The Supreme Court of Canada has decided not to hear five challenges from BC environment and Indigenous groups. The Federal Court of Appeal had overturned cabinet’s first approval in 2018, citing insufficient consultation with Indigenous Peoples and a failure to take the impacts on marine mammals into account. After another round of Indigenous consultations and a second look at marine impacts, cabinet gave a second green light, but the same Indigenous communities and environment groups that successfully challenged the approval in 2018, filed new appeals of the approval in 2019. The Federal Court of Appeal heard and dismissed appeals from Indigenous communities about whether there had been enough consultation but had declined to hear arguments from the environment groups.
