VANCOUVER—The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project 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 green light to the project.

Prime Minister Justin Trudeau’s 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.

The court ruling requires the energy board to conduct a new review—which the court suggests could be kept short—and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

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 province’s lawyer told the court Ottawa’s 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 seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s 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 “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The 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 Canada’s decision to approve the project.”

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.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

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.</s>The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned

The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project 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 green light to the project.

The decision came less than an hour before Kinder Morgan shareholders voted overwhelmingly in favour of finalizing the sale of Trans Mountain to the Canadian government.

Prime Minister Justin Trudeau’s 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.

The court ruling requires the energy board to conduct a new review — which the court suggests could be kept short — and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

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 province’s lawyer told the court Ottawa’s 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 seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s 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 “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The 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 Canada’s decision to approve the project.”

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.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

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.

The Federal Court of Appeal is expected to release a judgment today on whether the federal government adequately consulted First Nations on the contentious Trans Mountain pipeline expansion.

The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued the federal government did not adequately consult them before the energy board review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultation.

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

Alberta was also an intervener and the province’s lawyer told the court that Ottawa’s decision to approve the expansion was based on evidence that considered environmental, economic and Indigenous interests.

Kinder Morgan shareholders are also set to vote today on whether to approve the sale of the pipeline and expansion project to the Canadian government for $4.5 billion.

Related: Trans Mountain pipeline: How we got here

Related: TIMELINE: Key dates in the history of the Trans Mountain pipeline

Like us on Facebook and follow us on Twitter.</s>VANCOUVER — The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project 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 green light to the project.

Prime Minister Justin Trudeau’s 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.

The court ruling requires the energy board to conduct a new review — which the court suggests could be kept short — and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

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 province’s lawyer told the court Ottawa’s 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 seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s 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 “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The 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 Canada’s decision to approve the project.”

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.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

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.
• Trudeau dogged by pipeline protesters as he visits B.C. forestry centre</s>Court said federal government failed o engage in meaningful consultations with First Nations

The Federal Court of Appeal has overturned Ottawa’s approval of the contentious Trans Mountain pipeline expansion, but Finance Minister Bill Morneau is pledging to push ahead with his government’s purchase of the project.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s 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 Trudeau’s 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.

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

“Taken together, today’s 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,” he said in Toronto.

“As 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 — including environmental protection. It means upholding or commitments with Indigenous peoples and it means responsibly protecting Canada’s and Canadians’ investment.”

The ruling requires the energy board to conduct a new review —which the court suggests could be kept short — 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 board’s review to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s 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 government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The 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 Canada’s decision to approve the project.”

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

“This 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,” 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

“This is a major victory for my community,” said Coldwater Chief Lee Spahan. “Thankfully, the court has stepped in where Canada has failed to protect and respect our rights and our water.”

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 province’s lawyer told the court Ottawa’s 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 project’s 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 “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

Vancouver Mayor Gregor Robertson said the decision validates his city’s concerns about marine impacts and Indigenous consultation.

“This 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,” Robertson said in a statement.

Ecojustice, the Living Oceans Society and the Raincoast Conservation Foundation called the ruling a “critical win” for the climate and coastal ecosystems.

“Going forward, we urge politicians and other project proponents to shift their focus away from projects that lock us into dependence on fossil fuels,” 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.

“The court has sent a clear signal that the rule of law will not accommodate environmental decision-making that fails to address these environmental risks,” 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.

Related: Trans Mountain pipeline: How we got here

Related: TIMELINE: Key dates in the history of the Trans Mountain pipeline

Like us on Facebook and follow us on Twitter.</s>The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned

The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project 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 green light to the project.

The decision came mere moments after Kinder Morgan shareholders voted overwhelmingly in favour of finalizing the sale of Trans Mountain to the Canadian government.

Prime Minister Justin Trudeau’s 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.

The court ruling requires the energy board to conduct a new review — which the court suggests could be kept short — and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

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 province’s lawyer told the court Ottawa’s 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 seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s 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 “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The 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 Canada’s decision to approve the project.”

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.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

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.

The Federal Court of Appeal is expected to release a judgment today on whether the federal government adequately consulted First Nations on the contentious Trans Mountain pipeline expansion.

The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued the federal government did not adequately consult them before the energy board review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultation.

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

Alberta was also an intervener and the province’s lawyer told the court that Ottawa’s decision to approve the expansion was based on evidence that considered environmental, economic and Indigenous interests.

Kinder Morgan shareholders are also set to vote today on whether to approve the sale of the pipeline and expansion project to the Canadian government for $4.5 billion.

Related: Trans Mountain pipeline: How we got here

Related: TIMELINE: Key dates in the history of the Trans Mountain pipeline

Like us on Facebook and follow us on Twitter.</s>VANCOUVER — Experts say the Federal Court of Appeal’s decision to quash Canada’s approval of the Trans Mountain pipeline expansion will likely delay the project for years.

The decision means the National Energy Board must conduct a new review of the impacts of increased tanker traffic on the marine environment and Prime Minister Justin Trudeau’s government must consult more meaningfully with First Nations.

University of Victoria law professor Chris Tollefson says the energy board should first launch its new review, which involves receiving written submissions, consulting with Indigenous groups and holding hearings.

The board’s first review took two years, and while the new assessment would be focused specifically on tanker traffic, Tollefson says the board must seriously consider the impacts on endangered southern resident killer whales.

After the board issues a new recommendation to cabinet, the federal government would then have to redo the final phase of consultation with all the affected First Nations along the pipeline route.

Eugene Kung, a lawyer who has worked for the Tsleil-Waututh Nation, warns that if Ottawa tries to rush consultation, the project could just wind up back before the court.</s>A judgment on whether the federal government adequately consulted First Nations on the expansion of the Trans Mountain pipeline was handed down on Thursday morning.

The case combined nearly two dozen lawsuits and contended that First Nations were not adequately consulted with before a review by the energy board or cabinet approval of the project.

The project has also been challenged in federal court by environmental groups and the cities of Vancouver and Burnaby.

On Thursday, the FCA ruled on the applications saying that the NEB’s review was flawed and that the federal government could not rely on it as a basis for its decision to approve the expansion.

The court also said that the federal government failed in its duty to engage in meaningful consultations with First Nations before approving the project.

The written ruling found that there was no "meaningful two-way dialogue" and that "The 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 Canada's decision to approve the project."

The Squamish Nation says the ruling is a recognition of Indigenous rights.

"This 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," the band said in a statement.

"This is a major victory for my community," said Coldwater Chief Lee Spahan. "Thankfully, the court has stepped in where Canada has failed to protect and respect our rights and our water."

The decision means the National Energy Board will have to redo its review of Kinder Morgan Canada's project.

Tim McMillan, from the Canadian Association of Petroleum Producers, says they are frustrated by the ruling and are once again at the end of a very long regulatory process.

“This is very similar to what we saw at Northern Gateway, that at the very end of the process, after the permits had been given, the court stepped in and we hope that as we come through this one that the government would fulfil their duty completely and that it would be under construction and moving forward in a very timely manner, this looks like it’s going to add a certain amount of delay,” he said. “To Canada, It’s going to cost us about $15 billion a year to continue to have inadequate pipeline capacity. To our industry its already driving investment to other parts of the world and I think the globe is looking at Canada as a place that doesn’t have their act together and can’t get projects done. This reaffirms that and I think Canadians should expect that we have a more streamlined, understandable regulatory system than what we do today.”

Kinder Morgan shareholders voted overwhelmingly on Thursday to approve the $4.5 billion sale of the pipeline and the expansion project to the Canadian Government.</s>The federal government will have to redo its consultation with all affected First Nations along the pipeline

This week’s announcement means continued work on the Trans Mountain pipeline could be delayed for years. (File photo contributed by KINDER MORGAN)

The Federal Court of Appeal’s decision to quash Ottawa’s approval of the Trans Mountain pipeline expansion is likely to delay the project for years, legal and political observers say.

The ruling means the National Energy Board must consider the impacts of increased tanker traffic on the marine environment and the federal government must consult more meaningfully with First Nations.

The energy board should first conduct its new review, which will involve receiving written submissions, consulting with Indigenous groups and holding hearings, said Chris Tollefson, a law professor at the University of Victoria.

The board’s first review took two years, and while the new assessment will be focused specifically on tanker traffic, Tollefson said the board must seriously consider the effects on endangered southern resident killer whales.

“The reality is that this proposal as currently planned would impact orcas unless it is changed,” said Tollefson, who represented BC Nature and Nature Canada during the first energy board review.

There are only 75 southern resident orcas left and few have reproductive potential. The project would have a serious impact unless design changes were made, such as altering shipping routes, reducing tanker speeds or the number of vessels, Tollefson said.

“In light of what the court had to say, I don’t think that should be hurried. I think it needs to be done right. It’s a central feature of this project.”

Once the board issues a new recommendation to cabinet, the federal government will have to redo its final phase of consultation with all the affected First Nations along the pipeline route.

Eugene Kung, a lawyer who has worked for project opponent the Tsleil-Waututh Nation, warned that if Ottawa tries to rush consultation, the project could just wind up back before the court.

“The federal government continues to take direction from the courts and interpret it through a lens of, ‘What is the least we can do?’ … In the age of reconciliation, but also if the federal government is looking to avoid future appeals, they need to start aiming for something higher than the floor,” said Kung.

The court ruled that Canada must not only listen to First Nations during consultation, but also seriously consider their specific and real concerns and provide a response, including accommodations where necessary.

READ MORE: Trudeau determined to build pipeline despite court ruling

For example, the Coldwater Indian Band in British Columbia’s southern Interior raised concerns about the pipeline route passing through an aquifer that is the sole supply of drinking water for the First Nation’s main reserve, but the government did not reroute the pipeline or provide a new water source.

“They were undertaking the (final) consultations with First Nations in a rushed manner and not taking the time to listen, to try to accommodate and to have a genuinely two-way conversation, which takes longer than listening, taking notes and relaying them to decision-makers,” said Kathryn Harrison, a political scientist at the University of British Columbia.

It’s highly improbable Trudeau’s government will be able to get the board review and Indigenous consultations done before the next election in the fall of 2019, said Harrison, who added that it’s difficult to say how the ruling will affect the Liberal government’s chances.

“How does Justin Trudeau respond to (Alberta Premier) Rachel Notley’s directives to him and withdrawal from the climate plan?” she asked. “What steps can he take to reassure the oil industry that Canada knows what it’s doing in reviewing major projects?

“To what degree does the government convince Canadians that buying this pipeline and committing to build a new one was a good investment of taxpayers’ dollars?

“It really depends on what the Trudeau government does.”

Notley announced Thursday she was pulling Alberta out of the federal climate plan until Ottawa gets the pipeline expansion back on track. She demanded that Trudeau appeal the ruling to the Supreme Court and hold an emergency session of Parliament.

READ MORE: Notley pulling Alberta out of federal climate plan

Trudeau said Friday he is committed to getting the project done “the right way.” He suggested he will follow the Appeal Court’s guidance on how to proceed.

“We are taking the time now to understand the court ruling, which addresses two things that are very important to this government — getting the science and the environmental protections right, and making sure we are walking forward in a true path of reconciliation and partnership with Indigenous Peoples,” Trudeau said after an event in Oshawa, Ont.

“We’re going to continue to move forward to get this pipeline built in the right way by acknowledging what the court has said.”

Even if the federal government did seek leave to appeal and the Supreme Court agreed to hear the case, that would take 18 months to two years, experts said.

The expansion project would triple the bitumen-carrying capacity of the Trans Mountain pipeline between near Edmonton and Metro Vancouver and increase tanker traffic in the Burrard Inlet sevenfold.

Kinder Morgan Canada Ltd. first announced the proposal in 2012 and shareholders voted Thursday to sell the pipeline to Canada for $4.5 billion.

Like us on Facebook and follow us on Twitter.</s>VANCOUVER – The Federal Court of Appeal has quashed Ottawa’s approval of the contentious Trans Mountain pipeline expansion.

READ MORE: Cost to twin Trans Mountain pipeline now $1.9B higher, Kinder Morgan says

The decision means the National Energy Board will have to redo its review of Kinder Morgan Canada’s project.

In a written decision, the court says the energy board’s review 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 green light to the project.

That decision means the government will have to redo part of its consultations with Indigenous groups.

READ MORE: ‘I’ve lived my 70 years abiding by the law’: B.C. grandma jailed for Trans Mountain protest

Prime Minister Justin Trudeau’s government approved Trans Mountain in 2016 and was so determined to see it built that it announced plans this spring to buy the pipeline and expansion project for $4.5 billion.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review to be overturned.

The expansion would triple the capacity of the Trans Mountain pipeline that carries oil from near Edmonton to Metro Vancouver for overseas shipping.

Kinder Morgan shareholders are to vote later today on whether to approve the sale to Canada.</s>(Reuters) - A Canadian court has overturned approval of the Trans Mountain oil pipeline expansion, leaving the future of the C$7.4 billion ($5.71 billion) project in jeopardy, in a blow to the Canadian government and the country’s oil sector.

The Federal Court of Appeal ruled on Thursday that the government had failed to adequately consult First Nations, sending the project back to Prime Minister Justin Trudeau’s cabinet.

Canada agreed in May to buy the pipeline for C$4.5 billion from Kinder Morgan Canada, betting it would win the court battle and be able to build an expansion, which faces fierce political and environmental opposition.

The expansion would nearly triple capacity on an existing line from Edmonton, Alberta to a port in the Vancouver area for export and was approved by the federal government in 2016. Alberta oil companies say the pipeline is needed to ease transport challenges and allow them to fetch better prices.

In its ruling, the court said that Canada’s efforts to meaningfully consult with indigenous people, as required by law, fell short. It also ruled that the National Energy Board (NEB) regulator wrongly narrowed its review of the project not to include tanker traffic related to the project.
Canadian Prime Minister Justin Trudeau reaffirms his support for the Trans Mountain expansion project after the Federal Court of Appeal rules suspension of the project.