Canada’s top court to hear B.C. case attempting to halt Trans Mountain expansion

Judges to decide whether B.C.’s power to protect environment can include impeding a federal project

The Supreme Court of Canada is shown in Ottawa on January 19, 2018. THE CANADIAN PRESS/Sean Kilpatrick

The B.C. government will ask Canada’s high court Thursday to give it authority over what can flow through the expanded Trans Mountain pipeline from Alberta.

The case is a make-it-or-break-it affair for the multibillion-dollar project: If B.C. is allowed to prevent heavy oil from flowing through the pipeline, it would crush the expansion’s entire reason for being. It is also a significant case for the federal government, which bought the pipeline in 2018 when B.C.’s court challenge convinced Kinder Morgan Canada the political opposition created too much risk that the project would never be completed.

The federal government will argue that letting B.C. regulate what can flow through the pipeline would give the province a veto over interprovincial projects it doesn’t like, counter to the constitutional authority given to Ottawa over any transportation project that crosses provincial boundaries.

B.C.’s NDP government, which was elected in 2017 in part on a promise to oppose the expansion, acknowledges the Constitution but says B.C. has authority to protect its environment. There, the province argues it should be able to restrict heavy oil flows in the pipeline because it is B.C. that will bear the environmental brunt of any spill if the pipeline ruptures.

B.C. specifically wants to be able to require companies to get permits before shipping heavy oil through pipelines in B.C. A permit could be withheld if a company can’t show efforts to prevent a spill and policies to clean up and compensate if one does occur.

In a factum filed with the Supreme Court of Canada, the B.C. attorney general says “the heart of the Constitutional questions before this court” is whether B.C.’s authority to protect its own environment can include interfering in a federal project.

Last May, the B.C. Court of Appeal said it cannot.

B.C. is appealing that decision to the Supreme Court of Canada and the hearing is set for Thursday morning in Ottawa.

The expansion involves building a new pipeline roughly parallel to the existing one that runs between Edmonton and a marine terminal in Burnaby, B.C. The existing pipeline would continue to carry mostly refined products like gasoline, and light crude oil. The expansion, with almost twice the capacity, would ship diluted bitumen, a heavy crude oil produced in Alberta’s oilsands, to be loaded onto tankers for export.

If B.C. can prevent heavy oil from flowing through the new pipeline, there is no reason to build it.

KEEP READING: B.C. First Nation alleges feds withheld information in pipeline consultation

The expansion has been in the works for almost a decade and has become a political lightning rod for Canadians advocating for the phasing-out of fossil-fuel production in Canada to curb climate change and those fighting to support an industry that is a critical part of the economy.

Mia Rabson, 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

Bantam Broncs dish out annual awards

Story and photos of awards banquet held Jan. 16

Town trusts purchaser to complete stucco work on the former Kinsmen Centre

A short town council meeting Jan. 14 dealt with a number of… Continue reading

Burn ‘N’ Mahn Dueling Pianos Extreme show coming to Ponoka

Show will be held at the Ponoka Legion on Jan. 25

Revenue Canada, RCMP don’t accept Bitcoin: police

RCMP issue Bitcoin warning posters

VIDEO: Nickelback gears up for nostalgia tour

Canadian band joins Stone Temple Pilots for a summer tour that includes just one stop in Canada

Canadian law firm launches class action on behalf of Iran flight victims

Flight 752 was shot down by Iran shortly after take off

Energy companies owe more than double the tax to Alberta municipalities

Survey says communities are owed $173 million — up 114% since last spring

No gondola from Banff to Mount Norquay, feds say

Parks Canada dismisses proposal for gondola, Grizzly Pavilion and boardwalks

U.S. officials confirm first case of Wuhan coronavirus near Seattle

The U.S. is the fifth country to report seeing the illness

Nine times lucky? Alberta’s Northern Cree takes another shot at Grammy gold

The group originates from the Saddle Lake Cree Nation in northern Alberta

Tax revolt? Unpaid taxes from energy companies to Alberta towns more than double

The association says they are owed a total of $173 million

New post-secondary funding model in Alberta tied to performance measures

By 2022, up to 40 per cent of post-secondary funding could be linked to performance

Alberta bulldog breeder ordered to refund B.C. buyer over puppy’s behaviour

Tribunal ruled a verbal agreement to send a new dog superseded the written contract

Most Read