Opinion: Alberta court ruling on pipeline law sees Trojan horse where none exists

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Alberta court ruling on pipeline law sees Trojan horse where none exists

To listen to Premier Jason Kenney and his government colleagues tell it, Alberta’s Court of Appeal ruling that Ottawa’s Impact Assessment Act is an unlawful infringement into provincial jurisdiction instantly overturns the federal law.What it does is offer Mr. Kenney an opportunity to gloat and argue that the gobs of taxpayer money the province spent on the legal venture was all worth it: Alberta put Prime Minister Justin Trudeau and his Liberal government in its place.

If you’ll recall, the law brought in new guidelines around natural resource projects – ones that reflected growing concerns about the contributions oil and gas production and transportation make to greenhouse gas emissions. Still, while Mr. Kenney and other conservative voices were calling it a pipeline killer, Mr. Trudeau was rescuing the Trans MountainThe fact is, climate change has emerged as the No. 1 threat to humanity.

While the majority opinion recognized the “existential threat” that is climate change, it said that the IAA was another “existential threat” to the division of powers guaranteed by the Constitution, and that concern about the environment should not override division of powers in Canada. How exactly does Alberta tell those provinces they have to have a pipeline because of a “birthright”? If it were up to the provinces to decide these issues, if authority over their jurisdiction is sacrosanct as the court judgment insists, the Trans Mountain Expansion would not have been twinned to the West Coast because B.C. would have stopped it. Instead, Ottawa made it happen, not Alberta.

 

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