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OTTAWA — Perhaps the most surprising part of this week’s court ruling allowing six challenges of the Trans Mountain pipeline expansion to proceed was a section near the end of the decision that said the government had taken no position on the matter.

Ottawa’s decision not to oppose the challenges from Indigenous groups at this stage of the process has confused legal experts and attracted criticism from some who say the government isn’t doing enough to get the project built.

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It also seems to have surprised Federal Court of Appeal Justice David Stratas, who wrote in his decision, released Wednesday, that the federal government “offered no submissions or evidence to assist the Court.”

While Ottawa does plan to oppose the First Nations, who are arguing that the latest round of Indigenous consultation on the project was inadequate, the government did not argue against a full appeal. “Down the road, the respondents might be able to present strong evidence supporting the adequacy of the further consultation,” Stratas wrote in his decision. “At this time, however, the respondents have withheld their evidence and legal submissions on these points.”