Globe editorial: The Trans Mountain pipeline, the court decision and the fate of Justin Trudeau

This translation has been automatically generated and has not been verified for accuracy.The fate of one of Justin Trudeau’s signature initiatives – the Trans Mountain pipeline expansion – will still be undecided when Canadians vote in October. The pipeline’s fate is once more before the Federal Court of Appeal, which will, once again, rule whether the government adequately consulted with Indigenous groups.

Almost immediately, multiple litigants went to court, arguing Ottawa had failed to follow procedures designed to respect environmental law and Indigenous rights. As Justice Stratas helpfully reminds his readers, “the duty to consult does not require the consent or non-opposition of First Nations and Indigenous peoples before projects like this can proceed. Dissatisfaction, disappointment or disagreement with the outcome reached after consultation is not enough to trigger a breach of the duty. Under the duty to consult, First Nations and Indigenous peoples do not have a right to veto a project.

In January, in one of Jody Wilson-Raybould’s last moves as justice minister and attorney-general, she issued a directive on Canada’s civil litigation strategy involving Indigenous people. It codified the justice department’s de facto approach of the past two years. Ottawa will defend itself in the coming appeals, but it didn’t add an extra hurdle by trying to block the case from returning to Federal Court.

GlobeBC this should not have been started until after the election.

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