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"If unchallenged it could change the way consultation and consultation cases happen in Canada, making it less meaningful for protecting our inherent, constitutionally protected Aboriginal rights," said Tsleil-Waututh chief @GWLeah #TransMountain #cdnpoli https://www.cbc.ca/news/indigenous/trans-mountain-tmx-first-nations-supreme-court-1.5525266
Squamish, Tsleil-Waututh,
Ts'elxwéyeqw Tribes (a collective of Sto:lo bands) and Coldwater Indian Band have each filed applications to the country's highest court, looking to challenge the Federal Court of Appeal's decision to dismiss their appeals in February. #TransMountain
Ts'elxwéyeqw Tribes (a collective of Sto:lo bands) and Coldwater Indian Band have each filed applications to the country's highest court, looking to challenge the Federal Court of Appeal's decision to dismiss their appeals in February. #TransMountain
George-Wilson explained that, compared to the earlier Federal Court of Appeal decision that quashed the first approval of the #TransMountain expansion project, the second Federal Court of Appeal case applied a new Supreme Court of Canada decision in its analysis.
The Vavilov case was about two Canadian-born men fighting to keep their Canadian citizenship despite being born to Russian spies. Beyond affirming the men's Canadian citizenship, the decision also introduced new case law around standards of review
If allowed to proceed to the SCC, the Squamish application states, "This case will allow the court to squarely address the application of the reasonableness standard discussed in Vavilov to decisions engaging the Crown's unique constitutional obligations to Aboriginal peoples."
