The federal government will not challenge the Federal Court of Appeal’s decision that put the Trans Mountain pipeline expansion on hold.

On Aug. 30, the court found the government “failed” to fulfil its duty to consult Indigenous peoples on the project, and failed to account for the impact of increased tanker traffic on the marine environment.

Natural Resources Minister Amarjeet Sohi said challenging the decision would take years, so the government will not be heading to the Supreme Court of Canada.

The decision not to challenge the Federal Court of Appeal’s decision, however, does not mean the project is done. The government will redo consultations with all 117 Indigenous groups along the pipeline route, in accordance with the guidance provided by the court ruling.

Talks with Indigenous groups have already started, Sohi added.

“The duty to consult is essential for energy projects to move forward,” he said. “We will be going into communities with an open mind and engaging their help … on how we need to move forward. We’re going to take our time to get this right.”

In 2004, former Supreme Court chief justice Beverley McLachlin found the Crown has a duty to consult Indigenous peoples “when it acts in a manner that may adversely affect Aboriginal or treaty rights,” that are guaranteed under Section 35 of the Constitution. This is also a right guaranteed to Indigenous peoples under the UN Declaration on the Rights of Indigenous Peoples, to which Canada is a signatory.

To get this process right, Sohi said Wednesday morning the government “will not put a stop clock” on how long and when these consultations will take place.

Former Supreme Court justice Frank Iacobucci has agreed to lead the consultations. His role will be to advise on their design, then to oversee them to make sure they’re meaningful.

“What we are announcing today is that we are doubling resources to make sure we have people on the ground,” Sohi said.

Conservative Leader Andrew Scheer made a similar suggestion last week, asking the federal government to appoint a ministerial representative to review the projects.

Groups might still oppose the project even after the next round of consultations. Sohi said those First Nations can challenge any result. The role of the government, he continued, is not to automatically veto a project, because “that is not our understanding of our obligations to meaningfully consult.”

The National Energy Board is also undertaking a 22-week review of the impact on B.C’s marine environment. The first phase, consisting of a weeklong public consultation, ended Wednesday.

The environmental review is expected to be completed by March 2019.

Once both reviews are conducted, cabinet will evaluate the recommendations and make its decision, Sohi said.

Conservative natural resources critic Shannon Stubbs and Indigenous affairs critic Cathy McLeod quickly released a joint statement after Wednesday’s caucus meetings denouncing the Liberals for “failing” Indigenous communities, and the public at large, for not having a timeline for the consultations.

“The Federal Court of Appeal gave the Liberals clear directions to address their failure to properly consult with Indigenous communities,” the statement reads.

“But instead of following those directions, the government announced they will launch another process, with no timeline, that will only further delay construction. That is absolutely unacceptable.”

Last week, the Conservatives issued a plan to jump-start Trans Mountain, and other pipeline projects like it, by urging the Liberals to appeal the court decision. By doing so, the Conservatives argue they would be one step closer to getting construction up and running again.

Stewart Phillip, Grand Chief of the Union of B.C Indian Chiefs, told iPolitics the Liberals’ announcement was “sketchy.” Two weeks ago, the union issued a direct call to the prime minister to stop the government’s review into the Trans Mountain pipeline expansion.

“Instead of respecting the court decision, they’re trying to manipulate it and find a way around it,” he said. “It stinks of political expediency.”

A genuine consultation process, he continued, would open up it up to all members of a particular Indigenous group.

More than that, lawyer Eugene Kung said the government needs to go into the process with an open mind, which could include cancelling the project outright. If not, Indigenous people will not feel their voices are being heard.

“Their mind is already made up, and they’re going to go through another process to check the boxes,” Kung told iPolitics. “That’s a very difficult starting place, if your real intention is deep consultation and to avoid future lawsuits.”

Minister Sohi insisted during Wednesday’s announcement that the government would not be “starting over” with the consultations. Rather, it would add testimony to what’s already been collected.

But the problem with the last consultation, Kung said, was the government went in solely as a note-taker, without telling Indigenous communities how it planned to grapple with their concerns. So it might be preferable to collect new testimony from them, he said.

Alberta Premier Rachel Notley isn’t happy with the decision to let stand the court decision.

Notley said she understands the view that this is the best way to break the logjam over the multibillion-dollar project aimed at getting more Alberta oil to tankers on the B.C. coast.

But Notley says the government should keep all options — including an appeal — open.

“Our government does not agree with the decision of the federal government to not pursue an appeal of the original decision,” she said Wednesday.

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