Far from issuing a death warrant for the Trans Mountain pipeline expansion, the Federal Court of appeal wrapped up a lengthy judgment this week with suggestions on how Ottawa could save the controversial project.
Through more than 250 pages and almost 800 clauses, Justice Eleanor Dawson — who wrote the decision — weighed myriad objections raised by myriad opponents.
Most she rejected. Complaints about procedural unfairness. Unfounded. Applications for judicial review. Dismissed.
She and her two colleagues on the panel of judges were not persuaded by the brief from the B.C. NDP government, nor most of the points raised by Burnaby, Vancouver and even the First Nation opponents of the project.
One had to read more than halfway through the mammoth document before getting to the critical error by the national energy board: “Unjustifiably excluding project-related marine shipping from the project’s definition.”
Vaughn Palmer – Vancouver Sun – September 1, 2018.