B.C. First Nation wins bid to challenge Northern Gateway pipeline in court

A First Nation from British Columbia’s North Coast says the Federal Court of Appeal has agreed to hear its legal challenge of the Northern Gateway pipeline project. The Gitxaala Nation filed the court action in July over a federal cabinet decision to approve the project that would link the Alberta oilsands with a marine terminal on the B.C. coast. The Gitxaala say it has now been given the green light for a judicial review of the controversial $7-billion pipeline project proposed by Calgary-based Enbridge.

The federal government relied on an unlawful and unreasonable Joint Review Panel (JRP) report when it approved the Northern Gateway pipeline.

A Gitxaala Nation statement via email

The First Nation is challenging the Joint Review Panel report that the government based its decision for approval on, claiming Canada failed to provide reasonable accommodation and consultation over 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.