Quote:
Originally Posted by Oling_Roachinen
I would argue second loss.
Northern Gateway was quashed by the FCA in 2016 for failure to have meaningful two-way consultation. I'll never understand why they thought the same #### would be okay for Trans Mountain.
"Hmm, we didn't meet the constitutional requirement for meaningful two-way consultation last time. Let's do the exact same thing on this one!"
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Back to my previous post, what makes this decision so robust is it basically takes into account all previous Canadian case law, plus an enhanced framework for consultation that was put in place by the Federal Court of Appeals to guide the Crown through these types of constitutional negotiations.
The federal government passed with flying colours. I am also not really sure what question the Indigenous communities will be appealing to the Supreme Court.