Court Finds Ongoing Obligation to Consult Coldwater on Routing and Drinking Water Despite Upholding Approval of Trans Mountain Expansion Project
FOR IMMEDIATE RELEASE
February 4, 2020
Major hurdles lie ahead for the Trans Mountain Expansion Project in the Coldwater Valley despite a court ruling today that allows the pipeline’s federal approval to stand.
“For us water is life. We will do everything in our power to ensure our sole source of drinking water is protected from the Trans Mountain Expansion Project. The Court’s decision today does not change that”, said Chief Lee Spahan. “If anything, the decision confirms that Canada has an ongoing obligation to consult Coldwater, including on project routing and protection of our aquifer.”
The Crown must still consult Coldwater on the project route through the Coldwater Valley following a study of the community’s drinking water aquifer. If those consultations fail to find a route that is acceptable to Coldwater, the Band can object to the route through a detailed route hearing before the Canada Energy Regulator (formerly the NEB) and Trans Mountain must prove in that hearing that its chosen route is safe.
The approved pipeline route passes an aquifer that is the sole source of drinking water for about 320 people living on the main Coldwater Reserve, about 13 km southwest of Merritt, BC. The band, fearing an oil spill could contaminate their drinking water, has been fighting for years to have the route changed.
“While the court’s decision means the federal approval for the project stands, the pipeline route remains a live issue. The Court has confirmed this,” said Chief Spahan.
“We are considering all of our options, including an appeal to the Supreme Court of Canada,” said the Chief. “In the meantime, we will continue to work with Trans Mountain to study our aquifer and alternative routes through the Coldwater Valley. The adequacy of future consultation remains to be seen”, said the Chief. “This story is not over, there is still significant uncertainty about how, and whether, our drinking water will be protected.”
For more information, please contact:
Chief Lee Spahan, Coldwater Indian Band, (c) 250-378-7495
Matthew Kirchner, Ratcliff and Company LLP, (c) 604-786-0451 or (o) 604-988-5201
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AMENDED COPY
Coldwater Indian Band
Vs
Kinder Morgan
Judicial Review in Vancouver
December 16, 2019 at 10 a.m.
Due to security screening measures at the court house, attendees should arrive by 9:30 a.m.
The Coldwater Indian Band Chief and Council are looking for band members interested in attending to show their support.
A return bus trip and shared accommodations for the evening of the December 15, 2019 will be provided
A deposit of $50.00 is required to reserve your seat.
(this is NON-REFUNDABLE if you do not show up at the administration office for pick up on December 15, 2019)
Stop by the Administration office to pay your deposit by;
DECEMBER 2, 2019
If payment hasn’t been received, then your seat will be open to other membership with their deposit paid at that time.
The departure time will be 1:30 p.m. from the Administration Office on December 15, 2019
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