Whether you support or oppose the Kinder Morgan pipeline expansion this is a must read decision, with the judiciary at their finest: https://www.documentcloud.org/documents/4801795-Fed-Court-of-Appeal.html
Madam Justice Dawson spends the bulk of her time dismissing appeal claims that she found to have no merit as both the NEB and the government of Canada met the requirements of the law. She then zeroes in, with razor sharp precision, by explaining where first the NEB and then Canada and the “Governor in Council”, Trudeau and Cabinet, failed to apply the law correctly.
This judgement is a review as to where the full extent of the law was not followed prior to the issuing of the permit for construction of the pipeline expansion. For those of you who do not have time to read the full extent of the decision here are some highlights you can review:
1. Failure of the NEB to include and consider marine-shipping impacts and failure of the Prime Minister and Cabinet to consider NEB failure before issuing permit: 468-471
2. Failure of Canada and Prime Minister and Cabinet to adequately consult and accommodate the Squamish on their concern relating to potential dill-bit spills: 668
3. Failure of Canada and Prime Minister and Cabinet to adequately consult and accommodate Coldwater on their concern relating to their drinking water aquifer: 680
4. Failure of Canada and Prime Minister and Cabinet to adequately consult and accommodate the Sto Lo Collective on their cultural, archeological and constitutional fishing rights: 727
5. Quashing of the permit to construct Kinder Morgan pipeline expansion, with clear direction to government of Canada and Prime Minister and Cabinet as to how legal deficiencies can be remedied: 759-776
The finite manner of detail with which the Appeals Court Justice dissects the appellants claims and finds the NEB, Canada and the Prime Minister and Cabinet wanting will make this an extremely difficult case to appeal to the Supreme Court, as the Justice, in my opinion, carefully and plainly lays out where the NEB and Prime Minister and cabinet failed to follow the law.
Andy Shadrack
Kaslo
