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The B.C. Supreme Court has ruled the B.C. government breached its duty to consult the Gitga’at and neighbouring First Nations on the Enbridge Northern Gateway pipeline. The decision, announced Wednesday, is seen as a major victory for First Nations that could have an impact on future oil pipeline projects.
Coastal First Nations took the B.C. government to court in January 2015 in a bid to strike down an agreement that gave Ottawa decision-making authority over the Enbridge Northern Gateway pipeline project. In June 2010, the B.C. Liberals signed an “equivalency agreement” with Ottawa, which effectively gave the federal National Energy Board final say over the environmental assessment process for five projects including the Enbridge Northern Gateway and Kinder Morgan Trans Mountain pipeline expansion.
Judge Koenigsberg Re Coastal First Nations v British Columbia Environment 01 13