Trans Mountain Pipeline ULC v. Misavair

Trans Mountain Pipeline
The Trans Mountain pipeline carries crude and refined oil from Alberta mines to the western coast of Canada. Prior to being purchased by the Government of Canada, the previous owner of the pipeline, Kinder Morgan, announced an expansion project in 2012. The expansion would consist of building a second pipeline in parallel to the already existing pipeline to both increase capacity and introduce the ability to transport diluted bitumen. In 2018 the Government of Canada purchased the Trans Mountain Pipeline and continues to own and operate the pipeline through the Trans Mountain Corporation.

History of Disputes
From the outset, the Trans Mountain expansion project was highly disputed by government, environmentalist groups, and First Nation communities. After numerous delays and repeated environmental reviews, former Liberal B.C. Premier Christy Clark announced her support of the project in 2017. Following Clarks public announcement the NDP and Green parties of British Columbia announced their intention to form a coalition to take down the pipeline. Later, the 2017 provincial election proved successful for the coalition, defeating the incumbent liberal party. Current Premier John Hogan has publicly denounced the expansion; however, provincial efforts to block the expansion have had minimal success. Stark differences between the B.C., Alberta, and federal governments opinions on the pipeline have continually plagued the expansion efforts.

Environmentalists are concerned with effects of oil spills in vulnerable ecosystems, the chance of water contamination, possible earthquakes triggered by drilling along active fault lines, and tank fires. In addition, opponents of the project highlight the disconnect between prioritizing the transition away from fossil fuels to support the environment and building a expansion to expand pipeline capacity.

Both opposition and support also exist amongst First Nations communities for the pipeline. The proposed expansion travels through First Nation lands, with some leaders opposed to the expansion, while others in support of the pipeline.

Burnaby Protests
Following multiple occasions of protestors blocking the entrance to the Burnaby Terminal, a construction site along the expansion project in B.C., an injunction was granted in early March forbidding those involved in the protests from impeding construction of the legal pipeline expansion. Jennifer Nathan and David Gooderham, defendants, were named in this injunction. Later in March, Ms. Nathan admitted to being among 60 individuals who intended on disobeying the injunction. She was arrested for blocking access to the Burnaby Terminal. In August, Mr. Gooderham was similarly arrested for blocking access to a different construction terminal. They were both charged with contempt of court for disobeying the injunction.

BRIEF ABOUT THEIR NECESSITY ARGUMENT