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

Princeton council abandons plans to develop Glenview Park

There will be no referendum over park versus housing

Roots and Blues online festival live tonight on Black Press Media

Tune in to Black Press Media to watch the festival live Aug. 14, 15 and 16

Okanagan COVID-19 case count growth slows

BCCDC data shows a stark contrast between Okanagan-specific numbers released in July and August

Okanagan connection to Canada’s favourite TV dog

There’s a voice, that keeps on calling me. Down the road, that’s… Continue reading

Okanagan Correctional Centre outbreak due to training session: Interior Health

Interior Health said in a statement the staff members were at an off-site training session

‘Don’t kill my mom’: Ryan Reynolds calls on young British Columbians to be COVID-smart

‘Deadpool’ celebrity responds to premier’s call for social influence support

Captain Horvat’s OT marker lifts Canucks to 4-3 win over Blues

Vancouver takes 2-0 lead in best-of-7 NHL playoff series with St. Louis

Vernon pedestrian struck dies from injuries

Emergency responders are on scene on Main Street near the CIBC, traffic affected

UPDATE: Fire in Lake Country a “smoke chase”

A water bomber reportedly took off from Penticton and is on the way to Lake Country

Kelowna man convicted of not paying taxes after turbulent trial

Man claims he doesn’t meet the definition of a ‘person’ under the federal Income Tax Act

Accused in Kelowna’s 2018 Canada Day killing granted bail more than 1.5 years later

Esa Carriere was stabbed to death during the Canada Day fireworks in downtown Kelowna in 2018

Widow of slain Red Deer doctor thanks community for support ahead of vigil

Fellow doctors, members of the public will gather for a physically-distanced vigil in central Alberta

Protesters showcase massive old yellow cedar as Port Renfrew area forest blockade continues

9.5-foot-wide yellow cedar measured by Ancient Forest Alliance campaigners in Fairy Creek watershed

Most Read