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Trans Mountain scores a win as Federal Court dismisses First Nations' challenges – Calgary Herald

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In a unanimous, 3-0 decision today, the court dismissed four challenges to that approval launched last summer by First Nations in British Columbia.


Trans Mountain pipeline construction underway in Acheson, west of Edmonton, on Dec. 3, 2019.


REUTERS/Candace Elliott

OTTAWA — The Federal Court of Appeal has dismissed legal objections to Ottawa’s decision to approve the Trans Mountain pipeline expansion a second time.

In a 3-0 decision, the court rejected four challenges from First Nations in British Columbia to the approval, which were filed last summer. The 95-page ruling says there is no legal basis to interfere with the federal cabinet’s approval of the project.

That means construction can continue on the project, though the First Nations have 60 days to appeal to the Supreme Court.

Natural Resources Minister Seamus O’Regan said the government welcomes the ruling and believes it proves that if consultations and reviews are done properly, major projects can be built in Canada.

“This has worked out well,” he said.

“The courts have acknowledged that we listened and that we want to do things right.”

Chief Lee Spahan of the Coldwater Indian Band said in a statement an appeal to the Supreme Court is under consideration. He also said his band must still be consulted on the route the expansion will take, with the approved route passing an aquifer that is the only source of drinking water for 320 people living on the main Coldwater reserve.

The band wants the route moved away from the aquifer.

The cabinet originally approved the expansion project, to twin the existing pipeline, in November 2016. Prime Minister Justin Trudeau said at the time it was in Canada’s national interest to build the project, which will provide oilsands producers more transportation capacity to get their products to market.

That approval was overturned by the Federal Court of Appeal in August 2018, citing an insufficient consultation process with Indigenous communities and a failure to properly take into account the potential impact on marine life from additional oil tankers off the B.C. coast. Ottawa then launched another round of consultations with Indigenous communities and asked the National Energy Board to look at marine life.

In June 2019, cabinet issued its second approval for the project. Following that, the Coldwater Indian Band, Squamish Nation, Tsleil-Waututh and a group of small First Nations in the Fraser Valley asked the court to review the decision a second time. The court refused to hear a challenge from environment groups seeking a review of the decision on environmental grounds but agreed to go ahead with the First Nations case.

In a December hearing, lawyers for the bands argued the government went into the new consultations having predetermined the outcome.

But the judges said “this was anything but a rubber-stamping exercise.”

“The end result was not a ratification of the earlier approval, but an approval with amended conditions flowing directly from the renewed consultations,” the ruling said.

The judges found the government made a genuine effort, listened to and considered concerns raised by First Nations, and sometimes agreed to accommodate those concerns, “all very much consistent with the concepts of reconciliation and the honour of the Crown.”

They also say while it is true not all the concerns raised were accommodated, “to insist on that happening is to impose a standard of perfect,” that is not required by law.

“We particularly appreciate the clarity in the decision that the duty to consult does not equal a veto,” Alberta Premier Jason Kenney said in a statement. He said most Canadians and most First Nations “want to share in the economic benefits of responsible resource development” and “it’s time to get this pipeline built.”

O’Regan acknowledged there will be people unhappy with the court’s judgment and any outstanding concerns they have will not be ignored.

“I want to say clearly to those who are disappointed with today’s court decision: we see you and we hear you,” he said. “As construction continues to move forward we will take every step that we can to ensure that this project moves forward in the right way.”


Natural Resources Minister Seamus O’Regan (right) and Finance Minister Bill Morneau attend a news conference in Ottawa after the decision was released.

The expansion project would triple the capacity of the existing pipeline between Edmonton and a shipping terminal in Burnaby, B.C., with the new pipeline carrying mainly diluted bitumen for export.

It has become a political challenge for Trudeau as he insists Canada can continue to expand oil production and still meet its commitments to cut greenhouse gas emissions.

Trudeau’s government bought the existing pipeline and the expansion plan in 2018 after political opposition to the project from the B.C. government caused Kinder Morgan Canada to pull out from building the expansion. The government intends to finish the expansion and then sell both the existing pipeline and the expansion back to the private sector.

It has been in talks with some Indigenous communities about the sale but Finance Minister Bill Morneau has said the project won’t be sold until all the risks about proceeding are eliminated. Those risks include this court case.

Morneau said Tuesday the government still expects about $500 million in revenues each year once the pipeline is up and running, all of which will be put towards clean technology and energy projects.

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Federal $500M bailout for Muskrat Falls power delays to keep N.S. rate hikes in check

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HALIFAX – Ottawa is negotiating a $500-million bailout for Nova Scotia’s privately owned electric utility, saying the money will be used to prevent a big spike in electricity rates.

Federal Natural Resources Minister Jonathan Wilkinson made the announcement today in Halifax, saying Nova Scotia Power Inc. needs the money to cover higher costs resulting from the delayed delivery of electricity from the Muskrat Falls hydroelectric plant in Labrador.

Wilkinson says that without the money, the subsidiary of Emera Inc. would have had to increase rates by 19 per cent over “the short term.”

Nova Scotia Power CEO Peter Gregg says the deal, once approved by the province’s energy regulator, will keep rate increases limited “to be around the rate of inflation,” as costs are spread over a number of years.

The utility helped pay for construction of an underwater transmission link between Newfoundland and Nova Scotia, but the Muskrat Falls project has not been consistent in delivering electricity over the past five years.

Those delays forced Nova Scotia Power to spend more on generating its own electricity.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.

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Roots sees room for expansion in activewear, reports $5.2M Q2 loss and sales drop

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TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.

The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.

“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.

The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.

But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.

Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.

“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.

“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”

Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.

The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.

In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.

Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.

The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.

The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.

Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.

Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.

It will also re-evaluate its design ranks.

Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.

Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:ROOT)

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Talks on today over HandyDART strike affecting vulnerable people in Metro Vancouver

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VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, are set to resume today as a strike that has stopped most services drags into a second week.

No timeline has been set for the length of the negotiations, but Joe McCann, president of the Amalgamated Transit Union Local 1724, says they are willing to stay there as long as it takes, even if talks drag on all night.

About 600 employees of the door-to-door transit service for people unable to navigate the conventional transit system have been on strike since last Tuesday, pausing service for all but essential medical trips.

Hundreds of drivers rallied outside TransLink’s head office earlier this week, calling for the transportation provider to intervene in the dispute with Transdev, which was contracted to oversee HandyDART service.

Transdev said earlier this week that it will provide a reply to the union’s latest proposal on Thursday.

A statement from the company said it “strongly believes” that their employees deserve fair wages, and that a fair contract “must balance the needs of their employees, clients and taxpayers.”

This report by The Canadian Press was first published Sept. 12, 2024.

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