FILE – B.C. Attorney General David Eby at Legislature in Victoria, B.C., on Thursday, May 9, 2019. (THE CANADIAN PRESS/Chad Hipolito)

B.C.’s fight to regulate bitumen through pipelines to go to Canada’s top court

BC Appeal Court judges found B.C. cannot restrict bitumen flow along Trans Mountain pipeline

B.C.’s NDP government will be appealing a BC Appeal Court ruling where a five-judge panel unanimously agreed that the province has no constitutional right to restrict the transport of bitumen through inter-provincial pipelines.

READ MORE: Court says B.C. can’t restrict oil shipments in key case for Trans Mountain

Attorney General David Eby announced in Vancouver Friday, just a few hours after the court decision was released, that the case would be brought to the Supreme Court of Canada.

“While we are disappointed with the decision, our courts have an important role to play in upholding the rule of law. That is why we referred this question to the courts in the first place,” he told reporters.

“We continue to believe we have the ability and authority to protect our environment and economy, so we will exercise our right to appeal to the Supreme Court of Canada.”

Reference cases are automatically heard by Canada’s top court.

Premier John Horgan called the decision disappointing while at an unrelated funding announcement in Kelowna.

The decision by the BC Appeal Court notably marks a win for the Trans Mountain pipeline expansion, which has been a contentious project pitting Alberta and B.C. politicians and tax payers against one another.

Prime Minister Justin Trudeau’s government has purchased the Trans Mountain pipeline and expansion project for $4.5 billion. Construction was paused last August after the Federal Court of Appeal overturned the federal permits.

The project would triple the pipeline’s capacity to carry diluted bitumen from the Edmonton area to Metro Vancouver, and increase the number of tankers in Burrard Inlet seven-fold.

The province had filed a constitutional reference question to the B.C. Court of Appeal that asked whether it had the authority to create a permitting regime for companies that wished to increase their flow of diluted bitumen.

A five-judge panel agreed unanimously that the amendments to B.C.’s Environmental Management Act were not constitutional because they would interfere with the federal government’s exclusive jurisdiction over inter-provincial pipelines.

READ MORE: B.C. legislation only applies to Trans Mountain, pipeline proponent argues

READ MORE: Big court ruling could set Trans Mountain pipeline’s fate: experts

Justice Mary Newbury wrote on behalf of the panel that the substance of the proposed amendments were to place conditions on and, if necessary, prohibit the movement of heavy oil through a federal undertaking.

Former Alberta premier Rachel Notley was quick to comment on the court decision.

“Turns out B.C.’s toolbox was more Fisher Price than DeWalt. This is a good day for people with toolboxes all across Canada,” she wrote.

With files from Laura Kane, The Canadian Press

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

Just Posted

Submissions accepted for Anonymous Art Show

Online exhibit hosted by Abbotsford Arts Council in November

Unofficial holidays: Here’s what people are celebrating for the week of Sept. 27 to Oct. 3

World Farm Animals Day, Drink Beer Day and Virus Appreciation Day are all coming up this week

Mission Mayor Pam Alexis to run for the NDP

Will take on Liberal Simon Gibson in the Abbotsford-Mission riding

VIDEO: Mounties looking to catch Chilliwack bike-riding teen groper

Man caught on video slapping the backside of girl near CSS riding a bicycle

Missing Chilliwack woman last seen on Wednesday

Friends and family concerned for Joy-Lynn Leon, 42, who was last seen Sept. 23 on Mary Street

QUIZ: Do you know what’s on TV?

Fall is normally the time when new television shows are released

Horgan, Wilkinson trade barbs over MSP premiums, health care at campaign stops

Horgan called a snap election for Oct. 24 earlier this week

VIDEO: COVID won’t dampen Lower Mainland woman’s Halloween spirit

Langley’s Tanya Reid posted video offering suggestions of how trick-or-treating might look for her

PHOTOS: 2nd calf in a month confirmed among Southern Resident killer whale pod

Center for Whale Research said they will eagerly await to observe the calf to evaluate its health

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

2 British Columbians arrested, 3 at large in massive Alberta drug bust

Eight people are facing 33 charges in what police have dubbed Project Incumbent

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

97 distressed horses, cats and dogs seized from farm in Princeton

RCMP assisted as BC SPCA executed search warrant

Most Read