FILE – B.C. Attorney General David Eby at Legislature in Victoria, B.C., on Thursday, May 9, 2019. (THE CANADIAN PRESS/Chad Hipolito)

B.C.’s fight to regulate bitumen through pipelines to go to Canada’s top court

BC Appeal Court judges found B.C. cannot restrict bitumen flow along Trans Mountain pipeline

B.C.’s NDP government will be appealing a BC Appeal Court ruling where a five-judge panel unanimously agreed that the province has no constitutional right to restrict the transport of bitumen through inter-provincial pipelines.

READ MORE: Court says B.C. can’t restrict oil shipments in key case for Trans Mountain

Attorney General David Eby announced in Vancouver Friday, just a few hours after the court decision was released, that the case would be brought to the Supreme Court of Canada.

“While we are disappointed with the decision, our courts have an important role to play in upholding the rule of law. That is why we referred this question to the courts in the first place,” he told reporters.

“We continue to believe we have the ability and authority to protect our environment and economy, so we will exercise our right to appeal to the Supreme Court of Canada.”

Reference cases are automatically heard by Canada’s top court.

Premier John Horgan called the decision disappointing while at an unrelated funding announcement in Kelowna.

The decision by the BC Appeal Court notably marks a win for the Trans Mountain pipeline expansion, which has been a contentious project pitting Alberta and B.C. politicians and tax payers against one another.

Prime Minister Justin Trudeau’s government has purchased the Trans Mountain pipeline and expansion project for $4.5 billion. Construction was paused last August after the Federal Court of Appeal overturned the federal permits.

The project would triple the pipeline’s capacity to carry diluted bitumen from the Edmonton area to Metro Vancouver, and increase the number of tankers in Burrard Inlet seven-fold.

The province had filed a constitutional reference question to the B.C. Court of Appeal that asked whether it had the authority to create a permitting regime for companies that wished to increase their flow of diluted bitumen.

A five-judge panel agreed unanimously that the amendments to B.C.’s Environmental Management Act were not constitutional because they would interfere with the federal government’s exclusive jurisdiction over inter-provincial pipelines.

READ MORE: B.C. legislation only applies to Trans Mountain, pipeline proponent argues

READ MORE: Big court ruling could set Trans Mountain pipeline’s fate: experts

Justice Mary Newbury wrote on behalf of the panel that the substance of the proposed amendments were to place conditions on and, if necessary, prohibit the movement of heavy oil through a federal undertaking.

Former Alberta premier Rachel Notley was quick to comment on the court decision.

“Turns out B.C.’s toolbox was more Fisher Price than DeWalt. This is a good day for people with toolboxes all across Canada,” she wrote.

With files from Laura Kane, The Canadian Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Penticton bylaw officers tear down homeless man’s camp

Bylaw had “serious” safety and fire concerns about the dwelling in the Skaha Lake parking lot.

Interior Health leading the way with innovative therapy for stroke patients

Percentage of ischemic stroke patients who received treatment has risen dramatically

The marrying of magic and dance – Celtic Illusion

Tickets still available for the Celtic Illusion show which starts at 8 p.m. this Saturday at SOEC

Property purchased by City of Penticton to alleviate congestion

Property purchased for $1,460,000 will soon be demolished to solve traffic problems.

VIDEO: Minister says consider coronavirus outbreak when planning for spring break

Foreign Affairs minister points to rash of new cases appearing in places like Italy and Iran

Donations pour in for family who lost father, son in fatal crash on B.C. highway

Mike Cochlin and sons Liam and Quinn were travelling on Highway 5A

Beer and burgers to raise cash for Vernon man fighting cancer

Fundraiser hosted in honour of Garnet the Great to send him to special treatment centre

HERGOTT: Idiocy of distracted driving

Paul Hergott is a personal injury lawyer based in West Kelowna

Kelowna man arrested after all-night crime spree

Shawn Bell, 33, is facing seven charges for incidents committed within a 24-hour span

Hollywood actor Chris Pratt shows Kamloops love on social media

The filming of Jurassic World 3 is underway in Merritt and area

B.C. man who pulled a gun on off-duty cop gets two years in prison

Encounter also led police to a home where 100 guns and explosives were found

Flip-flopping pleas in Surrey woman’s 2018 murder in West Kelowna

Following an shocking guilty plea on Feb. 25, Tejwant Danjou applied to retract that plea on Feb. 26

Neskonlith chief lays blame for ongoing protests at feet of Justin Trudeau

Secwepemc leader hopes others will follow CP’s lead in asking prime minister to talk to Wet’suwet’en

Most Read