Spy Agency says federal Trans Mountain pipeline purchase seen as ‘Betrayal’ by many opponents

An Indigenous man raises his drum above his head as he and others are silhouetted while singing during a protest against the Kinder Morgan Trans Mountain Pipeline expansion in Vancouver on Tuesday May 29, 2018. (CANADIAN PRESS)

Canada’s spy agency says many members of the environmental and Indigenous communities see the federal purchase of the Trans Mountain pipeline as a betrayal, and suggests that could intensify opposition to expanding the project.

A Canadian Security Intelligence Service assessment highlights a renewed sense of indignation among protesters and clearly indicates the spy service’s ongoing interest in anti-petroleum activism.

The Canadian Press used the Access to Information Act to obtain a heavily censored copy of the June CSIS brief, originally classified top secret.

Civil liberties and environmental activists questioned the rationale for CSIS’s interest, given that opposition to the pipeline project has been peaceful.

CSIS spokeswoman Tahera Mufti stressed the spy service is committed to following the governing legislation that forbids it to probe lawful protest and dissent.

“While we cannot publicly disclose our investigative interests, we can say that it is important for the service to pose important analytical questions on these types of issues, such as the question of whether developments such as the purchase of a pipeline could give rise to a national-security threat to Canada’s critical infrastructure.”

Earlier this year, Kinder Morgan dropped plans to twin an existing pipeline that carries about 300,000 barrels of bitumen daily from Alberta to British Columbia. The federal government announced in late May it would buy the pipeline and related components for $4.5 billion.

The government intends to finance and manage construction of the second pipeline — which would increase the overall flow of bitumen to 890,000 barrels a day — and ultimately try to find a buyer.

The CSIS brief characterizes resistance to the pipeline project as a “developing intelligence issue.”

“Indigenous and non-Indigenous opponents of the project continue to highlight the increasing threats to the planet as a result of climate change and the incompatibility of new pipeline and oil sands projects with Canada’s 2015 commitment under the Paris Climate Accord,” the brief says. “At the same time, many within the broader Indigenous community view the federal government’s purchase and possible financing, construction and operation of an expanded bitumen pipeline as wholly incompatible with its attempts at Crown-Indigenous reconciliation.”

The pipeline acquisition and commitment to complete the project is therefore “viewed as a betrayal” by many within both the environmental and Indigenous communities, CSIS says.

“Indigenous opposition at the grassroots level remains strong. In response to the federal purchase, numerous Indigenous and environmental organizations have restated their commitment to prevent construction.”

The brief singles out the Treaty Alliance Against Tar Sands Expansion, noting it has signatories from over 50 North American First Nations in its bid to halt the project. It also features a May quote from Canadian environmental organization Stand.earth that the decision “will haunt the Trudeau government.”

The intelligence brief was completed a little more than two months before the Federal Court of Appeal quashed government approval of the pipeline project due to inadequate consultation with Indigenous groups and failure to properly assess the effect of increased tanker traffic in the waters off British Columbia.

In the wake of the court ruling, the federal government ordered the National Energy Board to reassess the tanker issue and asked a former Supreme Court justice to oversee fresh consultations with Indigenous communities.

The CSIS brief notes there had been “no acts of serious violence” stemming from peaceful demonstrations and blockades at Trans Mountain facilities in British Columbia that resulted in the arrest of more than 200 people, or at smaller protests across the country.

However, the document includes a section titled “Violent Confrontations and Resource Development” that mentions past conflicts over shale-gas development in New Brunswick and a high-profile pipeline in North Dakota.

It is unclear, because of the redactions to the document, exactly what CSIS was looking at, said Josh Paterson, executive director of the British Columbia Civil Liberties Association, which has expressed strong concern about the spy service’s monitoring of activists.

In the information that has been released, there is no suggestion of a threat to national security or critical infrastructure, of clandestine activities or of violence in relation to the Trans Mountain project, Paterson said.

“While some opponents of the pipeline were arrested during protest for breaching a court order, that was a matter for police and the courts, and was done out in the open — it should not be a matter for our spy agency.”

Given past interest on the part of security and police officials, the CSIS brief is not surprising, said Tegan Hansen, a spokeswoman for Protect the Inlet, an Indigenous-led effort against the pipeline and tanker project.

But she is curious as to why the spy service document makes reference to sabotage and violent physical confrontations.

“I’m not sure why they’re trying to draw that connection with violence,” Hansen said. “I’d be interested to know. But it’s certainly not our intention to ever pursue violence.”

The Canadian Press, Nov 6. 2018

[SOURCE]

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Trans Mountain pipeline approval quashed by Federal Court of Appeal


Kinder Morgan shareholders approve the sale of the project to Ottawa with 99% support less than an hour after the ruling

The Federal Court of Appeal dealt the Trans Mountain expansion project a major setback Thursday, ruling the government of Canada had not fulfilled its duty to consult with First Nations on the pipeline from Alberta to British Columbia.

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.

The judge wrote that “the consultation framework selected by Canada was reasonable and sufficient. If Canada properly executed it, Canada would have discharged its duty to consult.”

“However, based on the totality of the evidence I conclude that Canada failed in Phase III to engage, dialogue meaningfully and grapple with the concerns expressed to it in good faith by the Indigenous applicants so as to explore possible accommodation of these concerns,” the ruling states.

The Trans Mountain expansion would add shipments of 590,000 barrels of oil per day from Alberta to British Columbia by twinning an existing pipeline at an expected cost of $7.4 billion.

Kinder Morgan shareholders approved the sale of the pipeline with more than 99 per cent support Thursday, less than an hour after the federal government learned the pipeline construction permits had been quashed.

“No matter who owns this pipeline and tanker project, it will be stopped,” president of the Union of B.C. Indian Chiefs and Grand Chief Stewart Phillip said in a release.

“Kinder Morgan executives recognized Justin Trudeau’s desperation to placate the oil lobby and are exiting the project with massive profits on the backs of Canadian taxpayers,” he said.

The Federal Court decision will effectively compel the NEB to repeat the third phase of its consultation process, which it carried out between February and November, 2016.

The NEB has not taken marine traffic implications into account in its prior decisions.

The regulator had argued that “since marine shipping was beyond its regulatory authority, it did not have the ability to impose specific mitigation conditions to address environmental effects” of increased marine traffic.

In recent years the NEB has been hobbled by broader questions about what should be the scope of its approval process. Last year, TransCanada Corp. halted its Energy East project after the NEB unexpectedly announced it would include downstream emissions in its environmental review of the pipeline.

Source: Financialpost.com

Failure to find buyer makes Federal government sole owner of Trans Mountain pipeline

Kinder Morgan sold the Trans Mountain Pipeline to the Government of Canada.

The federal government is set to become the official owner of the Trans Mountain pipeline expansion after failing to quickly flip the project to another private-sector buyer.

Pipeline owner Kinder Morgan had been working with the government to identify another buyer before July 22.

But with that date set to pass without a deal, it was expected the pipeline company will now take Ottawa’s $4.5-billion offer to purchase the project to its shareholders.

The government had previously indicated that there were numerous groups interested in purchasing the controversial project, including pension funds and Indigenous groups.

Finance Minister Bill Morneau’s spokesman, Daniel Lauzon, said Ottawa still intends to sell the pipeline, if and when a suitable partner is identified and it’s in the best interests of Canadians.

“We have no interest in being a long-term owner of a pipeline, but we will be the temporary caretaker,” Lauzon told The Canadian Press on Sunday. “We won’t rush that.”

News of the failure to find another partner by July 22 came one day after protesters opposed to the Trans Mountain expansion took to Parliament Hill in hazardous-materials suits and carrying a fake pipeline.

It was the latest in a string of such rallies by environmental and Indigenous groups, which also included the erection of a similar cardboard pipeline outside the Canadian High Commission in London in April.

Lauzon on Sunday defended the decision to purchase the pipeline, saying the project, whose aim is to get Canadian oil to Asian markets, remains in the national interest.

The Trans Mountain expansion will build a new pipeline roughly parallel to the existing, 1,150-km line that carries refined and unrefined oil products from the Edmonton area to Burnaby, B.C.

It will nearly triple the line’s capacity to 890,000 barrels a day. Trans Mountain is the only pipeline carrying Alberta crude to the West Coast and the hope is that most of the oil will end up in tankers bound for Asia.

Ottawa approved the expansion project in November 2016 and British Columbia’s then-Liberal government followed suit two months later.

But four months after that, the provincial Liberals were replaced by the NDP under John Horgan, who has a coalition of sorts with the Green party that includes an agreement to oppose the expansion in every way possible.

The federal government has said its hand was forced by Horgan, who has gone to court for judicial approval to regulate what can flow through the pipeline — a measure of opposition that made Kinder Morgan Canada, the project’s original owner, too nervous to continue.

The company halted all non-essential spending on the pipeline expansion in April pending reassurances from Ottawa that the project would come to fruition.

The federal government had said Canada would cover any cost overruns caused by B.C.’s actions, but in the end that wasn’t enough.

Following the government’s announcement that it planned to purchase the pipeline, Kinder Morgan agreed to start construction this summer as planned.

Lee Berthiaume, The Canadian Press

[SOURCE]

Indigenous pipeline protesters take over B.C. park, displace campers

An Indigenous group calling itself the Tiny House Warriors has moved into the North Thompson River Provincial Park near Clearwater, B.C., in an effort to block the Trans Mountain pipeline expansion.

Group spokeswoman Kanahus Manuel says they are reclaiming an ancestral village their people were forced from many years ago, while at the same trying to prevent the expansion of the pipeline through their traditional territory.

Manuel says they have moved into the site and will be building tiny houses on the land in an action that has the approval of the hereditary chiefs of the Secwepemc First Nation.

She says Indigenous land defenders within the group will resist the construction of the pipeline through their territory.

A statement from the provincial Ministry of Environment says B.C. Parks is maintaining the closure of the area while efforts are made to respectfully resolve the situation and it is offering refunds to those who have booked campsites.

The ministry says it recognizes the right to engage in peaceful protest; however, it also recognizes that people, who simply want a camping experience are being inconvenienced.

Manuel responded by saying her people have been inconvenienced by colonialism for over 150 years.

“We were moved off of our lands. There are internationally protected rights which (say) Indigenous people can use and exclusively occupy their lands to maintain our culture, our language and our ways.”

She said no one from the provincial government has come to speak with them since the group cut off access to the main road into the camp.

Many of the locals support their action, she said, because they don’t want the pipeline expansion either.

Although some people have been shouting racist slogans from the vehicles, she added.

“We’ve had a few drive-by shoutings.”

The Canadian Press

[SOURCE]

Liberal government to buy Kinder Morgan’s Trans Mountain pipeline for $4.5 billion

Finance Minister Bill Morneau arrives at the National Press Theatre in Ottawa on Tuesday, May 29, 2018.

The Federal Liberal government is spending $4.5 billion to buy the Trans Mountain pipeline from Kinder Morgan.

The deal includes all of Kinder Morgan Canada’s core assets. The purchase ensures that the Trans Mountain pipeline, which carries oil from Alberta to the west coast of British Columbia will begin a planned expansion this summer.

According to CBC News, Finance Minister Bill Morneau announced details of the agreement reached with Kinder Morgan at a news conference with Natural Resources Minister Jim Carr this morning.

Morneau said the project is in the national interest, and proceeding with it will preserve jobs, reassure investors and get resources to world markets. He could not say exactly what additional costs will be incurred by the Canadian public to build the expansion, but suggested a toll paid by oil companies could offset some costs and that there would be a financial return on the investment.

The purchase price does not include the construction costs of the Trans Mountain expansion so the final bill to Canadian taxpayers will be significantly higher once labour and materials are included.

Kinder Morgan had estimated the cost of building the expansion would be $7.4 billion, but Morneau insisted that the project will not have a fiscal impact, or “hit.”

Alberta will also provide emergency funding to cover unforeseen costs.

The government does not intend to be a long-term owner, and at the appropriate time, the government will work with investors to transfer the project and related assets to a new owner or owners.

However, Kinder Morgan will be paid regardless of whether a new suitor is found.

Until then, the pipeline project will proceed under the ownership of a Crown corporation.

The agreement, which must still be approved by Kinder Morgan’s shareholders, is expected to close in August.

Crude oil spill confirmed at Kinder Morgan facility north of Kamloops

The Darfield pump station is about 80 kilometres north of Kamloops, B.C.

100 litres of crude oil leaked at Trans Mountain site in Darfield 

A B.C. Ministry of Environment spokesman confirmed 100 litres of oil was spilled at Kinder Morgan’s Trans Mountain pipeline Darfield facility, just north of Kamloops on Sunday morning.

The oil leaked from a flow metre and was reported to authorities just before 5 a.m.

According to media reports the spill did not leak into any waterways and was completely contained within Trans Mountain’s facility. The leaked product was a medium crude blend.

As a precaution, the main Trans Mountain Pipeline was shut down after the spill.

Trans Mountain officials said following inspections, the pipeline was restarted at about 3:20 p.m.

Neighbours and other stakeholders were notified about the incident.

The spill comes just days before Kinder Morgan’s self-imposed May 31 deadline that would see the Calgary-based company potentially walk away from the project unless the company is given political certainty allowing it to proceed.

Darfield, is a rural community along B.C.’s North Thompson River that’s about 80 kilometres north of Kamloops.

Kinder Morgan Warns of ‘Significant’ Delay After Court Urged to Consider Release of Trudeau Government Secrets

Prime Minister Justin Trudeau arrives at the House of Commons in Ottawa on April 25, 2018 for the daily question period. Photo by Alex Tétreault

This article was originally published by National Observer

A lawyer for energy giant Kinder Morgan is warning that its Trans Mountain expansion project is facing “significant and unwarranted delay” following an unexpected legal letter filed Thursday in the wake of dramatic revelations reported by National Observer about the project’s approval by the Trudeau government.

Maureen Killoran, a Canadian lawyer for the Texas-based company, drafted the warning in a letter filed Friday with the Federal Court of Appeal in response to a request filed on Thursday by the Tsleil-Waututh Nation in B.C..

The Tsleil-Waututh Nation is challenging Prime Minister Justin Trudeau’s approval of the Kinder Morgan project at the Federal Court of Appeal, arguing that the government failed in its legal duty to consult First Nations prior to making its decision. In a letter sent to the court on Thursday, Scott Smith, a lawyer representing the Tsleil-Waututh Nation (TWN), wrote that two recent reports by National Observer confirm allegations it had previously raised that Trudeau’s government acted in “bad faith” and is withholding documents that show what happened during its internal review.

As a result, Smith sent a letter to the court, giving notice that it intended to introduce a motion to compel the Trudeau government to cough up its secret records about the review of the pipeline project.

“It is TWN’s position that such new evidence of bad faith and dishonorable conduct by Canada… would be directly relevant to the Court’s consideration of whether Canada discharged its duty to consult TWN,” Smith wrote in a letter to the court dated April 26.

The request from Smith is unusual, given that the case had already been heard last fall with a decision expected by the court this spring. But Smith argued in his letter that there was a legal precedent for the court to address the new allegations raised in reports from National Observer.

In his submission, Smith cited a report published by National Observer on April 18 that revealed federal officials sped up their timeline for the review of the Trans Mountain project following a phone call from Kinder Morgan Canada’s president Ian Anderson. He also cited a report published by National Observer on April 24 that quoted public servants who said they were instructed to find a way to approve the project during an internal meeting

“In short, it would appear that this evidence, which was not disclosed and in regard to which TWN had no prior knowledge, corroborates TWN’s allegation and suggest, in the words of the relevant media coverage, that internal federal government employees were instructed ‘at least one month before the pipeline was approved, to give cabinet a legally-sound basis to say ‘yes’ to Trans Mountain… at a time when the government claimed it was still consulting in good faith with First Nations and had not yet come to a final decision on the pipeline,” Smith wrote.

The court responded to Smith’s letter promptly, asking the federal government and other stakeholders to provide their responses to the request by the end of the day on Friday.

In her response, Killoran said it was too late.

“Based on information contained in two articles published in the National Observer, TWN now seeks to gather additional evidence more than six months following the close of submissions,” she wrote. “The relief sought by TWN will introduce significant and unwarranted delay.”

Killoran also noted that the Tsleil-Waututh Nation had previously requested the release of documents through a motion that was rejected by the court in June 2017 “because (among other things) it was not persuaded that Canada withheld any information that was required to be produced. The Court also noted that TWN had an opportunity to test Canada’s document production, and/or seek additional documents, on cross examination.

“Finally, there are no exceptional circumstances that justify reopening the evidentiary record for the consolidated proceedings,” Killoran wrote. “On the contrary, it is highly unlikely that the motion will uncover additional producible evidence; even if such evidence exists (which is denied), it has no influence on the outcome of this case.”

Justice Department proposes two-week process to handle Tsleil-Waututh motion

The federal government responded at the end of the day with a statement that didn’t address any of the allegations raised in the National Observer reports directly. It also proposed a two-week process to deal with the motion and responses from the affected parties.

“Canada takes no position on whether TWN ought to be permitted to bring this motion at this late date, over six months after the hearing of these proceedings has concluded,” wrote Jan Brongers, senior general counsel from the B.C. regional office of the federal government’s Justice Department.

“That said, on the basis of the description of the proposed motion set out in the TWN Letter, Canada does not agree that it is the type of ‘urgent motion, such as requests for emergency injunctive relief’ that the Court contemplated would be governed by… the Procedural Order. Rather, the motion appears to constitute a further attempt by TWN to seek supplemental evidence.”

Brongers letter also echoed concerns raised by Kinder Morgan that the motion could lead to more delays.

“Canada notes that TWN’s proposed motion has the potential to delay adjudication of the consolidated proceedings, which, as noted above, have already been under reserve for a considerable time,” Brongers wrote. “Accordingly, Canada submits that if TWN is permitted to bring this motion at this late date, it ought to be filed and served forthwith.”

April 27th 2018

[SOURCE]

Justin Trudeau to Pressure British Columbia to Accept Trans Mountain Pipeline

Canada's Prime Minister Justin Trudeau | Reuters

Canada’s Prime Minister Justin Trudeau | Reuters

Prime Minister Justin Trudeau is set to pile pressure on British Columbia’s provincial government to drop its resistance to a pipeline project, but will try to avoid tougher measures that might alienate voters who helped his Liberals win power, a source close to the matter said on Wednesday.

Trudeau is racing against time. Kinder Morgan Canada said it would scrap the C$7.4 billion ($5.9 billion) Trans Mountain pipeline expansion from Alberta to the west coast unless all legal and jurisdictional challenges facing the project are resolved by May 31.

The pipeline, which Canada’s oil industry considers crucial, is opposed by British Columbia’s left-leaning New Democratic provincial government. Environmentalists and aboriginal activists are mounting frequent protests and British Columbia police have arrested about 200 people around Trans Mountain facilities since mid-March.

Trudeau’s Liberals picked up seats in the province in the last election, but the federal NDP – which opposes the pipeline – remains a force there.

This could make Trudeau’s federal government cautious as it is locked in a rare standoff with a provincial counterpart. British Columbia opposes the expansion, citing fears that the risk of a spill in the Pacific province is too great.

Ottawa insists it has jurisdiction over the project and Trudeau is under huge pressure to crack down. For now, he will press the provincial government, pointing to polls showing most Canadians want the expansion to go ahead.

“We need to take actions that are focused on the government of British Columbia,” said the source, who requested anonymity given the sensitivity of the situation. Trudeau will hold more talks with the province as well as Kinder Morgan Canada, the source added.

Trudeau must be careful because British Columbia voters and environmentalists gave him strong support that helped bring him to power in 2015. A crackdown could cost him support in both camps ahead of a federal election set for October 2019.

Although Ottawa says it is exploring all regulatory, legal and financial alternatives, the source conceded “there aren’t an awful lot of options for the prime minister.”

Federal Finance Minister Bill Morneau discussed the matter with Alberta Premier Rachel Notley in Toronto on Wednesday and told reporters that Ottawa had yet to make a final decision.

“We are working, using all the tools at our disposal, to make sure we move forward in short order to absolutely ensure this project goes forward,” he said, without giving details. “We have to ensure the rule of law in this country works.”

Some pipeline supporters have urged Trudeau to declare a national emergency to push through the pipeline, but the source said that idea is “preposterous.”

Also off the table for now are calls from opposition members to reduce the payments Ottawa sends to British Columbia to help fund social programs.

“Are they actually suggesting we cut … health and social transfers to hard-working British Columbians?” said the source.

Ottawa and Alberta have talked about investing in the project, though it was unclear how that would lessen British Columbia’s opposition.

Some commentators suggest provincial and federal governments underwrite the project by providing insurance, essentially leaving them on the hook if the company decides to walk away.

If pipeline supporters view Trudeau as too soft, they could accuse him of not doing enough to prevent a constitutional crisis and of abandoning the energy industry in Alberta, where the Liberals also picked up extra seats in 2015.

“I don’t think it’s a win for him in British Columbia or Alberta under any circumstances,” said pollster Nik Nanos of Nanos Research. “The problem is that is this open warfare on principle.”

By David Ljunggren and Julie Gordon (Reuters)

[SOURCE]

Kinder Morgan suspends work on Trans Mountain pipeline amid B.C. opposition

A man holds a sign while listening as other protesters opposed to the Kinder Morgan Trans Mountain pipeline extension defy a court order and block an entrance to the company’s property, in Burnaby, B.C., on Saturday April 7, 2018. CP/Darryl Dyck

Kinder Morgan says it is suspending all non-essential activities and related spending on the Trans Mountain pipeline expansion project.

The company says its decision is based on the British Columbia government’s opposition to the project, which has been the focus of sustained protests at its marine terminal in Burnaby, B.C.

Kinder Morgan says it will consult with “various stakeholders” to try and reach an agreement by May 31 that might allow the project to proceed.

The company’s decision will be seen as a blow Prime Minister Justin Trudeau, who has insisted that the pipeline would be built, despite the angry protests and the B.C. government’s continued battle against the project in the courts.

The expansion, which would triple the amount of oil flowing from Alberta to Burnaby, was approved by the federal government in 2016.

Kinder Morgan says it will make a decision about the project’s future based on whether it can get “clarity” on its ability to do construction in B.C. and protect its shareholders.

“As KML has repeatedly stated, we will be judicious in our use of shareholder funds. In keeping with that commitment, we have determined that in the current environment, we will not put KML shareholders at risk on the remaining project spend,” Steve Kean, the company’s chairman and chief executive officer, said in a statement.

“A company cannot resolve differences between governments. While we have succeeded in all legal challenges to date, a company cannot litigate its way to an in-service pipeline amidst jurisdictional differences between governments.”

Kean said the uncertainty around the company’s ability to finish the project “leads us to the conclusion that we should protect the value that KML has, rather than risking billions of dollars on an outcome that is outside of our control.”

About 200 people have been arrested near Kinder Morgan’s marine terminal in Burnaby, B.C., during recent protests.

By: The Canadian Press

[SOURCE]

B.C. Premier Predicts ‘Crisis’ from Anti-Pipeline Protests on Burnaby Mountain

B.C. Premier John Horgan speaks at a Burnaby Board of Trade breakfast event Wednesday morning.

Premier says it’s going to be a long, hot summer of protests on Burnaby Mountain

B.C. Premier John Horgan is predicting a “crisis” over protests against the expansion of Kinder Morgan’s Trans-Mountain pipeline in Burnaby .

According to Burnaby Now, Horgan told reporters Wednesday at a stop in Coquitlam, that the National Energy Board and the federal governments should be accountable for the escalating tensions around the Kinder Morgan’s pipeline expansion project, calling the resistance an “extraordinary circumstance,” and a crisis.

“It’s going to be a long, hot summer,” said Mr. Horgan, about the situation at an unrelated news conference.

Trans-Mountain pipeline operations have been targeted by protesters concerned about the prospect of a tripling of the amount of diluted bitumen from Alberta to Burnaby’s port for shipment overseas.

News1130.com reports, with Burnaby Mayor Derek Corrigan promising not to pay policing costs associated with the protests, Horgan was asked about whether that’s acceptable.

“The National Energy Board and the federal government have to have some accountability. I believe that British Columbia, on behalf of the province, is doing its due diligence through two court applications.”

RELATED:

Burnaby is policed by the RCMP, which operates in agreement with the municipality.

“With respect to the expansion of the Trans Mountain pipeline, this is not a threat by me, this is self evident by the number of people that are collecting on Burnaby Mountain everyday to express their disappointment with the federal government’s decision to proceed.”

Horgan says the federal government is to blame as well as the NEB.

According to The Globe and Mail, in a statement, a spokesperson for the Trans Mountain project said the initiative is under federal jurisdiction and has approvals from the NEB and federal government. But Ali Hounsell also noted that the courts have ruled in Trans Mountain’s favour in 14 of 14 cases related to the project.

“We support peaceful, lawful demonstrations of views, and trust that the Premier of British Columbia does as well. There are many ways to express opinions in a safe and lawful manner,” Ms. Hounsell said.

 A court injunction bars activists from getting within five metres of Trans Mountain’s two terminal sites on Burnaby Mountain.

Dan Wallace, of the Kwakwaka’wakw First Nation on Quadra Island, is tackled and handcuffed by RCMP officers after attempting to talk to a young man that locked himself to a piece of heavy equipment being delivered to Kinder Morgan in Burnaby, B.C., on Monday March 19, 2018. (Darryl Dyck/CP)

RCMP have made more than 170 arrests since March 17.

Burnaby plans to go to the Supreme Court of Canada to appeal a lower-court ruling last week in which the Federal Court of Appeal dismissed a bid by Burnaby and the B.C. government to challenge a NEB decision that allows Kinder Morgan to bypass local laws during pipeline construction.

 There are various other legal decisions pending on the pipeline, including a review by the Federal Court of Appeal of the decision by Trudeau’s cabinet to approve the pipeline and a review by the B.C. Court of Appeal of the decision by the former provincial government to approve the pipeline.

Mr. Horgan has also already said his government will seek a legal ruling on whether his province can restrict increased amounts of oil from coming into B.C. while his government reviews oil-spill safety measures.