5 October 2018, Coast Salish territory (Burnaby, BC) Trans Mountain Corporation must take down the fences in Burrard Inlet, says the City of Burnaby in a submission to the Vancouver Fraser Port Authority. The fence is attached to a floating boom at Kinder Morgan's Westridge Marine Terminal in Burnaby. Now that the Federal Court of Appeal has quashed the approval to build the pipeline and tanker project the fence must come down, argues Burnaby counsel Gregory McDade in a recent filing. [Full text below]
"Now that construction authorization has been withdrawn by the court, we ask that you immediately notify Trans Mountain that the fence must be removed as an obstacle to public access."
The City is petitioning the Vancouver Fraser Port Authority to withdraw Trans Mountain's permit to operate the "Marine Construction Safety Boom" around the perimeter of the (former Kinder Morgan and now) government of Canada-owned tanker berth construction site. The permit to triple the number of berths at the terminal was dependent on the overall approval of the project, Burnaby argues, and now that the general approval has been quashed, so too should be the razor wire fence permit.
Citizen watchdogs at the tank farm report have documented increased construction activity at the Burnaby tank farm in recent days, sharing it on social media. Burnaby's challenge to the Port is the first real test of the new Trans Mountain Crown Corporation's intentions of obeying the stop work order set down August 30 by the Federal Court of Appeal, in a ruling the federal government decided this week not to appeal.