Article content continued

“At the very minimum that process needs to be redone in a way that takes into account in a very real way the risks, and looks more deeply at the perceived need of the project,” Kung said.

Specific concerns with the project range from a lack of consideration of alternatives to the project, the implications for endangered species, including southern resident orca whales, and adequate accommodations for each individual First Nation whose territory is affected by the pipeline.

First Nations allege the project infringes on their land-claim rights and title, and the government failed to meet its fiduciary duty to thoroughly consult affected communities.

“For the federal cabinet decision to stand, they will essentially have to win on every single one of those issues,” Kung said.

The Alberta and B.C. governments have been granted intervener status in the case, but will not be permitted to bring new information to the hearing.

The hearing has pitted the provinces against each other, with Alberta Premier Rachel Notley previously saying her government has taken measures to reduce the environmental effects of the oil and gas industry and that it’s important for the country that the project go forward.

While B.C.’s former Liberal government gave environmental certificates to the project earlier this year, the province’s new NDP premier, John Horgan, said during his election campaign last spring that he would use “every tool in the tool box” to stop the expansion.