The Federal Court of Appeal has overturned OttawaB次元官网网址檚 approval of the contentious Trans Mountain pipeline expansion, but Finance Minister Bill Morneau is pledging to push ahead with his governmentB次元官网网址檚 purchase of the project.

In a unanimous decision by a panel of three judges, the court says the National Energy BoardB次元官网网址檚 review of the proposal was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

The court also concludes that the federal government failed in its duty to engage in meaningful consultations with First Nations before giving the project the green light.

Prime Minister Justin TrudeauB次元官网网址檚 government approved the project in 2016 and is so determined to see the line built that it announced plans this spring to buy the pipeline and expansion project for $4.5 billion after Kinder Morgan Canada balked at moving ahead with construction.

Shortly after the court ruling Thursday, company shareholders voted more than 99 per cent in favour of the sale.

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Even with the court decision, Morneau said the project is in the national interest and needs to go ahead.

B次元官网网址淭aken together, todayB次元官网网址檚 decisions from the Federal Court of Appeal and Kinder Morgan shareholders are important next steps in getting this project built in the right way for the benefit of all Canadians,B次元官网网址� he said in Toronto.

B次元官网网址淎s we move ahead with the project and the purchase, our government remains committed to ensuring the project proceeds in a manner that protects the public interest. That means ensuring the highest level over governance B次元官网网址� including environmental protection. It means upholding or commitments with Indigenous peoples and it means responsibly protecting CanadaB次元官网网址檚 and CanadiansB次元官网网址� investment.B次元官网网址�

The ruling requires the energy board to conduct a new review B次元官网网址攚hich the court suggests could be kept short B次元官网网址� and means the government will have to redo part of its consultation with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy boardB次元官网网址檚 review to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British ColumbiaB次元官网网址檚 south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

The court found that the governmentB次元官网网址檚 representatives B次元官网网址渓imited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.B次元官网网址� There was no B次元官网网址渕eaningful two-way dialogue.B次元官网网址�

B次元官网网址淭he Indigenous applicants were entitled to a dialogue that demonstrated that Canada not only heard but also gave serious consideration to the specific and real concerns the Indigenous applicants put to Canada, gave serious consideration to proposed accommodation measures and explained how the concerns of the Indigenous applicants impacted CanadaB次元官网网址檚 decision to approve the project.B次元官网网址�

The Squamish Nation cheered the ruling as a recognition of Indigenous rights.

B次元官网网址淭his decision reinforces our belief that the Trans Mountain expansion project must not proceed and we tell the prime minister to start listening and put an end to this type of relationship. It is time for Prime Minister Trudeau to do the right thing,B次元官网网址� the band said in a statement.

The Coldwater Indian Band, which asserts traditional territories in south-central B.C., said the pipeline route passes an aquifer that is the sole supply of drinking water for its main reserve

B次元官网网址淭his is a major victory for my community,B次元官网网址� said Coldwater Chief Lee Spahan. B次元官网网址淭hankfully, the court has stepped in where Canada has failed to protect and respect our rights and our water.B次元官网网址�

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall. They were supported by the province of British Columbia, which acted as an intervener.

Alberta was also an intervener and the provinceB次元官网网址檚 lawyer told the court OttawaB次元官网网址檚 decision to approve the pipeline expansion was based on broad evidence that considered environmental, economic and Indigenous interests.

The expansion would triple the capacity of the Trans Mountain pipeline from near Edmonton to Burnaby, B.C., to 890,000 barrels a day. It would also increase the number of tankers in Burrard Inlet sevenfold.

The court ruled that the energy board review contained a fatal flaw: it excluded the projectB次元官网网址檚 impact on marine shipping. That, in turn, meant that the energy board did not assess the potential impact of increased tanker traffic on the southern resident killer whale population.

That failure B次元官网网址渨as so critical that the Governor in Council could not functionally make the kind of assessment of the projectB次元官网网址檚 environmental effects and the public interest that the (environmental assessment) legislation requires,B次元官网网址� says the ruling written by Justice Eleanor Dawson.

Vancouver Mayor Gregor Robertson said the decision validates his cityB次元官网网址檚 concerns about marine impacts and Indigenous consultation.

B次元官网网址淭his decision is a monumental win for the rights of Indigenous Peoples and all of us who stand with them in firm opposition to a project that would massively increase climate pollution and put our coast at huge risk of oil spills,B次元官网网址� Robertson said in a statement.

Ecojustice, the Living Oceans Society and the Raincoast Conservation Foundation called the ruling a B次元官网网址渃ritical winB次元官网网址� for the climate and coastal ecosystems.

B次元官网网址淕oing forward, we urge politicians and other project proponents to shift their focus away from projects that lock us into dependence on fossil fuels,B次元官网网址� Ecojustice lawyer Dyna Tuytel said.

With as few as 75 southern resident orcas left, the population will be unsustainable if the project proceeds, said Paul Paquet, senior scientist with the Raincoast Conservation Foundation.

B次元官网网址淭he court has sent a clear signal that the rule of law will not accommodate environmental decision-making that fails to address these environmental risks,B次元官网网址� he said.

The Federal Court case was the most significant legal challenge facing the project and the decision may still be appealed to the Supreme Court of Canada.

Kinder Morgan had already won several court victories, including one last week when the Supreme Court of Canada dismissed an application from the City of Burnaby to overturn a lower court decision.

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