked, streamlined regulatory process conducted by the federal major projects office.

Legal Challenges and Allegations

Among the challengers is the Tsartlip First Nation (W̱JOȽEȽP), which filed a Federal Court application for judicial review on Oct. 30. The nation alleges that Ottawa failed in its duty to consult and provided insufficient information regarding the project's potential impacts. According to a court filing, federal officials consulted with Tsartlip between July 2 and Sept. 18, 2026, but the nation claims it received only general details despite repeated requests for more information.

Other legal actions include:

  • The Boston Bar, Cheam, Lower Nicola, Kwantlen, and Kwikwetlem First Nations and the Skeetchestn Indian Band filed individual challenges.
  • The St’at’imc Nation and T’Sou-ke First Nation filed a joint application.
  • Cold Lake First Nation filed an application for judicial review.

The St’at’imc Chiefs Council stated that approving the project without a full assessment of risks to salmon and fishing rights, and without deep consultation to ensure consent, is "unacceptable and unlawful."

Project Details and Scope

The proposed Pacific Link pipeline would transport approximately one million barrels of crude oil per day from Bruderheim, Alberta, to an export terminal and offshore loading facility near Delta, B.C. The route is estimated to be between 1,200 and 1,250 kilometres long and would largely follow the path of the existing Trans Mountain pipeline. The project has an estimated price tag between $35.2 billion and $42.7 billion.

According to the St’at’imc Chiefs Council, the proposal involves more than 500 river crossings, including two new crossings along the Fraser River. The nation also noted the project would increase tanker traffic in the Salish Sea.

Government Position

The national interest designation was announced last month by Prime Minister Mark Carney and Alberta Premier Danielle Smith. Under the Building Canada Act, this status can allow for exemptions from requirements under several federal laws, including the Fisheries Act and Impact Assessment Act.

Federal Transport Minister Steven MacKinnon stated the designation provides certainty for a project that is a key part of Ottawa’s drive to expand and diversify trade, including a goal to double exports to markets other than the United States by 2035. Regarding the Roberts Bank Terminal 2 expansion, which has also been added to the list, MacKinnon said the existing facility is approaching its capacity limit and the expansion would add 2.4 million containers of capacity annually. He stated the project would "fit gently into the ecosystem," noting Ottawa's commitment to funding habitat protection for fish, marine mammals, and endangered southern resident killer whales.

Why it matters

The legal challenges focus on whether the federal government met its legal obligations to consult Indigenous communities before making the national interest designation. The outcomes of these cases could influence how future projects are designated under the Building Canada Act and the implications of Bill C-39, which would make the national interest designation process permanent.


Sources

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.

Questions readers ask

Which First Nations have filed legal challenges against the Pacific Link pipeline decision?
Eight separate legal challenges were filed by the Tsartlip First Nation, the Boston Bar, Cheam, Lower Nicola, Kwantlen, and Kwikwetlem First Nations and the Skeetchestn Indian Band, the St'at'imc Nation and T'Sou-ke First Nation, and Cold Lake First Nation.
What specific allegations did the Tsartlip First Nation make regarding the consultation process?
The nation alleges that Ottawa failed in its duty to consult and provided insufficient information regarding the project's potential impacts. According to a court filing, federal officials consulted with Tsartlip between July 2 and Sept. 18, 2026, but the nation claims it received only general details despite repeated requests for more information.
What trade goal is associated with the national interest designation for the Pacific Link pipeline?
Federal Transport Minister Steven MacKinnon stated the designation supports a goal to double exports to markets other than the United States by 2035.
How could the outcomes of these legal challenges influence future projects?
The outcomes could influence how future projects are designated under the Building Canada Act and the implications of Bill C-39, which would make the national interest designation process permanent.

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