Words and photos by Cara McKenna

Many are celebrating a recent Federal Court of Appeal decision that quashed Canada’s approval of the Northern Gateway pipeline project because of improper consultation with First Nations.

The June 23 decision is especially relevant for the Tsleil-Waututh Nation, which recently filed its second legal challenge to the same high court, asking it to throw out the National Energy Board’s endorsement of the separate Kinder Morgan pipeline project.

Eugene Kung, a lawyer for Tsleil-Waututh’s anti-pipeline organization the Sacred Trust, called the federal court’s recent decision a victory.

Celebration of court decision at Crabb Park in Vancouver

“It’s recognition that the Canadian Constitution protects Indigenous rights, especially around consultation,” he said.

Kung said that the decision is vindicating, but it does open up some questions about the Tsleil-Waututh’s case around the NEB’s recommendation to federal cabinet. While the case identified a failure to consult with First Nations around Northern Gateway, it didn’t identify a minimum standard.

It is also unclear how the decision will factor into an upcoming Supreme Court of Canada case about what the role of the NEB should be in consultation.

“But overall, I think, the case is positive,” Kung said. “It’s positive for Aboriginal rights in Canada and another legal victory in a long string of them, where the First Nations have won.”

Reuben George of Tsleil-Waututh agreed. He said the decision affects his nation directly, and he is proud of the First Nations who were fighting against Northern Gateway and won.

“It’s very exciting times for First Nations, and I think you’re going to see more of us coming together,” he said. “I have 100 per cent confidence that we will win, too. That we will stop Kinder Morgan.”