Legal experts warn Canada’s fast-track Pacific Link pipeline could face court battles

The federal government has fast-tracked the Pacific Link pipeline as a national-interest project under Bill C-5, promising construction to begin within a year. Legal scholars warn that the new approval process could be tested in court over two main issues: the Crown’s constitutional duty to consult Indigenous peoples and the obligations introduced by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Robin Junger, an Indigenous law specialist, says the untested nature of the legislation makes future challenges “very much an open question.” The Major Projects Office consulted over 130 Indigenous communities between early July and mid-September and will begin a formal review in early 2027, with hearings by the Canada Energy Regulator and a conditions document due by September 1, 2027. First Nations leaders, including Assembly of First Nations National Chief Cindy Woodhouse-Nepinak, argue that the accelerated timeline threatens Indigenous rights, while legal analysts note recent court decisions have not yet clarified how UNDRIP alters the duty to consult.