First Nations Launch Legal Challenges Against Pacific Link Pipeline's National Interest Designation
Nine First Nations in British Columbia and Alberta have filed multiple legal challenges against the federal government's decision to designate the proposed $35.2 billion to $42.7 billion Pacific Link oil pipeline as a project of national interest, arguing Ottawa failed its constitutional duty to consult Indigenous communities.
Multiple First Nations in British Columbia and Alberta are mounting legal opposition to the Canadian federal government’s decision to designate the proposed Pacific Link oil pipeline as a project of national interest under the Building Canada Act. The designation, announced in October by Prime Minister Mark Carney and Alberta Premier Danielle Smith, marks the first use of this legislation and fast-tracks the regulatory review process for the project.
The Pacific Link pipeline is planned to transport one million barrels of Canadian crude oil per day from Bruderheim, Alberta, to a deepwater port near Delta, British Columbia, with an expected completion date of 2032. The estimated cost of the project ranges between $35.2 billion and $42.7 billion. The proposal involves more than 500 river crossings, including two new crossings along the Fraser River, and would increase tanker traffic in the Salish Sea.
In British Columbia, First Nations have filed eight separate legal challenges in Federal Court. Nine First Nations are involved in contesting the decision: Boston Bar, Cheam, Lower Nicola, Kwantlen, Kwikwetlem, Skeetchestn Indian Band, St’at’imc Nation, T’Sou-ke First Nation, and Tsartlip First Nation. In Alberta, Cold Lake First Nations filed the first legal challenge in October, citing inadequate consultation and raising concerns related to the Pathways carbon capture project.
Tsartlip First Nation filed a Federal Court application for judicial review on Friday, asserting that Ottawa did not provide sufficient information about the project and its potential impacts. Adam Olsen, a spokesman for Tsartlip First Nation and former B.C. Green legislator, called the pipeline decision "reckless" and "rushed," stating that consultation occurred in less than three months during summer wildfire seasons.
The St’at’imc Chiefs Council, representing 11 communities, launched legal action arguing that approving the project without a full assessment of risks to salmon populations and fishing rights is unlawful. Kúkwpi7 Bonnie Adolph, chief of Sekw’el’was, stated that the Crown refused to include her community in consultations because their territory is not directly on the proposed pipeline route.
A spokeswoman for Intergovernmental Affairs Minister Dominic LeBlanc said Ottawa conducted rigorous consultations with more than 110 Indigenous communities near or along the potential pipeline route. However, Dawn Farrell, CEO of Ottawa’s Major Projects Office, acknowledged that the team had not yet shown affected First Nations what their intentions were or followed through on promised work.
Federal Transport Minister Steven MacKinnon stated that the Port of Vancouver’s Roberts Bank Terminal 2 expansion has also been added to the list of projects of national interest. That expansion carries an estimated capital cost of $5.9 billion and aims to add 2.4 million containers of capacity annually.