The End of the Long and Winding Road? The Federal Court of Appeal Upholds the Trans Mountain Pipeline Expansion Project

On February 7, 2020, the Federal Court of Appeal (the “FCA”) upheld the approval of the proposed Trans Mountain Pipeline Expansion Project (the “Project”) in its decision in Coldwater First Nation v Canada (Attorney General).  The FCA’s decision follows the FCA’s previous decision in Tsleil-Waututh Nation v Canada (Attorney General), (“Tsleil-Waututh Nation”) in which the FCA quashed the approval of the Project and remitted the matter back to the Governor in Council for redetermination.

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