Statement on B.C. Supreme Court decisions
May 24, 2018
VICTORIA – Attorney General David Eby has released the following statement:
“Today, we received two decisions from the B.C. Supreme Court on legal challenges related to the Trans Mountain Expansion Project.
“Both proceedings challenged the Environmental Assessment Certificate, or EAC, for the TMX Project. The petition filed by the Squamish Nation alleged that the provincial Crown did not fulfill its duty to consult them. The City of Vancouver’s petition challenged the EAC on procedural grounds.
“While the cases involved actions by the previous government, the B.C. government argued in the Squamish proceeding that the provincial Crown had fulfilled its minimum legal duty to consult the Squamish Nation. In the City of Vancouver case, the B.C. government took no position on the merits of the petition and appeared in court in order to provide the record of the government’s decision and make limited submissions on the standard of review and costs.
“We have only just received the judgements and will take the necessary time to review them.
“Our government has taken a balanced approach to defending our environment and our economy while fulfilling our legal obligations and respecting the rule of law.
“The court has made clear that these rulings have no bearing on the ongoing federal Court of Appeal case challenging the federal approval of the project.
“As there may be appeals in these cases, they remain before the courts, and we have no further comment at this time.”
Ministry of Attorney General