Vivek Warrier in Bloomberg on Trans Mountain Expansion

Vivek Warrier comments in Bloomberg on the Federal Court of Appeals ruling that Canada's federal government adequately consulted with indigenous communities along the line’s route and that the regulatory review of the project included all necessary elements.

The appeals court’s decision may help future energy projects by clarifying how proponents need to engage with First Nations affected by their operations, said Vivek Warrier, the co-head of the energy industry team at Bennett Jones LLP in Calgary.

“It will put down a marker, from a long-term perspective, as to what consultation needs to look like,” Warrier said in an interview before the ruling was released. “From a legal perspective, we’d love to have a bright line drawn by the Federal Court of Appeal saying what is required and if you’ve met that threshold, then you’ve undertaken adequate consultation.”