Reflections from the Courtroom
June 10, 2025
Tracey Saxby
Last month, I sat in the Federal Courtroom for the very first time. Afterwards, I was interviewed by a reporter who said, "I don't get it. Why have you taken on this court case? Why are people supporting this?"
I replied, "Because this is our home. Our communities are on the frontlines, and we're already experiencing the impacts as Woodfibre LNG and FortisBC build this new fossil fuel infrastructure."
But it's bigger than that—we want to make sure that they follow the law.
NEWS COVERAGE: Squamish Chief | Vancouver Sun | Daily Hive
Here are some of my reflections from the Courtroom:
Standing up to protect the public interest
Governments don’t always act in the best interest of people or the environment, particularly when they're influenced by powerful corporate or political interests.
That's why My Sea to Sky, Sunshine Coast Conservation Association, and Justice for Girls have come together to advocate for environmental protections, social justice, and human rights—where those priorities are being ignored or undermined by government decisions.
Major social and environmental reforms often start by challenging the status quo. By pushing back against harmful or unjust decisions, we're aiming to spark public debate, influence long-term policy shifts, and drive systemic change.
With this legal case, we are working to ensure that government decision-making processes are fair and evidence-based. We are holding the Federal government accountable to its own laws.
The system is broken (and we need to fix it)
One of the things that was most abhorrent to me was to witness Woodfibre LNG's lawyers working hand in hand with the Federal Government's lawyers to defend the Federal government's approval of the floatel.
Wait a minute: isn't the Federal government meant to act as a regulator for Woodfibre LNG? Why are they cooperating?
That is seriously messed up.
Challenges to "standing"
Both Woodfibre LNG and the Federal Government challenged My Sea to Sky and Justice for Girls' "standing."
"Standing" is a legal concept that determines whether a person or group has the right to bring a case to court. Challenges to standing is a tactic often used by governments and corporations to delay, derail, or dismiss legal challenges without having to argue the merits of the case.
Several of our legal actions have been delayed for 18+ months as Woodfibre LNG and/or FortisBC have challenged our standing. By diverting the court's attention to standing, governments and corporations can avoid having the court evaluate whether their actions were unlawful or harmful. Meanwhile, the company continues with business as usual, and any harm continues.
If the only positive outcome of this case is that My Sea to Sky and Justice for Girls are given public interest standing, that in itself is a big win. We will be recognized as a legal force to be reckoned with!
This ruling would also open the door for other small, feisty non-profits to stand up to protect the public interest.
It's "moot." Please ignore floatel #2
Woodfibre LNG and the Federal Government argued that the case was "moot" as the floatel is already in place. It's a done deal. Nothing to see here.
Like "standing," mootness is often used to shut down legal challenges instead of debating whether the government or corporation did the right thing.
Our kickass legal team was able to demonstrate that the issue is not "moot" because Woodfibre LNG wants to dock a second floating workcamp (aka "floatel") for up to 900 more workers! This broken process is about to start all over again.
The judge agreed to allow this new evidence, and threw out the "mootness" argument.
Now we'll see if Woodfibre LNG and the Federal Government will respect the court and wait for a decision before they start to process the application for another floating workcamp.
Public engagement is meaningless
Another argument made by Woodfibre LNG and the Federal Government was that public engagement would not change the outcome of the decision. But that is the exact problem we're trying to solve!
For eleven years, we have organized our communities to participate in these public engagement processes in good faith and nothing changes. Government decisions often appear to be motivated by politics, and public engagement is little more than a checkbox that the government has to check. But decisions should be science- and evidence-based, and take into account real impacts on the environment and communities.
Our lawyers argued forcefully: if public engagement cannot influence the outcome of a decision, then what purpose does it serve? We hope the court agrees that public engagement must be more than a checkbox.
As Woodfibre LNG and FortisBC rack up multiple non-compliance warnings for violating the conditions of their environmental assessment certificates, it's hard not to shout from the rooftops "we told you so" because the issues we raised over a decade ago were ignored by government regulators and now we're stuck with the consequences.
When will the judge make a decision?
The judge has reserved his decision, and will likely take several months to make a ruling. This is a complex issue that will set a precedent for future cases. The judge needs to review the law, and take time to consider the arguments and evidence of the case.
I am feeling hopeful.
The law is changed one step at a time. Sometimes those steps seem incremental because we don't win everything we set out to win, but when applied across the law those small steps become a ladder for progressive change.
We are fighting this fight, not just for communities in Átl’ḵa7tsem / Howe Sound, but for the broader movement, the long-term health of communities and ecosystems, and to empower generations yet to come.
Donate now to support our legal action fund
Filing a legal action is not a small undertaking. Going to court is expensive, time-consuming, and to be honest, it's the last line of defence. Most community groups can't afford to stand up to government or big fossil fuel companies like Woodfibre LNG and FortisBC.
That is why it is truly phenomenal that our communities have come together to crowdfund nearly $168,000 to support our legal action fund.
My Sea to Sky has partnered with the Sunshine Coast Conservation Association to overturn project approvals for Woodfibre LNG and FortisBC, and hold the Federal and Provincial governments to account.
Our goal is to reach $200,000 so we can continue to file strategic lawsuits like this.
Can you chip in to help pay for legal fees, expert peer review, access to information, and dedicated staff time to support our legal actions?
Every donation will be triple-matched by two wonderful local families.
DONATE TO SUPPORT OUR LEGAL ACTIONS*******
With immense gratitude to everyone for standing with us over the last eleven years. We are so grateful for your trust. We are just getting started!
With fierce determination,
Tracey Saxby
Executive Director
My Sea to Sky
My Sea to Sky is incredibly proud and grateful to say that we rely on the My Sea to Sky community for small donations that provide the majority of our funding. Since our launch in 2014, we have been funded through personal savings, family and friends; and powered by the passion of our volunteers. Your generous contribution will help us to run our critical campaigns to defend, protect, and restore Átl’ḵa7tsem / Howe Sound. Can you chip in?