A Vancouver-based environment charity is readying itself to go back to court if — or they believe when — the federal government reapproves the Trans Mountain pipeline expansion next year. Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton, Thursday, April 6, 2017. (Jonathan Hayward/The Canadian Press)

Five takeaways from the Court of Appeal ruling on B.C.’s pipeline law

It’s unclear how many tools are left in B.C.’s toolbox to fight the project

The British Columbia Court of Appeal ruled Friday that the province did not have the authority to restrict shipments of diluted bitumen through its borders. Here are five takeaways from the decision and its impacts:

1. Provinces cannot bring in legislation that interferes with the federal government’s exclusive jurisdiction over interprovincial pipelines.

While the B.C. government did not dispute that the federal government was responsible for cross-boundary infrastructure projects, it argued that it should also be allowed to bring in legislation to protect its lands and waters from the environmental risks. The court disagreed, ruling the proposed legislation interfered with federal government’s powers and that the National Energy Board is the body entrusted with regulating the flow of resources across Canada.

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

2. The court found B.C.’s legislation was aimed directly at the Trans Mountain pipeline expansion.

B.C. argued that its proposed legislative amendments were meant to protect its environment, while the federal government and Alberta argued the goal was to block or delay the Trans Mountain project. Justice Mary Newbury wrote on behalf of a five-judge panel that the proposed amendments were targeted at one substance, heavy oil, in one interprovincial project: the Trans Mountain expansion.

3. B.C. still wants to take its chances before the Supreme Court of Canada.

Although the panel unanimously agreed that the proposed legislation was unconstitutional, B.C. still plans to appeal to the highest court. B.C. Attorney General David Eby said his government originally wanted to take the case straight to the Supreme Court, but the federal government declined to co-operate and so B.C. had to first file it in the provincial Appeal Court. He said the Supreme Court of Canada has overturned unanimous B.C. Appeal Court decisions in the past.

4. Alberta Premier Jason Kenney and former premier, Rachel Notley, are celebrating the decision as a win for the province.

Kenney said he hopes the B.C. government will respect the rule of law and end its “campaign of obstruction,” adding that the project would be a “win-win” for both B.C. and Alberta in creating jobs and increasing the flow of natural resources. Notley, now leader of the NDP Opposition, said she used a ban on B.C. wines last year to “force” the province to take the reference case to court. “Turns out B.C.’s toolbox was more Fisher Price than DeWalt,” she said, referring to B.C. Premier John Horgan’s statement that the government would use every tool in the toolbox to protect the coast from a potential spill.

5. It’s unclear how many tools are left in B.C.’s toolbox to fight the project.

Eby did not directly answer a question about what else his government would do to oppose the pipeline, as he maintained B.C.’s legislation was about protecting its environment and that the Supreme Court of Canada would have the final say. But Peter McCartney, a climate campaigner with the Wilderness Committee, said there was plenty B.C. could do to halt or delay the project, including adding conditions to its provincial environmental certificate or ordering a public health and safety review of the project.

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

Alberta reports just seven new COVID-19 cases

‘Today’s numbers mark an occasion to be celebrated’

PHOTOS: Sylvan Lake grads celebrate amidst pandemic

A group of local businesses band together to throw two days worth of celebrations for the graduates

Sylvan Lake RCMP continue to search for missing man

43-year-old Steven Michael Hull is still missing and Sylvan Lake RCMP are seeking public assistance

Poplar Ridge School receives county funding for new playground equipment

Two new gaga ball pits and a resurfaced basketball court will be going in at Poplar Ridge School

Visitor pay parking returns to Sylvan Lake

Visitor pay parking areas in the downtown and lakeshore areas is once again in effect

Facing changes together: Your community, your journalists

Sylvan Lake News is firmly committed to seeing you through the changes ahead, but we need your help

Facing changes together: Your community, your journalists

Sylvan Lake News is firmly committed to seeing you through the changes ahead, but we need your help

Implementation of Divorce Act reforms delayed eight months by pandemic

Implementation of Divorce Act reforms delayed eight months by pandemic

Canada’s James Hinchcliffe ready for Genesys 300 as IndyCar takes the stage

Canada’s James Hinchcliffe ready for Genesys 300 as IndyCar takes the stage

Racial unrest achingly familiar for Jenkins, other Canadian black athletes

Racial unrest achingly familiar for Jenkins, other Canadian black athletes

Colonial attracts top 5 in the world in return to PGA Tour

Colonial attracts top 5 in the world in return to PGA Tour

Canadian Felicia Spencer makes weight ahead of UFC 250 title bout with Nunes

Canadian Felicia Spencer makes weight ahead of UFC 250 title bout with Nunes

P.E.I. on verge of resuming soccer, with CPL possibly coming to play

P.E.I. on verge of resuming soccer, with CPL possibly coming to play

US will allow limited flights by Chinese airlines, not a ban

US will allow limited flights by Chinese airlines, not a ban

Most Read