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.

Just Posted

Casey Affleck’s movie Light of My Life features Southern Interior of B.C.

Film features Academy Award and Emmy Award winners

Forest fires spotted near Greenwood and Christina Lake

Aircraft and ground crews attacked both fires on Thursday

Sisters trot across Canada for guide dogs

The Keca sisters passed through the Boundary earlier this week

Cannabis category added to Grand Forks Fall Fair

Mayor to be among judges evaluating look, smell and ‘burnability’

Residents petition for pre-flood value buyout, say Grand Forks case could set B.C. precedent

A petition will be presented to the B.C. Minister of Public Safety next week

Fashion Fridays: How to dress and feel powerful

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

‘Easy Rider’ star Peter Fonda dies at 79

Actor and writer was nominated for an Oscar for co-writing the 1969 psychedelic road trip movie

Bob Lenarduzzi out as Vancouver Whitecaps president

MLS team is at the bottom of the Western Conference standings

B.C. daycare operator denies negligence in death of ‘Baby Mac’

Infant died in early 2017 after biting an electrical cord, according to a lawsuit filed by his mom

BC SPCA reopens animal cruelty investigation at Abbotsford pig farm

Additional alleged footage released from Excelsior Hog Farm sparks new investigation

Donor upset no one noticed B.C. school’s sculpture had been missing for a year

Agassiz’s Fraser River Lodge owner baffled how theft went undetected

Purple fentanyl among items seized in B.C. drug bust

Youth being recruited as drivers for more-established drug dealers, police say

Fatal overdoses in B.C. drop 30% during first half of year

A total of 538 people have died between January and June, BC Coroners Service reports

VIDEO: B.C. RCMP officer’s stunt at motorcycle festival prompts internal investigation

The officer was part of a stunt event at the Squamish Motorcycle Festival

Most Read