No authorization required.

There is yet another twist in the ongoing dispute over the Fairview Container Terminal project. One of the two current notices of application filed by the Coast Tsimshian bands has been rejected by the Federal Court.

The same judge that ruled in favour of the Coast Tsimshian last week, issued his judgment yesterday over the issue of the need for a judicial review on the Federal Minister of Transportations approval of the terminal.

The judge stated that as the Minister is not required to give authorization on the project, the filing was rejected.

This would mean that one avenue of slowing the development down has been exhausted, though there is still one other notice of application pending.

And still to be seen is what the Coast Tsimshian may wish to do with the judgment of September 21st, in which Justice Finckenstein agreed with the Coast Tsimshian, calling the governments position during the process of consultation “skewed” and “unreasonable”.

The judges findings led to the Coast Tsimshian calling on the port to halt construction of the terminal. And it could provide an avenue for further legal action against the project.

The Vancouver Sun posted the latest details on the issue on their websit on Tuesday morning.


Court rejects authorization of native terminal
The Vancouver Sun
Published: Monday, September 25, 2006

The Federal Court of Canada has dismissed a notice of application filed by the Lax Kw'alaams and Metlakatla first nations bands against the federal transport minister over the development of the Prince Rupert container facility, ruling that the minister is not required to authorize the project.

The two bands had requested a judicial review of the minister's pending decision to approve the terminal development, alleging they had not been properly consulted and accommodated for the project.

But in a judgment dated Sept 21, Justice Konrad von Finckenstein said no pending decision existed, as the minister is not required to give authorization.

"In my view this failure by the applicants' to properly plead their case is fatal and accordingly, I have no choice but to dismiss this application," von Finckenstein wrote.