A legal expert says a number of recent events could affect whether Tsleil-Waututh Nation will be successful in halting National Energy Board’s review of a proposed pipeline expansion project in its territory.

Kinder Morgan’s $5.4 billion plan would nearly triple the capacity of the Trans Mountain pipeline, which carries crude oil from Alberta to the BC coast.

Tsleil-Waututh is alleging that it was not consulted when Canada began its environmental assessment process around the project. The nation was expected back before the Federal Court of Appeal for a final time on Jan. 22 after an initial hearing on Oct. 27.

Eugene Kung, a lawyer for Tsleil- Waututh’s anti-pipeline initiative the Sacred Trust, said a number of intriguing factors are stacking up in the case. Those include the province’s rejection of the project before Tsleil-Waututh’s hearing before the NEB on Jan. 19, Canada’s new government’s position and a recent Supreme Court ruling that BC failed to consult a number of Coastal First Nations on the Enbridge Northern Gateway pipeline.

“There is a very long history of First Nations securing legal victories,” he said, adding that the recent Coastal First Nations victory “also applies for the Kinder Morgan case, so obviously [Tsleil-Waututh] are very hopeful that it will be successful.”

Kung, who is not arguing for Tsleil-Waututh in court, but is watching the case closely, said he will be interested whether the position of Canada’s attorney general will change given the fact that a new government was sworn in after the last court appearance.

Tsleil-Waututh member Rueben George, of the Sacred Trust, said he feels “pretty confident” the nation will win. “As we’ve said all along, we’ll do whatever it takes,” he said.

“We’re not negotiating. … We’re not a rich nation by any means, but you can’t put a price on the things we love.”