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On February 7, 2020, the Federal Court of Appeal (the “FCA”) upheld the approval of the proposed Trans Mountain Pipeline Expansion Project (the “Project”) in its decision in Coldwater First Nation v Canada (Attorney General).  The FCA’s decision follows the FCA’s previous decision in Tsleil-Waututh Nation v Canada (Attorney General), (“Tsleil-Waututh Nation”) in which the FCA quashed the approval of the Project and remitted the matter back to the Governor in Council for redetermination.

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