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.
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.”
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