Western Canada newsletter: B.C. court says province can’t restrict flow of Alberta oil

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Western Canada newsletter: B.C. court says province can’t restrict flow of Alberta oil GlobeBC

The B.C. Court of Appeal delivered the provincial government ato the NDP’s question of whether B.C. had the constitutional jurisdiction to limit the amount of heavy oil flowing through its borders. All five justices concluded Friday only Ottawa has the oversight of the federally owned and regulated Trans Mountain pipeline.

“Turns out BC's toolbox was more Fisher Price than DeWalt,” she said in a news release. The remark is a reference to B.C. Premier John Horgan’s declaration during the B.C. election campaign in 2017 that he would “use every tool in our toolbox“ to stop the Trans Mountain expansion.Mr. Eby swiftly declared the province would take the case to the Supreme Court of Canada, where, he maintained, it should have been all along.

“In terms of the financial costs of going to court to clarify this question, to clarify the extent of our jurisdiction, it is a fraction of a fraction of the cost of a catastrophic diluted bitumen spill … so we think it is worthwhile,” he said. He said that under federal legislation, the province has the right to appeal its reference question, so there is no requirement to seek leave to appeal.​

Natural Resources Minister Amarjeet Sohi indicated his government intends to make a decision on whether to re-approve the pipeline project by June 18, though few believe that green light won’t come after the Liberals spent $4.5-billion last year to purchase the existing pipeline to ensure the expansion project goes ahead.

 

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