Thread by @BrennanMac

[THREAD] Regarding the appeal court’s decision today to quash construction approvals for the #TransMountain pipeline expansion; a 2016 gov’t review process actually flagged the issues identified by the court today. #cdnpoli 1/12

In May 2016, the federal government announced a ministerial panel to review the #TransMountain expansion project. This panel was intended to assess the NEB’s review process and it took place after the NEB had completed its review of TM. #cdnpoli 2/12

On Nov. 1, 2016, this ministerial review panel submitted its report to government on the #TransMountain pipeline expansion. Two areas are of significance to today’s court ruling. #cdnpoli 3/12

On the issue of the environmental assessment, the ministerial panel said many presenters were “upset” by the notion that the NEB would summarily reject responsibility for potential damage to coastal waters. #cdnpoli 4/12

The report also said that “one of the most frequently repeated concerns was for the local orca population” and flagged that the NEB report actually found “project-related marine shipping to have significant effects on the southern resident killer whale..” #cdnpoli 5/12

Fastforward, the court today found the NEB’s assessment "unjustifiably defined the scope of the project under review to not include project-related tanker traffic." The exclusion of this element led to "successive, unacceptable deficiencies" in the report. #cdnpoli 6/12

The court essentially found the NEB review flawed because it did not assess the impacts of increased marine shipping related to the project on the environment and, specifically, the *endangered* southern resident killer whales in the region. 7/12

QUESTION: If the gov’t-created ministerial panel responsible for reviewing the NEB assessment flagged this as an issue they were hearing, why did the federal government go on to green light the project? #cdnpoli 8/12

On the issue of Indigenous consultation, the ministerial panel actually noted the federal court of appeal’s ruling on Northern Gateway as evidence that “failing to consult appropriately” with First Nations has the capacity to bring a project to a stand still. #cdnpoli 9/12

The ministerial panel went on to highlight that in its review “most” Indigenous presenters said their “rights were not respected” and that their concerns about impacts were “ignored or, at the very least, minimized.” #cdnpoli 10/12

Fast forward to today, the court found that although Canada selected an appropriate consultation framework, the federal gov’t failed to engage in meaningful dialogue w/ Indigenous people and the gov't's duty to consult was “not adequately discharged.” #cdnpoli 11/12

QUESTION: If the gov’t-assigned ministerial panel flagged concerns about inadequate consultation with First Nations, and that failing to do so could jeopardize the project, why did the government go on to green light the project? #cdnpoli 12/12