BC officiates continue their struggle with Alberta over TransMountain pipeline expansion-related issues. This time, a Calgary judge has stayed BC's attempt to block legislation that allows Alberta to stop the exportation of oil into the westernmost province.
In response to BC's legal measures to resist the pipeline expansion through its territory, Alberta passed legislation that would allow them to cut off oil shipments to the opposing province.
According to the introduction of a decision released Friday, regarding Bill 12, the "Turn Off the Taps legislation," David Eby claimed the legislation was a punishment.
"The Attorney General of British Columbia suggests that the true purpose of the Act, based on the statements of elected officials inside and outside the Alberta Legislative Assembly, is to punish the British Columbia government for its opposition to the Trans Mountain Expansion Project."
In the decision by Queen's Bench Justice Robert Hall, he said that BC doesn't have the right to take Alberta to court over legislation passed by the Alberta legislature.
Hall adds in his decision that “The only parties with standing to bring this action in this court are the (Attorney General of Alberta) and the (Attorney General of Canada) . . . federal court is the proper forum for this interprovincial dispute," citing the Federal Courts Jurisdiction Act that notes conflict between BC and other provinces are dealt with in the federal courts.
In an emailed statement, the BC Ministry of Attorney General said the province is reviewing Hall's decision. Additionally, it said BC has filed a similar case in Federal Court but has not heard whether it will be accepted.
“The Province has been clear that we will defend the interests of British Columbians,” the statement said. “We . . . look forward to the day that this legislation, which is unconstitutional and designed to punish people in B.C., is heard in court.”
A statement released Friday night on behalf of Alberta Energy Minister Sonya Savage said the province was “pleased” with the court ruling.
“We will continue to defend Alberta jobs and economic opportunity and look forward to making our case in Federal Court,” it said.
BC had previously asked the court to declare the legislation unconstitutional and grant an injunction that would prevent its implementation.
Since the TransMountain Pipeline's expansion's first approval in 2016, the two neighbouring province's have been locked in a dispute, which caused BC's wine sector to take a hit last year.
The TransMountain pipeline expansion was federally approved for a second time last month.
