CP rail line in Fraser Canyon. CP and CN both follow the canyon and Fraser Valley. Lack of pipeline capacity means more than 100 rail cars a week carrying Alberta diluted bitumen to Washington state refineries. (Wikimedia Commons)

B.C. VIEWS: Pipeline theatre on TV and in court

John Horgan doesn’t have a hope on Trans Mountain, and he knows it

Not since Glen Clark tried to take on the U.S. Navy’s nuclear submarine fleet has B.C. seen such a flamboyantly hopeless effort as Premier John Horgan’s anti-pipeline theatre.

Inserting himself into a fisheries dispute between Canada and the U.S. in 1999, then-premier Clark tried to ban U.S. subs from using the provincially owned Nanoose Bay torpedo testing range off Vancouver Island. In response, then-prime minister Jean Chretien expropriated the area, returning it a couple of years later after the B.C. NDP was reduced to two seats and the province came under adult supervision.

Horgan’s on a similar path.

“We’re in court, we’re going to stay in court,” Horgan said as he prepared to fly to Ottawa to meet Alberta Premier Rachel Notley and Prime Minister Justin Trudeau on Sunday.

Yes, they’re in court, barely. Last summer, the newly minted NDP government sneaked in as an “intervener” in the latest challenge of the Trans Mountain pipeline expansion. Horgan’s chosen lawyer, Tom Berger, got grudging approval from the Federal Court of Appeal.

The case is a combination of several brought by the usual environmental groups and dissident aboriginal and non-aboriginal communities, unconcerned about the dozens of communities that want the project. As Notley likes to remind Horgan, it’s the 15th case against the federal approval of Trans Mountain, and the score is 0-14.

In granting intervener status last August, Justice David Stratas warned B.C. that it can’t bring new evidence, and if it plays politics it will be booted out. Stratas rebuked the province for taking five weeks to get its case together, and even then, it didn’t spell out what arguments it wants to make.

The province, meaning Horgan and Berger, “does not appear to understand the basic ground rules of the complex proceeding it is seeking to enter,” the judge wrote. Ouch.

Berger is best known for taking years to grind the Mackenzie Valley gas pipeline to a halt back in the 1970s, and for a brief stint as B.C. NDP leader. Perhaps bringing him out of retirement at age 84 wasn’t the best idea.

Horgan’s team has also hired the NDP’s current go-to lawyer, Joe Arvay, to cook up a court reference question. So far he hasn’t even figured out which level of court to take it to. If and when he does, it could be a year or more before it’s heard.

The reference case was Horgan’s hasty fall-back position after Environment Minister George Heyman triggered a trade war with Alberta by announcing a plan to restrict diluted bitumen transport in B.C. Heyman still insists he can do this, including restrictions on oil by rail, another federal jurisdiction.

Washington state’s ecology department reports that rail shipments of Alberta heavy crude to its refineries have been rising since they started in 2012. As of 2017, a typical week would see 80 to 120 diluted bitumen rail cars rolling down the Fraser Canyon to Bellingham.

This is the practical effect of NDP and B.C. Green support for the U.S.-backed protest “hive” that targets pipeline projects across Canada. Oil is moving onto riskier trains, refining continues in the U.S. and increasingly expensive gasoline and diesel are sold back into B.C.

Opposition MLAs have been trying to pin Heyman down on how far he will go to stop the pipeline. He finally admitted that as soon as the NDP took office, lawyers told them they have no chance and should not even say publicly that they are trying.

All this sound and fury signifies nothing.

Tom Fletcher is B.C. legislature reporter and columnist for Black Press. Email: tfletcher@blackpress.ca

@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Four teams left standing in fight for Surrey RCMP Classic basketball championship

School squads in all-Surrey tourney prep for Friday semifinals at Enver Creek gym

South Surrey woman mastering the stuff that matters

KonMari method, developed in Japan, draws on heart connection

Daredevil changes game plan to jump broken White Rock pier

Brooke Colby tells council daredevil event would help boost waterfront business

B.C. storm totals $37M in insured damages

The December storm wreaked havoc on B.C.’s south coast

White Rock RCMP catch break-and-enter suspects

Police arrested two suspects on the 1400-block of George Street

VIDEO: Drone flies with sandpipers over Semiahmoo Bay

YouTuber uses a drone to get close with fling of sandpipers

Chiasson nets shootout winner as Oilers edge Canucks 3-2

Edmonton moves one point ahead of Vancouver

B.C. chief says they didn’t give up rights for gas pipeline to be built

Hereditary chief: no elected band council or Crown authority has jurisdiction over Wet’suwet’en land

Thieves steal thousands from 140 Coast Capital Savings members

Online fraud tactics included phising and ‘brute force’ in November and December

Condo rental bans may be on way out with B.C. empty home tax

Many exemptions to tax, but annual declarations required

UPDATE: B.C. boy, aunt missing for three days

The pair are missing from Kamloops

Man, two children sent to hospital after Vancouver carbon monoxide leak

Nine people were evacuated from the home in south Vancouver

Dog shot in foot with BB gun during cellphone sale at SkyTrain station

William Ayers, 28, is facing a number of charges after incident in Burnaby

Most Read

l -->