Court tells Ottawa to reconsider 1952 pipeline deal on B.C. reserve
VANCOUVER — The Federal Court of Appeal has set aside a government decision approving the expansion of Kinder Morgan’s oil pipeline through the Coldwater Indian Band reserve south of Merritt, B.C.
In a split decision, the three-judge panel ruled the federal minister of aboriginal and northern affairs failed to assess the impacts of a pipeline easement on the Coldwater band. The ruling says the minister had a continuing duty to protect the band’s interests on its reserve from an exploitive bargain.
Coldwater Band Chief Lee Spahan said Wednesday the band was celebrating the decision that also forces a review of the original pipeline agreement made 65 years ago.
The original Trans Mountain oil pipeline was constructed through the small reserve in 1952. The band, which has about 860 members, received a one-time payment of $1,292.