Lawyers warn Carney's West Coast pipeline could face court challenges

Background

Pacific Link is the first project designated in the national interest under the Building Canada Act, Bill C-5, and Ottawa has promised construction will start in less than a year.

Lawyers expect challenges on two fronts: the Crown's duty to consult under the Constitution and the federal law adopting the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

“A one-year timeline, principally designed to attract investment, subordinates the honour of the Crown to commercial imperatives.”

— Cindy Woodhouse-Nepinak, AFN National Chief

Major Projects Office

The Major Projects Office consulted more than 130 Indigenous communities before the designation. It begins its review in early 2027 and is expected to finalize the project's conditions by Sep 1, 2027.