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

Embrace growth or risk losing incorporation, says Cache Creek mayor

Public hearing on rezoning raises concerns about increased traffic and noise

Year in Review: Cache Creek homicide, Merritt church arson, and a fire engine fundraiser

Plus Citizens of the Year, a new bus service, a surprise birth, a forgotten treasure, and more

Ashcroft Santa Parade attracted hundreds of happy onlookers

Three lucky shoppers won ‘Ashcroft Bucks’ to spend in downtown businesses

Local News Briefs: The CP Holiday Train is coming

Plus the Jrush Dance winter recital, free live music in Kamloops, an Escape Room, and more

‘Hi Santa: Remember when your elves called me a monster?’

Letters to Santa from Ms M. Marlow’s Desert Sands Community School Grade 3/4 class

‘A loud sonic boom’: Gabriola Island residents recount fatal plane crash

Area where the plane went down is primarily a residential neighbourhood, RCMP say

Penticton RCMP warn of new ‘porting’ scam that puts internet banking, online accounts at risk

Two-factor verification has been the go-to way to keep online accounts secure

Thunberg ‘a bit surprised’ to be Time ‘Person of the Year’

‘I could never have imagined anything like that happening,’ she said in a phone interview

B.C. patients wait 41% longer than national average to see a walk-in doctor: Medimap

The longest wait time was found in Sidney, B.C., where patients waited an average of 180 minutes

Toronto Raptors, Don Cherry top the list of Canadians’ Google searches in 2019

‘Champions’ was the theme of the last year, Google said

Tavares scores twice as Maple Leafs earn 4-1 win over Canucks

Vancouver sees two-game win streak snapped

UPDATED: No survivors in Gabriola Island plane crash: RCMP

Coroner confirms multiple fatalities after small plane goes down Tuesday night near Nanaimo

VIDEO: Harbour Air makes history with first electric aircraft test flight

Successful flight marks first of its kind in the world

The Grinch who Stole a Hedge: Security camera captures Chilliwack tree theft

RCMP arrives as person calmly walks away with tree in downtown area

Most Read