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

The Tsartlip First Nation and St’at’imc Chiefs Council are challenging the federal government's decision to fast-track the Pacific Link oil pipeline as a project of national interest.

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Illustration for: B.C. First Nations file legal challenges against Pacific Link pipeline designation

In brief

  • The Tsartlip First Nation and St’at’imc Chiefs Council are challenging the federal government's fast-track designation of the Pacific Link pipeline.
  • The Pacific Link pipeline is estimated to cost between $35.2-billion and $42.7-billion and is intended to transport oil from Alberta to Metro Vancouver.
  • The St’at’imc Chiefs Council claims the project was approved without a full assessment of risks to salmon and fishing rights.
  • Prime Minister Mark Carney stated the project could create 140,000 jobs and generate over $20 billion in annual GDP.

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

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

Legal Challenges and Consultation Concerns

The Tsartlip First Nation has filed a Federal Court application for judicial review, stating that Ottawa has not "given sufficient information about the project and its potential impacts." Adam Olsen, a spokesman for the Tsartlip First Nation, said the consultation and decision-making process occurred in less than three months for a project "not expected to be completed until 2032."

The St’at’imc Chiefs Council, representing nine nations in B.C.’s Interior and Fraser Valley, has also launched legal action to overturn the listing. The council claims the decision was made in an "unlawful and unconstitutional manner" without an impact assessment or consultation with the nation. Kúkwpi7 Justin Kane, council chairperson, stated, "The threat of an oil spill affecting Fraser River salmon, our fishing rights and our way of being, is heinous."

Project Details and Economic Projections

The proposed Pacific Link pipeline is intended to supplement the existing Trans Mountain pipeline, transporting oil from Alberta to an export terminal in Metro Vancouver. The project has an estimated cost between $35.2-billion and $42.7-billion.

Prime Minister Mark Carney announced the designation on Oct. 1, citing a global "energy crisis." According to the Prime Minister’s Office, "Pacific Link will reduce our dependence on the United States by allowing Canada to export an additional one million barrels a day to growing markets in Asia." The Prime Minister's Office also stated the project "will create 140,000 jobs across the country and generate over $20 billion in GDP per year, and $100 billion in government revenue by 2060."

Environmental and Regulatory Context

The St’at’imc Chiefs Council noted that by listing the project under the Building Canada Act, the pipeline is deemed to have met all legal requirements for approval under federal environmental laws, including the Fisheries Act and the Species at Risk Act. Kúkwpi7 Justin Kane stated the project "is expected to double crude oil tanker traffic in the Salish Sea."

Prime Minister Carney stated that the Major Projects Office "conducted rigorous consultations," including with more than 130 Indigenous communities. He added that Indigenous communities will be offered a minimum of 10 per cent ownership interest, financed through the Indigenous Loan Guarantee Programs of Canada and Alberta.


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.

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