B.C. is taking legal action against Alberta over the bill allowing Alberta to cut off oil and gas to B.C.
B.C. Attorney General David Eby says the province filed a legal motion on Tuesday after failing to convince Alberta to refer their law to the courts as B.C. has done.
“Today’s filing came after we repeatedly called on Alberta not to move forward with blatantly unconstitutional legislation. We asked them instead to refer the matter to their courts as we had done with our legislation that they had concerns about,” said Eby. “We also proposed that the federal government step in and bring all outstanding legal matters between B.C. and Alberta to the Supreme Court of Canada. This would fast track resolution of the inter-provincial dispute. It would bring finality and it would bring certainty. Unfortunately, both Alberta and Canada refused our proposals.”
In a separate case, the B.C. government is asking the B.C. Court of Appeal to determine whether it can pass legislation that would require companies to get permits from the provincial government before increasing the flow of bitumen through the province. If the appellate court approves, the new provincial rules would derail the Trans Mountain pipeline expansion project.
WATCH: ‘I think they’re fooling themselves’: Rachel Notley on B.C.
The B.C. government has been locked in an ongoing dispute with Alberta over the Trans Mountain expansion. Alberta introduced Bill 12 as a way to get British Columbia out of the way of blocking the pipeline. Cutting oil flow to B.C. is expected to cause gas prices at the pumps to go up.
WATCH: David Eby explains why B.C. is taking legal action against Alberta?
“We believe it would be reckless and extreme if Alberta used the powers they granted themselves in Bill 12, especially when there is an outgoing constitutional challenge,” said Eby. “However if Alberta did take the remarkable step of using the law we are ready to file an immediate injunction.”
LISTEN: Danielle Smith talks with Vaughn Palmer about the legal action BC is taking against Alberta
Kinder Morgan has imposed a May 31 deadline on the federal government to ensure that B.C. is on board with the $7.4-billion Trans Mountain pipeline expansion. The expansion would nearly triple the volume of bitumen flowing through the pipeline to Burnaby, B.C., from north of Edmonton.
WATCH HERE: ‘It’s not business as usual’: Rachel Notley explains decision to skip western premiers’ meeting
Alberta Premier Rachel Notley was supposed to be on her way to Yellowknife on Tuesday to participate in the Western Premiers’ meetings. Instead she decided to drop out of the meetings and focus on the pipeline deadline. When asked about the pending legal challenge, Notley said she was not surprised the claim was filed but is surprised by B.C.’s legal strategy.
“On one hand they don’t want our oil and on the other hand they are suing us to get our oil,” said Notley. “It’s probably premature but we appreciate them sharing their arguments with us in advance. We will let the courts work this out.”
WATCH HERE: Alberta Premier says she will not let B.C. play ‘legal rope a dope’ with pipeline
Notley says Alberta is frustrated with B.C. because there is no ‘end point’ when it comes to the Trans Mountain dispute. The Alberta premier adding that lack of an end point was the reason her government added Bill 12 on top of the ban on B.C. wine.
“If we thought that was the very last thing they would do, we would have probably moved on. But they can’t make that commitment,” said Notley. “They are still reserving the right to play legal rope-a-dope until the cows come home.”
The British Columbia government has also been criticized by both Alberta and the federal government for drawing out the pipeline fight by using the courts. Eby has estimated that it could take years for the courts to rule on Bill 12 and the constitutional question around restricting the flow of bitumen.
“So we hear the federal government, the government of Alberta, and Kinder Morgan continue to allege that any delays in their project are maliciously the fault of the B.C. government,” said Eby. “Now, I think the evidence points to the contrary, but, regardless, we will continue to stand up for our coast, our economy, and the people of B.C., and we will do so responsibly and within the confines of the law.”
WATCH HERE: Alberta Premier responds to B.C. legal action against Bill 12
The federal government has responded to the legal battle in a statement. Ottawa is vowing to continue work with Kinder Morgan towards a deal that ‘is fair for their shareholders, and right for Canadians’.
“This is a decision made by the Government of British Columbia,” said Alexandre Deslongchamps, the press secretary for Natural Resources Minister Jim Carr. “The Transmountain Expansion will create thousands of good, well-paying jobs for Canadians, greater investor confidence, and a fair price for our natural resources.”
Watch below: A new legal development is unfolding as Alberta and B.C. remain firm in their opposing views of the Trans Mountain pipeline expansion project. As Tom Vernon reports, the latest court battle comes as Rachel Notley skips a meeting between other western Canadian premiers.