By The Canadian Press

Court dismisses B.C. First Nation’s challenge of NEB review for Trans Mountain

Sep 12, 2016 | 5:47 PM

VANCOUVER — The Federal Court of Appeal has dismissed a challenge filed by a North Vancouver First Nation that claimed the National Energy Board’s review of the Trans Mountain oil pipeline expansion was unlawful.

The Tsleil-Waututh Nation filed a challenge of the energy board’s review process in April 2014 on the grounds that it violated their aboriginal rights and the Crown had breached its duty to consult.

But the court has ruled the First Nation had numerous opportunities throughout the process to fully express its concerns, including the impact of increased marine shipping on Burrard Inlet.

The ruling says the consultation process is still ongoing and the federal cabinet will determine whether the Crown breached its duty to consult before issuing a decision on the project in December.

The National Energy Board issued a report in May that recommended the government approve the $6.8-billion Alberta-to-B.C. pipeline expansion with 157 conditions.

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A number of interveners have since filed challenges of the NEB’s recommendation, including the Tsleil-Waututh Nation, and those cases have not yet been heard.