Canadian federal court dismisses Lummi Nation challenge to Roberts Bank terminal expansion

On December 17, 2025, the Federal Court of Canada dismissed a judicial review application by the Lummi Nation. The tribe, located in Washington State, challenged the federal approval of the Roberts Bank Terminal 2 (RBT2) project in Delta, British Columbia.

​The RBT2 project consists of a 3-berth marine container terminal operated by the Vancouver Fraser Port Authority (VFPA). The development is designed to increase port container capacity by about 1/3, providing an additional 2,400,000 20-foot equivalent units (TEU) annually.

​The Lummi Nation filed a notice of appeal with the Federal Court of Appeal on January 16, 2026. Written details regarding the appeal are scheduled for filing on April 27, 2026. The date to request a hearing for the appeal is July 2, 2026.

​The initial challenge alleged that the Government of Canada failed to meet its duty to consult the Lummi Nation on the project. The tribe cited potential impacts on fishing sites in the Strait of Georgia, Haro Strait, Rosario Strait, and the Strait of Juan de Fuca, as well as vessel traffic impacts on cultural resources.

​The court ruled that while the Crown owed the Lummi Nation a duty to consult as an Aboriginal people of Canada under Section 35 of the Constitution Act, 1982, the consultation efforts were “reasonable, meaningful and honourable.” This ruling followed the 2021 Supreme Court of Canada decision in R. v. Desautel, which established that Indigenous groups outside Canada can hold Section 35 rights.

​The Federal Court of Canada is a statutory body established by the Federal Courts Act with jurisdiction over federal government agencies and the Crown. This differs from United States federal courts, which are constitutional bodies established under Article III of the United States Constitution with jurisdiction over federal law and treaties.

​The federal decision statement for the RBT2 project remains in effect during the appeal process.