The ruling, which is a major victory for the Gitga'at First Nation, means the equivalency agreement is invalid, that the government must now make its own environmental assessment decision regarding the Enbridge Northern Gateway pipeline, and that it must consult with and accommodate First Nations along the pipeline route about potential impacts to their Aboriginal rights and title.

"The province has been talking a lot about its opposition to oil pipelines in recent days," said Art Sterritt, a member of the Gitga'at First Nation. "Now it must put its money where its mouth is and apply the same rigorous standards it advocated for during the Joint Review Panel process, while consulting with every single First Nation who would be affected by this project. We've said it before: The Enbridge Northern Gateway pipeline is dead."

The ruling means that, until the province makes a decision on the Enbridge Northern Gateway pipeline and issues an Environmental Assessment Certificate, none of the approximately 60 permits, licenses and authorizations necessary for the project to proceed can be issued.

"Consultation does not mean explaining, however fulsome, however respectfully, what actions the government is going to take that may or may not ameliorate potential adverse effects," Justice Koenigsberg wrote. "Such a means of dealing with the admittedly difficult issue looks very like 'we know best and have your best interests at heart'. First Nations, based on past experience, quite rightly are distrustful and offended at such an approach."

View January 14, 2016 CBC News article
View January 13, 2016 National Observer article
View January 13, 2016 The Georgia Straight article
View January 13, 2016 Coastal First Nations article
View Judge Koenigsberg Re Coastal First Nations v British Columbia (Environment) 01-13