The Gitxaala Nation filed the court action in July over a federal cabinet decision to approve the project that would link the Alberta oilsands with a marine terminal on the B.C. coast.
The Gitxaala say it has now been given the green light for a judicial review of the controversial $7-billion pipeline project proposed by Calgary-based Enbridge.
The First Nation is challenging the Joint Review Panel report that the government based its decision for approval on, claiming Canada failed to provide reasonable accommodation and consultation over aboriginal rights and title.
The Gitxaala says it's unlikely the court will hear the case for months because several other lawsuits have been filed and other parties are involved.
The government's approval came with 209 conditions for the proposed pipeline carrying bitumen — a molasses like crude — between Alberta and B.C.'s coast.
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