The Federal Appeal Court upheld dismissed the appeal by 4 indigenous groups that they were not properly consulted.
No Indigenous veto, says court
"The case law is clear that although Indigenous peoples can assert their uncompromising opposition to a project, they cannot tactically use the consultation process as a means to try and veto it," the court ruled.
"Canada must act in good faith, but at the same time accommodation cannot be dictated by Indigenous groups."
The federal government has a constitutional duty to consult and, to the extent it can, accommodate Indigenous peoples before approving major projects on their traditional lands.
But the court said those consultations don't have to be "perfect" and cabinet should be given leeway to design the consultation process. In approving the project, the court said Ottawa balanced Indigenous concerns against "competing societal interests."
Full story here: https://www.cbc.ca/news/politics/federal-court-appeal-trans-mountain-1.5450748
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