A aerial view of Kinder Morgan’s Trans Mountain marine terminal filling a oil tanker in Burnaby, B.C., is shown on Tuesday, May 29, 2018.THE CANADIAN PRESS Jonathan Hayward

Alberta judge denies B.C.’s bid to block ‘Turn Off the Taps’ bill

He said the proper venue for the disagreement is Federal Court

A Calgary judge has denied British Columbia’s attempt to block Alberta legislation that would allow that province to stop oil shipments to the coast.

In a decision released Friday on the so-called Turn Off the Taps bill, Queen’s Bench Justice Robert Hall said that B.C. doesn’t have the right to take Alberta to court in Alberta over legislation passed by the Alberta legislature.

“The only parties with standing to bring this action in this court are the (Attorney General of Alberta) and the (Attorney General of Canada),” Hall wrote in his decision.

Hall said neither province could find a single previous example of such a case going ahead.

“Neither party could direct me to any cases in which one province has sued another province seeking a declaration of constitutional invalidity of legislation enacted by the defendant province.”

Hall said the proper venue for the disagreement is Federal Court, which was specifically created to adjudicate between governments.

“Federal court is the proper forum for this interprovincial dispute.”

An emailed statement from the B.C. Ministry of Attorney General on Friday said the province is reviewing Hall’s decision. The email said B.C. has already filed a similar case in Federal Court, although that body hasn’t said yet whether it will accept it.

“The Province has been clear that we will defend the interests of British Columbians,” the statement said. “We … look forward to the day that this legislation, which is unconstitutional and designed to punish people in B.C., is heard in court.”

A statement released Friday night on behalf of Alberta Energy Minister Sonya Savage said the province was “pleased” with the court ruling.

“We will continue to defend Alberta jobs and economic opportunity and look forward to making our case in Federal Court,” the statement said.

The legal battle is part of the fallout over the TransMountain pipeline expansion.

In response to B.C.’s legal measures against the pipeline, Alberta passed legislation that would allow it to shut off oil shipments to the coast.

B.C. had asked the Alberta court to both declare the law unconstitutional and grant an injunction preventing its implementation.

READ MORE: Trans Mountain bid could be ready next week, Indigenous group says

The TransMountain expansion, first approved in 2016, would triple the amount of oil flowing from the oilsands to B.C.’s Lower Mainland and from there to lucrative new markets across the Pacific.

The federal government bought the existing pipeline last year for $4.5 billion after its original builder, Texas-based Kinder Morgan, threatened to walk away from the project because of B.C.’s resistance.

The Federal Court of Appeal quashed the approval months later on the grounds that there hadn’t been enough consultation with First Nations or consideration of the pipeline’s potential impact on marine wildlife.

The project has been approved for a second time by the federal cabinet.

VIDEO: Trans Mountain expansion project gets green light, again

The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Trail RCMP report sabotage, a side-swipe and more

Briefs from Trail and Greater District police Sergeant Mike Wicentowich

Happy Hills Farm store opens in Rossland

The store sells various produce like herbs, berries and microgreens

Interior Health reports two more COVID-19 cases

IH: One person is in hospital. No one is in ICU with COVID-19.

Smoker Farms bringing craft-style cannabis to Beaverdell

Husband-wife team growing small-scale cultivations of marijuana

Farms to Friends brings fresh local food to West Kootenay families

“It is a really fulfilling project for everyone,” says executive director Montana Burgess.

B.C. records new COVID-19 death, 85 more cases; Horgan calls on celebrity help

This brings the total number of active confirmed cases to 531 across the province

Teachers to get 2 extra days to prepare for students’ return, now set for Sept. 10

Students will first start with orientation and learn rules of COVID-19 classroom policies

High-volume littering at Cape Scott draws ire from hiking groups

Popular Vancouver Island hiking spot not closing, but frustration about crowding grows

SFU to drop ‘Clan’ varsity team name

The ‘Clan’ name is shortened from ‘Clansmen,’ and was introduced roughly 55 years ago

New Tory leader must build a strong team in Commons and for the campaign: Scheer

Scheer marked his final day in the House of Commons today as leader of the Opposition

B.C. to hire 500 more COVID-19 contact tracers ahead of fall

Contract tracers add an ‘extra layer’ in the fight against the novel coronavirus

Feds commit $305M in additional funds for Indigenous communities during COVID-19

Money can be used to battle food insecurity and support children and mental health

We were a bit tone deaf: Hobo Cannabis renamed Dutch Love after backlash

Hobo Cannabis has various locations in Vancouver, Kelowna and Ottawa

Man accused of killing Red Deer doctor says he does not remember attack

Appearing before a judge, Deng Mabiour, 54, rambled about being sick and needing a doctor

Most Read