The Trans Mountain Pipeline expansion project is being halted.
The Federal Court of Appeal dismissed applications for the project made by the National Energy Board on Thursday, siding with multiple Indigenous groups and cities in British Columbia.
They note the NEB did nothing wrong when it came to addressing alternative routes for the project.
However, the FCA says they made a crucial error when defining the scope of the project as they didn’t mention project-related tanker traffic in their application.
The report adds this allowed the NEB to exclude any details on potential harm to the southern resident killer whale.
“The unjustified exclusion of project-related marine shipping from the definition of the project rendered the Board’s report impermissibly flawed,’ the report read.
Meanwhile, the FCA says the Government of Canada failed to fully consult with Indigenous people.
It notes the federal government didn’t properly ‘engage in a considered, meaningful two-way dialogue’ with the concerned parties.
Before the project can once again come forward for approval, the government needs to continue with these conversations and answer potential concerns over the project.