Federal court appeal of Northern Gateway Pipelines Project approval

The Federal Court of Appeal has granted leave to Gitxaala Nation to apply for Judicial Review to challenge the approval of the Northern Gateway Pipelines Project. The court’s decision means it will hear and decide on the Gitxaala Nation’s lawsuit challenging cabinet’s approval of the Enbridge project. Gitxaala contend the federal government relied on an unlawful and unreasonable Joint Review Panel report when it approved the Northern Gateway pipeline. In addition, Canada failed to provide reasonable accommodation and consultation regarding Gitxaala’s Aboriginal rights and title. The Gitxaala says it’s unlikely the court will hear the case for months because several other lawsuits have been filed and other parties are involved. The government’s approval came with 209 conditions for the proposed pipeline carrying bitumen — a molasses like crude — between Alberta and B.C.’s coast.