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.

Just Posted

Out with a roar: Dinosaurs take over forest at Surrey school on last week of class

Six colourful creatures painted by Grade 3 students led youngsters on an expedition in the outdoor classroom

Surrey city council cost taxpayers nearly $1M in 2018

That includes more than $151,372 in expenses from the former council

Animal advocates yowl after Delta cat severely injured in trap

Blu, a three-year-old house cat, suffered severe damage to his hind leg after being stuck in trap for days

Judge adjusts Charter award in RCMP assault case in Surrey

Former Surrey hotel manager was awarded $65,000 in damages after RCMP assaulted him

‘Epic’ Surrey Pride party to celebrate 20th anniversary at Central City Plaza

Planners of family-friendly event don’t welcome nudity

VIDEO: Killer whale steals fisherman’s catch off North Coast

Fishing duel results in eager orca snagging salmon in Prince Rupert

Fate of accused in Canadian couple’s 1987 killings in jury’s hands

William Talbott’s lawyer says DNA doesn’t prove murder

Child killed after being hit in driveway on Vancouver Island

The driver of the vehicle remained at the crash scene and is fully cooperating

Eating sandwiches, putting on makeup behind the wheel could land you a fine

RCMP say if you cause an accident while eating you could be penalized

40 cats surrendered in apparent hoarding at B.C. home

Officers found the cats living among piles of garbage and feces, suffering from fleas

Vancouver Aquarium drops cetacean ban lawsuit in new lease agreement

Ocean Wise CEO Lasse Gustavsson called the updated lease an exciting new chapter for the aquarium

Plane veers off runway, into ditch at Langley Airport

Fire, ambulance, and police are on scene

Okanagan RCMP bike patrol rolls up on alleged stolen vehicle from Burnaby

The driver, a 30-year-old Kelowna man, has been held in custody and is facing possible charges of possession of stolen property and obstructing a police officer

Man arrested after pimping investigation in Whistler

A 44-year-old man has been charged with procuring and benefiting from sexual services

Most Read

l -->