The Globe and Mail reports in its Saturday edition that Enbridge's Northern Gateway died after a court determined that there was inadequate consultation with first nations. The Globe's Gary Mason writes that Kinder Morgan decided that would not be something that killed its Trans Mountain project. There has always been a feeling that if anything was going to threaten Trans Mountain, it would be a legal ruling that sided with a first nations group opposed to the project -- which is why B.C. Supreme Court Justice Christopher Grauer's decision last week is so consequential.
He said in the case of the Squamish First Nation that he was satisfied that the consultation that took place with the National Energy Board process was adequate.
There is still the reference question that the B.C. government is sending to the courts on jurisdiction. The Federal Court of Appeal is soon expected to render a decision. It does not necessarily follow that because the B.C. Supreme Court has ruled that consultation was sufficient, the federal appeal court will, too. Most legal observers, however, believe that Justice Grauer's decision certainly bodes well for Kinder, which must be anxiously awaiting the federal court's verdict.
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