The Trans Mountain Pipeline

The Trans Mountain Pipeline is the primary transportation system for moving oil exports through the provinces of Alberta and British Columbia. It has been in operation since 1953, and serves as the only pipeline of oil exports through the two provinces (Laanela 4). The 1150 kilometer pipeline, operated by Kinder Morgan Canada Inc, is considered essential for the economy and employment opportunities by both the provincial government and the federal government. The owner of the Trans Mountain Pipeline, Kinder Morgan Energy Partners LP, announced in 2013 its proposal to expand the pipeline by twinning the existing infrastructure which will allow for the oil exports to triple in capacity (Trans Mountain UPDATES Customer Commitments for Proposed Expansion Project). The National Energy Board of Canada approved the twinning of the pipeline which led to large opposition from environmental groups and several First Nations who had concerns regarding potential environmental impacts caused by increased tanker traffic and the increased risk of oil spills. In addition, many First Nations groups felt that they were inadequately consulted regarding the pipeline approval process and the implications that would have on their lands. This led the many groups opposed to the project to file an appeal with the federal court of appeal. The federal court of appeal reached a verdict in August of 2018 regarding the National Energy Board’s approval of the Trans Mountain Pipeline Expansion project.

The verdict reached by the court revealed the success of appeal.  According to the document, the “court decision, which effectively halts all construction until a new federal permit meeting the court’s conditions can be approved, quashed Ottawa’s approval of the project on two grounds: [One being] The National Energy Board’s failure to consider the project’s impact on the marine environment, including the impact of increased tanker traffic on the endangered population of southern resident killer whales. [And two being] a failure in the last stage of the consultation process with First Nations — referred to as Phase III — to engage in a considered, meaningful two-way dialogue”(Laanela 3).  As a result of this decision, the Trans Mountain Pipeline expansion project will have to halt until the NEB and the system “The court ruling requires the energy board to conduct a new review—which the court suggests could be kept short—and means the government will have to redo part of its consultations with Indigenous groups” (Bryden 2). Well most First Nations people saw this as a victory, there were others who were in favor of the expansion project.

The court decision was received with elation by both indigenious groups and environmental activists who were genuinely surprised by the outcome. When asked for his reaction to the court ruling, Grand Chief Stewart Philip of the Union of BC Indian Chiefs (UBCIC) said that “I’m absolutely elated. I’m ecstatic. We denounced the so-called consultation process from the beginning as fundamentally flawed.. and the courts upheld that” (Laanela 1). The decision was seen by many First Nations groups as a victory and an important step towards reconciliation. In a statement to the press,”Tsleil -Waututh Chief Maureen Thomas and UBCIC vice-president Bob Chamberlin explained that “This is what reconciliation can be in Canada” (Laanela 2). Although First Nations leaders saw this as a victory, there were some leaders who were still in favor of the expansion project proceeding.

While supporting the ruling of the Court, a few leaders, such as Chief Mike LeBourdais of the Whispering Pines First Nation, believe that they should have the rights to own or control parts of the new expansion program. Chief Mike LeBourdais stated that “We are tired of watching corporations from Texas making money off our resources as they flow by….. we want to protect the environment and we want to do it on our terms” (Laanela 3). Chief LeBourdais, along with a few other indigenious leaders, believe that the environmental issue will be solved with more involvement from First Nation groups as well as increased consultation regarding the issue.

The decision rendered by the Federal Court of Appeal is a victory for environmental groups as well as indigenious groups. However, the battle to convince the government to abandon the project continues as the decision will only delay the project until proper consultation has been achieved. More action may be necessary for those groups that wish to see the project scraped permanently.

Chenhe Ma

Works Cited

Laanela, Mike. “‘We are winning’: Several B.C. First Nations celebrate Trans Mountain victory.” CBC.ca , CBC News, 30 August 2018, https://www.cbc.ca/news/canada/british-columbia/trans-mountain-first-nations-federal-court-1.4804734., Accessed 04 August 2021.

“Trans Mountain UPDATES Customer Commitments for Proposed Expansion

Project.” Kinder Morgan – Trans Mountain Updates Customer Commitments for 

Proposed Expansion Project, Kinder Morgan Energy Partners L.P., 10 January 2013,

https://ir.kindermorgan.com/news/news-details/2013/Trans-Mountain-Updates-Custo

mer-Commitments-for-Proposed-Expansion-Project/default.aspx.,

Accessed 04 August 2021.

Bryden, Joan. “Trans Mountain Expansion Halted by Federal Court of Appeal.”

Macleans.ca, The Canadian Press, 30 August 2018,

https://www.macleans.ca/news/canada/trans-mountain-expansion-halted-by-federal-c

ourt-of-appeal/., Accessed 04 August 2021.