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

Just Posted

PHOTOS: Check out the bells and whistles added to Westhills Stadium

Rick Stiebel/News Staff Clusters of tradespeople buzzing around busy with last-minute preparations… Continue reading

Saanich approves new eight- and 11-storey residence buildings for UVic

Residents also supported the environmentally friendly residences

‘Listen to your body:’ Saanich woman fights to have breast implants removed

Woman struggles to find doctor to remove Allergan textured implants, recently linked to rare cancer

Police find shoes, backpack of the man found dead in Saanich

Officers credit public’s help, continue to seek information

Ravens Crossing breaks ground on happy Hygge cohousing project

Speeches, music and a blessing as 80 people attend start of Danish-style development

VIDEO: Could we BE any more excited? ‘Friends’ fans go crazy for merch

Movie theatres will show select episodes to mark the NBC series’ 25th anniversary

Sooke’s Old-Fashioned Country Picnic set for Saturday

The free event combines music, kids activities, food and fun

Vancouver Island RCMP hunt for man after pair of indecent exposure incidents

Elderly Qualicum Beach woman grabbed by man who had been masturbating in the woods

Bodies of two missing Surrey men found near Ashcroft

Ryan Provencher and Richard Scurr have been missing since July 17

Pile of wood mulch ‘spontaneously combusts’ at Vancouver Island industrial site

Business owner thanks fire department for quick response

Five hedgehogs quickly adopted after being left at BC SPCA

Lucky new owners picked up their pets from Maple Ridge branch on Aug. 20

B.C. cricket players get interrupted by racist remark

Community has had protocols in place for years to respond to prejudice

Groovy B.C. wedding a throwback to Woodstock ‘69

Couple hosts themed wedding 50 years after legendary festival

Most Read