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

Abbotsford bank ATM robbery thwarted by woman standing her ground

Police arrest alleged known robber running down South Fraser wearing balaclava

Teen accused in Abbotsford attack on 85-year-old convicted of firearms offence

Brandon Janveaux found in vehicle in Chilliwack with .22-calibre rifle down his pants

Dad of missing Abbotsford woman charged after allegedly exposing himself in park

Barry Shpeley charged with sexual assault and assault at Hougen Park

Westbound Highway 1 crash slowing traffic in Langley

Vehicle in ditch east of 264 St. has right lane blocked by emergency crews

Not over yet: Mixture of snow, freezing rain on way as winter storm tapers in Lower Mainland

Environment Canada releases weather alert for Metro Vancouver, Fraser Valley

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

Should winter tires be mandatory in the Lower Mainland?

ICBC dial-a-claims go up as winter storm takes toll

Crown won’t appeal sentence in child sex assault case of former Burns Lake mayor

B.C. Prosecution Service said sentence doesn’t meet standard for appeal

Kelowna’s ‘Baby Mary’ finds biological parents after more than 30 years

Geneologist and DNA test helped her connect with her biological parents

Fire truck, police car hit in chain of crashes on Hwy. 99

‘People weren’t paying attention,’ says Surrey assistant fire chief

B.C. offers $5 million equipment loan program to help ailing forest contractors

Local politicians in Port McNeill and Campbell River says local economies are struggling

Vancouver Island distillery wins award for best Canadian rye whisky

Shelter Point cleans up at Canadian Whisky Awards

Kelowna hotel to award couples for baby-making with Nooner deal

The deal includes a free stay every Valentine’s Day for the next 18 years

Most Read