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

RCMP makes arrests in significant Bashaw area theft cases

Suspects caught due in large part to wonderful public assistance, reporting

Smash and grab at Bashaw Sports

Police looking to identify suspects in brazen early morning theft

BRSD trying to deal with loss of $1.6 million in funding

Level of cuts, savings will be determined later this month

Two robberies lead to pursuit and the arrest of three south of Leduc

Maskwacis, Wetaskiwin and Leduc RCMP apprehend three suspects in bizarre crime spree

VIDEO: Merriam-Webster declares ‘they’ its 2019 word of the year

Declared word of year based on a 313-per-cent increase in look-ups on the company’s search site

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

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

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

Day parole revoked for man who strangled wife, buried body in their Calgary home

Parole Board revoked Allan Shyback’s day parole after he had sex with a massage parlour worker

Alberta plans to reduce surgery wait-times by building operating rooms, using private clinics

Health minister says goal is to have 80,000 more surgeries done over the next 3 1/2 years

Sylvan Lake woman charged with fraud over $500,000

Rimbey RCMP launched an investigation in July 2019 with the suspect turning herself in on Aug. 30

VIDEO: Calgary man narrowly escapes from avalanche while running at Lake Louise

Bryon Howard caught the entire wild experience on camera

Alberta RCMP remind drivers to not leave vehicle idling and unoccupied

RCMP have estimated about 33 per cent of all vehicle thefts occurred while the vehicle was idling

No jail but big fine for Alberta store owner convicted of illegal gun sales

At the conclusion of Monday’s hearing, the Crown stayed the remainder of the charges against the father

Most Read