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Farris LLP: Vancouver's Law Firm

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13 January 2016

Farris Lawyers Lead First Successful Court Challenge of the Northern Gateway Pipeline

On behalf of Coastal First Nations and Gitga’at First Nation, Farris lawyers Joseph Arvay, Q.C., Catherine Boies Parker and Tim Dickson have successfully challenged the “Equivalency Agreement” the Province signed with the National Energy Board, by which the Province gave up its environmental assessment decision-making powers over the proposed Northern Gateway Pipeline. The court set aside that aspect of the agreement, finding that the Province lacked the statutory authority not to make an environmental assessment decision and that it violated its duty to consult and accommodate affected First Nations. The result of the ruling is that the Province – which strongly opposed the federal government’s approval of the pipeline – now has the opportunity and responsibility to make an environmental assessment decision regarding the Northern Gateway Pipeline.

The decision can be found here.

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