The provincial government did not fulfill its legal obligation to consult with First Nations on the Enbridge Northern Gateway pipeline, the B.C. Supreme Court ruled Wednesday.
The case, brought forward by the Gitga’at and other coastal First Nations, argued the province erred when it handed over decision-making authority for the project to the federal government under a provincial-federal Joint Review Process managed by the federal National Energy Board.
B.C. granted Ottawa authority over the project’s environmental review in a 2010 equivalency agreement. That agreement, however, did not release the province from the legal duty to consult First Nations, the B.C. Supreme Court found.
“It’s a very significant ruling,” Elin Sigurdson, lawyer with JFK Law, said. “The coastal First Nations and Gita’at were very successful in the application to quash the equivalency agreement which means the province now has to consult with First Nations that will be affected by matters in the provincial jurisdiction and has to conduct a new environmental assessment for the project.”