A good read for what the recent Federal Court of Appeal decision on a legal challenge to the Trans Mountain pipeline expansion (TMX) means to Canada’s Indigenous communities can be found in this Edmonton Journal article by David Staples. Some highlights:
- While the decision rejected an attempt by four Indigenous groups to block the pipeline project, it enables the many First Nations who support the project to realize important economic benefits.
- The court found that the 126 Indigenous communities impacted by the project were meaningfully consulted, with all but four supporting or not opposed.
- The court found that there is no basis in Canadian law for First Nations to have veto power over a project that is found to be in the public interest and the interest of other Indigenous groups that support the project. It provides clarity on this matter that should provide a road map for other major resource projects to proceed.
- A First Nations legal expert agrees the decision is a huge win for First Nations who emphasize economic reconciliation.
