While heavily impacted First Nations have been continuously opposing TMX on their never-surrendered lands, courts have been using “injunctions” as tools for stopping protests.
A group of British Columbia First Nations is seeking to challenge the federal government's second approval of the Trans Mountain pipeline expansion project in Canada's highest court.
Although First Nations can "assert their uncompromising opposition" to a fossil fuel project like an oil pipeline, they can't "use the consultation process as a means to try to veto it," said the Federal Court of Appeal.
The Federal Court of Appeal is set to release its decision on the latest challenge of the Trans Mountain pipeline expansion on Tuesday, February 4, 2020.
The governments of Alberta and Saskatchewan are urging the Federal Court of Appeal to defer to cabinet's approval of the Trans Mountain pipeline because they say Indigenous opposition shouldn't outweigh other public interests in the project.
Lawyers for the Canadian government say it conducted a new round of consultations with Indigenous groups about the Trans Mountain pipeline expansion that was reasonable, adequate and fair.
Four British Columbia Indigenous groups are set to argue in the Federal Court of Appeal that the Canadian government failed to consult adequately with them before its latest approval of the Trans Mountain pipeline expansion.
A British Columbia First Nation and three environmental groups hope to appeal a Federal Court of Appeal decision that limited their ability to challenge the Trans Mountain pipeline expansion in court.