Jennifer Nathan and I wish to explain to you why we have decided not to pursue a further appeal to the Supreme Court of Canada in our case based on the defence of necessity.
The discussion in this piece looks at what could be the most promising and effective pathways forward in the courts to challenge and halt the Trans Mountain pipeline expansion. While we do not think a further appeal to the Supreme Court of Canada in our case offers an effective path, we strongly believe that the defence of necessity remains an essential and viable defence that should be raised with careful preparation in new cases.
- Read: Civil Disobedience and the Defence of Necessity: Pathways Forward (opens as a PDF in your web browser)