Last week’s court ruling on the Trans Mountain pipeline expansion would have “killed” the project outright if it were still in private hands, Prime Minister Justin Trudeau said.

Trudeau defended his government’s decision to buy the pipeline in remarks to reporters during a visit to Edmonton Wednesday.

His appearance comes one week after the Federal Court of Appeal reversed a cabinet decision allowing construction to begin on the pipeline expansion between Strathcona County and Burnaby, B.C.

“If that project expansion was still in private hands, that court of appeal ruling would have killed it,” Trudeau said to reporters in Edmonton.

Faced with opposition from the B.C. government, some Indigenous communities and environmental groups, the federal government in May opted to purchase the pipeline and all of Kinder Morgan Canada’s core assets.

The $4.5-billion deal closed last Thursday, the same day the appellate court ruling further delayed the project.

Trudeau told 630 CHED radio listeners Wednesday morning that the project would be “dead” if the federal government hadn’t stepped in, citing government’s higher tolerance for risk and the fact it does not need to turn a profit.

“There would be no Trans Mountain expansion if it was still a private proponent doing it,” he said. “So our decision to actually take on the project is the only thing that means that we can still move forward with this project.”

Trudeau’s comments drew criticism from Conservative natural resources critic Shannon Stubbs, MP for the eastern Alberta riding of Lakeland.

“It’s a very damaging message — for the prime minister to basically admit that the private sector can’t build pipelines in Canada,” she said.

She said the project is still stalled despite the government’s purchase.

“If the prime minister knew, as he should have, that there was this risk of this ruling … then why did he not have a concrete action plan that would be launched and announced immediately in the event of that ruling?”

On Wednesday, the head of Suncor Energy Inc. said the company won’t move ahead with additional crude oil production expansion until there’s physical progress on getting pipelines approved.

Chief executive Steve Williams told an investor conference in New York that recent judicial rulings on Trans Mountain and Keystone XL do not have any impacts on its ability to get its product to market in the short term.

However, the company won’t approve additional expansions in production next year and into 2020 until the fate of the pipelines is clear, he said.

The appellate court found the federal government fell short in assessing the pipeline expansion’s impacts on tanker traffic, as well as in its duty to consult First Nations before approving the project.

Martha Hall Findlay, a former Liberal MP who is now CEO of the Canada West Foundation, disagreed with Trudeau’s claim that the court decision would have killed a privately held project.

“We don’t feel that way,” she said. “Very much the thrust of our messaging on (the Trans Mountain expansion) … is that private or not, the decision actually has a lot of positives.”

Among other things, the court outlined specific steps that clarify the National Energy Board’s responsibilities, as well as the duty to consult Indigenous peoples, she said. Appealing the decision would likely take longer than fixing the problems the court identified, she added.

The federal government and proponents have “a much clearer way forward” on energy projects after the decision, Hall Findlay added, predicting the decision would “in fact help Canada’s investment climate.”

“The court went out of its way to talk about (how) what is needed should not actually take much more delay … there’s no question this court was very conscious about not saying that this project (is) a no-go.”

— With files from Clare Clancy and The Canadian Press </s> EDMONTON — Prime Minister Justin Trudeau will be in Edmonton today, where he’ll face questions about his government’s plans for the beleaguered Trans Mountain pipeline expansion.

The prime minister’s office says Trudeau will meet with Premier Rachel Notley this afternoon. A spokeswoman for Notley says the meeting will be about the pipeline, and that the premier hopes to discuss possible paths forward for the controversial project.

The Federal Court of Appeal last week reversed a cabinet decision to allow construction to go ahead, ruling there was not enough consultation with Indigenous people and that the National Energy Board didn’t properly consider the impact of an increase in oil tanker traffic.

After last week’s court decision, Notley announced she was pulling Alberta out of the federal climate plan until Ottawa gets the expansion back on track. She also demanded that Trudeau appeal the ruling to the Supreme Court of Canada and hold an emergency session of Parliament on the issue.

Trudeau has said Ottawa remains committed to getting the Trans Mountain pipeline expansion built.

The project would triple the bitumen-carrying capacity of the existing pipeline from the Edmonton area and Metro Vancouver.

Minutes after the court ruling was released on Friday, Kinder Morgan shareholders approved the sale of the existing pipeline and other assets to the federal government for $4.5 billion. The purchase closed on Friday, making the federal government wholly responsible for what happens next.

During his visit to the Alberta capital, Trudeau will also tour several facilities and a cultural society with Natural Resources Minister Amarjeet Sohi, who is an Edmonton MP. The prime minister will give a speech at a Liberal fundraising event in the evening. </s> The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned

The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

The court also concludes that the federal government failed in its duty to engage in meaningful consultations with First Nations before giving the green light to the project.

The decision came mere moments after Kinder Morgan shareholders voted overwhelmingly in favour of finalizing the sale of Trans Mountain to the Canadian government.

Prime Minister Justin Trudeau’s government approved the project in 2016 and is so determined to see the line built that it announced plans this spring to buy the pipeline and expansion project for $4.5 billion.

The court ruling requires the energy board to conduct a new review — which the court suggests could be kept short — and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall. They were supported by the province of British Columbia, which acted as an intervener.

Alberta was also an intervener and the province’s lawyer told the court Ottawa’s decision to approve the pipeline expansion was based on broad evidence that considered environmental, economic and Indigenous interests.

The expansion would triple the capacity of the Trans Mountain pipeline from near Edmonton to Burnaby, B.C., to 890,000 barrels a day. It would also increase the number of tankers in Burrard Inlet seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s impact on marine shipping. That, in turn, meant that the energy board did not assess the potential impact of increased tanker traffic on the southern resident killer whale population.

That failure “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The Indigenous applicants were entitled to a dialogue that demonstrated that Canada not only heard but also gave serious consideration to the specific and real concerns the Indigenous applicants put to Canada, gave serious consideration to proposed accommodation measures and explained how the concerns of the Indigenous applicants impacted Canada’s decision to approve the project.”

The Federal Court case was the most significant legal challenge facing the project and the decision may still be appealed to the Supreme Court of Canada.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

Kinder Morgan had already won several court victories, including one last week when the Supreme Court of Canada dismissed an application from the City of Burnaby to overturn a lower court decision.

The Federal Court of Appeal is expected to release a judgment today on whether the federal government adequately consulted First Nations on the contentious Trans Mountain pipeline expansion.

The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued the federal government did not adequately consult them before the energy board review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultation.

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall, supported by British Columbia, which was an intervener.

Alberta was also an intervener and the province’s lawyer told the court that Ottawa’s decision to approve the expansion was based on evidence that considered environmental, economic and Indigenous interests.

Kinder Morgan shareholders are also set to vote today on whether to approve the sale of the pipeline and expansion project to the Canadian government for $4.5 billion.

Related: Trans Mountain pipeline: How we got here

Related: TIMELINE: Key dates in the history of the Trans Mountain pipeline

Like us on Facebook and follow us on Twitter. </s> OTTAWA — The Trans Mountain pipeline expansion project would be "dead" if it were still in private hands,, Prime Minister Justin Trudeau said Wednesday.

The prime minister made the remark during an Edmonton radio interview on 630 CHED ahead of a meeting with Alberta Premier Rachel Notley.

"There would be no Trans Mountain expansion if it were still a private proponent doing it," he said, of the Court of Appeal ruling overturned the National Energy Board's approval of the contentious project. "So our decision to actually take on the project is the only thing that means we can still move forward with this project."

Trudeau told host Bruce Bowie that the federal government has a "greater tolerance for risk" — suggesting the project has a larger safety net now than if it were still owned by Kinder Morgan Canada.

While the federal government's goal is to get Alberta's oil resources to tidewater, Trudeau said it's not the federal government's objective to make a profit from the pipeline.

"Our process and our focus is on getting that pipeline built the right way so we can finally get our oil resources to markets other than the United States," he said.

He said it was it "ridiculous" that Canadian oil is still mostly flowing to the United States when there are new market opportunities in Asia.

"And that's why this project is in the national interest. That's why we're going to get it built." The prime minister did not offer an explanation for how the government will get the expansion project built."

A Federal Court of Appeal decision last week halted construction on the pipeline expansion. In a unanimous ruling, the court said the government had failed in its legal duty to consult Indigenous peoples; and NEB had unjustifiably excluded project-related tanker traffic in its environmental review.

That same day, Kinder Morgan Canada shareholders voted overwhelmingly in favour of selling the pipeline and the assets related to its expansion to the federal government.

Shortly after the decision, both Trudeau and Finance Minister Bill Morneau reaffirmed the government would need some time to review the ruling before it decides on its next steps.

In Ottawa, the House of Commons' natural resources committee held an emergency meeting Tuesday where Tory MP Shannon Stubbs tabled a motion to have two senior ministers answer questions this week about the government's handling of the pipeline expansion project.

Stubbs' motion was voted down by Liberal MPs who hold a majority on the committee.

The federal government could decide to re-do consultations with Indigenous peoples, appealing ruling to the Supreme Court of Canada, or drop the expansion project altogether.

But Trudeau told 630 CHED he views the court ruling as a roadmap to guide the government in getting the expansion project built.

When asked if Ottawa would invoke the notwithstanding clause to ensure the pipeline expansion gets built, Trudeau suggested it's not in his government's interest to use "tricks" because that kind of action sows unfavourable political and economic effects.

He explained "using a legislative trick may be satisfying in the short term, but it would set up fights and uncertainty for investors over the coming years on any other project."

The notwithstanding clause has been raised by some experts, including former Quebec Liberal leader Jean Charest, as a way the government could circumvent the Federal Court of Appeal's ruling. But that legislative route would be "problematic," according to a McGill law professor.

Evan Fox-Decent explained last week that the government's legal duty to consult Indigenous peoples is not enshrined in the Charter of Rights and Freedoms — it's anchored in section 35 of the Constitution Act.

The Charter allows two ways for governments to go around any limits it imposes: by invoking the limitations clause or notwithstanding cause. But because the duty to consult Indigenous peoples is not in the Charter, invoking the notwithstanding clause to sidestep the court would not make any sense.

"So it is far from clear where the federal government could acquire lawful legislative authority to avoid the duty to consult the FCA says it owes to First Nations," Fox-Decent said.

Following his radio interview, Trudeau told reporters at an event at the Northern Alberta Institute of Technology's Productivity and Innovation Centre that he understands the frustration the province's oil workers may be feeling towards his government.

"We would like to see shovels in the ground as quickly as possible," he said. </s> The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned

The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

The court also concludes that the federal government failed in its duty to engage in meaningful consultations with First Nations before giving the green light to the project.

The decision came less than an hour before Kinder Morgan shareholders voted overwhelmingly in favour of finalizing the sale of Trans Mountain to the Canadian government.

Prime Minister Justin Trudeau’s government approved the project in 2016 and is so determined to see the line built that it announced plans this spring to buy the pipeline and expansion project for $4.5 billion.

The court ruling requires the energy board to conduct a new review — which the court suggests could be kept short — and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall. They were supported by the province of British Columbia, which acted as an intervener.

Alberta was also an intervener and the province’s lawyer told the court Ottawa’s decision to approve the pipeline expansion was based on broad evidence that considered environmental, economic and Indigenous interests.

The expansion would triple the capacity of the Trans Mountain pipeline from near Edmonton to Burnaby, B.C., to 890,000 barrels a day. It would also increase the number of tankers in Burrard Inlet seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s impact on marine shipping. That, in turn, meant that the energy board did not assess the potential impact of increased tanker traffic on the southern resident killer whale population.

That failure “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The Indigenous applicants were entitled to a dialogue that demonstrated that Canada not only heard but also gave serious consideration to the specific and real concerns the Indigenous applicants put to Canada, gave serious consideration to proposed accommodation measures and explained how the concerns of the Indigenous applicants impacted Canada’s decision to approve the project.”

The Federal Court case was the most significant legal challenge facing the project and the decision may still be appealed to the Supreme Court of Canada.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

Kinder Morgan had already won several court victories, including one last week when the Supreme Court of Canada dismissed an application from the City of Burnaby to overturn a lower court decision.

The Federal Court of Appeal is expected to release a judgment today on whether the federal government adequately consulted First Nations on the contentious Trans Mountain pipeline expansion.

The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued the federal government did not adequately consult them before the energy board review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultation.

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall, supported by British Columbia, which was an intervener.

Alberta was also an intervener and the province’s lawyer told the court that Ottawa’s decision to approve the expansion was based on evidence that considered environmental, economic and Indigenous interests.

Kinder Morgan shareholders are also set to vote today on whether to approve the sale of the pipeline and expansion project to the Canadian government for $4.5 billion.

Related: Trans Mountain pipeline: How we got here

Related: TIMELINE: Key dates in the history of the Trans Mountain pipeline

Like us on Facebook and follow us on Twitter. </s> VANCOUVER—The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

The court also concludes that the federal government failed in its duty to engage in meaningful consultations with First Nations before giving the green light to the project.

Prime Minister Justin Trudeau’s government approved the project in 2016 and is so determined to see the line built that it announced plans this spring to buy the pipeline and expansion project for $4.5 billion.

The court ruling requires the energy board to conduct a new review—which the court suggests could be kept short—and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall. They were supported by the province of British Columbia, which acted as an intervener.

Alberta was also an intervener and the province’s lawyer told the court Ottawa’s decision to approve the pipeline expansion was based on broad evidence that considered environmental, economic and Indigenous interests.

The expansion would triple the capacity of the Trans Mountain pipeline from near Edmonton to Burnaby, B.C., to 890,000 barrels a day. It would also increase the number of tankers in Burrard Inlet seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s impact on marine shipping. That, in turn, meant that the energy board did not assess the potential impact of increased tanker traffic on the southern resident killer whale population.

That failure “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The Indigenous applicants were entitled to a dialogue that demonstrated that Canada not only heard but also gave serious consideration to the specific and real concerns the Indigenous applicants put to Canada, gave serious consideration to proposed accommodation measures and explained how the concerns of the Indigenous applicants impacted Canada’s decision to approve the project.”

The Federal Court case was the most significant legal challenge facing the project and the decision may still be appealed to the Supreme Court of Canada.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

Kinder Morgan had already won several court victories, including one last week when the Supreme Court of Canada dismissed an application from the City of Burnaby to overturn a lower court decision. </s> VANCOUVER — The Federal Court of Appeal has overturned the Trudeau government’s approval of the contentious Trans Mountain pipeline expansion.

In a unanimous decision by a panel of three judges, the court says the National Energy Board’s review of the project was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

The court also concludes that the federal government failed in its duty to engage in meaningful consultations with First Nations before giving the green light to the project.

Prime Minister Justin Trudeau’s government approved the project in 2016 and is so determined to see the line built that it announced plans this spring to buy the pipeline and expansion project for $4.5 billion.

The court ruling requires the energy board to conduct a new review — which the court suggests could be kept short — and means the government will have to redo part of its consultations with Indigenous groups.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review of Kinder Morgan Canada’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued that Ottawa did not adequately consult them before the review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultations.

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall. They were supported by the province of British Columbia, which acted as an intervener.

Alberta was also an intervener and the province’s lawyer told the court Ottawa’s decision to approve the pipeline expansion was based on broad evidence that considered environmental, economic and Indigenous interests.

The expansion would triple the capacity of the Trans Mountain pipeline from near Edmonton to Burnaby, B.C., to 890,000 barrels a day. It would also increase the number of tankers in Burrard Inlet seven-fold.

The court ruled that the review contained one fatal flaw: it excluded the project’s impact on marine shipping. That, in turn, meant that the energy board did not assess the potential impact of increased tanker traffic on the southern resident killer whale population.

That failure “was so critical that the Governor in Council could not functionally make the kind of assessment of the project’s environmental effects and the public interest that the (environmental assessment) legislation requires,” says the ruling written by Justice Eleanor Dawson.

As for consultations with Indigenous communities, the court found that the government’s representatives “limited their mandate to listening to and recording the concerns of the Indigenous applicants and then transmitting those concerns to the decision-makers.” There was no “meaningful two-way dialogue.”

“The Indigenous applicants were entitled to a dialogue that demonstrated that Canada not only heard but also gave serious consideration to the specific and real concerns the Indigenous applicants put to Canada, gave serious consideration to proposed accommodation measures and explained how the concerns of the Indigenous applicants impacted Canada’s decision to approve the project.”

The Federal Court case was the most significant legal challenge facing the project and the decision may still be appealed to the Supreme Court of Canada.

Representatives from the Squamish and Tsleil-Waututh along with other First Nations spokespeople were expected to comment on the ruling at a media event.

Kinder Morgan had already won several court victories, including one last week when the Supreme Court of Canada dismissed an application from the City of Burnaby to overturn a lower court decision.
• Trudeau dogged by pipeline protesters as he visits B.C. forestry centre </s> VANCOUVER – The Federal Court of Appeal has quashed Ottawa’s approval of the contentious Trans Mountain pipeline expansion.

READ MORE: Cost to twin Trans Mountain pipeline now $1.9B higher, Kinder Morgan says

The decision means the National Energy Board will have to redo its review of Kinder Morgan Canada’s project.

In a written decision, the court says the energy board’s review was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

The court also concludes that the federal government failed in its duty to engage in meaningful consultations with First Nations before giving the green light to the project.

That decision means the government will have to redo part of its consultations with Indigenous groups.

READ MORE: ‘I’ve lived my 70 years abiding by the law’: B.C. grandma jailed for Trans Mountain protest

Prime Minister Justin Trudeau’s government approved Trans Mountain in 2016 and was so determined to see it built that it announced plans this spring to buy the pipeline and expansion project for $4.5 billion.

The court combined into one case nearly two dozen lawsuits calling for the energy board’s review to be overturned.

The expansion would triple the capacity of the Trans Mountain pipeline that carries oil from near Edmonton to Metro Vancouver for overseas shipping.

Kinder Morgan shareholders are to vote later today on whether to approve the sale to Canada. </s> Prime minister says government will get Trans Mountain project built ‘in the right way’

Justin Trudeau says his government remains committed to getting the Trans Mountain pipeline expansion built and its national climate-change plan — both of which were put in jeopardy by a court ruling that overturned federal approval for the project.

The prime minister says the government will move forward to get the project built “in the right way” by acknowledging the court’s criticism of the flawed environmental review process and the failure to meaningfully consult with Indigenous Peoples.

Thursday’s court ruling prompted Alberta Premier Rachel Notley to announce that her province is withdrawing from the national climate change plan and will stay out until the federal government gets its act together, as she put it.

While he’d prefer to work collaboratively with provinces on climate change, Trudeau says Notley’s move doesn’t change anything for the federal government.

READ MORE: B.C. First Nations hail court’s quash of Kinder Morgan pipeline approval

He says the federal government remains committed to imposing a carbon price on provinces that do not implement their own polluter-pay scheme — including Alberta if need be.

But he says Alberta’s own climate change plan remains in place, which means its carbon pricing regime will be in sync with the federal government’s for the next few years.

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Canadian Prime Minister Justin Trudeau reaffirms his support for the Trans Mountain expansion project after the Federal Court of Appeal rules suspension of the project.