B.C. First Nations file legal challenges against fast-tracking of Pacific Link Pipeline
Posted November 4, 2026 1:04 pm.
Just a month ago, the Pacific Link pipeline was the first project to get the National Interest designation under Carney’s Building Canada Act.
This means it – and that means it’s getting fast-tracked through the myriad environmental and regulatory hurdles it would have to pass before it could be considered “shovel-ready.”
But now, eight separate court challenges have been launched by B.C. First Nations that could see their lands or waters affected by the pipeline.
They’re seeking to remove that National Interest designation, alleging the federal government failed to consult with them properly.
Merle Alexander is a principal lawyer with the firm Miller Titerle, which represents four of the applicants. He says the limited engagement that took place happened in the midst of wildfire season for some.
“They’re lowering the bar almost as low as you could possibly imagine on consultation, and there was no consent, in any way, obtained for this project approval,” Alexander said.
“They were supposed to be engaging in consultations at the same time. They were already evacuated from their own community. That’s an example of Boston Bar First Nation. They were completely evacuated from their own community at the time.”
Alexander says they still participated to the best of their ability and voiced that they couldn’t support the pipeline without being provided basic information, like its final route.
But he says their concerns went unaddressed, making this legal battle unsurprising, especially considering this is the first test of the Major Projects Office.
“I think it’s just a real gamble to put the most controversial type of major project through legislation that is completely untested,” he said.
If an injunction is granted as part of this legal process, it would stop this fast-track in its tracks. This could be a sign of things to come, as the BC Conservatives pledge to repeal DRIPA despite significant resistance by First Nations leaders.
“If you’re simultaneously getting rid of the alternative dispute resolution mechanism and creating more adversarial circumstances by approving major projects without any consultation, you’re just going to increase the necessity for First Nations to go to the courts,” Alexander said.
With Delta’s Roberts Bank Terminal 2 project just receiving the National Interest designation last week, there have already been signals that it too could face opposition from First Nations, potentially putting Carney’s strategy to diversify Canada’s trade into question.
Stewart Phillip, who leads the Union of BC Indian Chiefs, has said First Nations are not standing down, and his message to corporations planning to invest in B.C. is “buyer beware.”
The proposed pipeline would largely follow the same route as the Trans Mountain pipeline. It is expected to add a million barrels a day to Canada’s oil exports and cost up to $45 billion to build.
