The Federal Court has granted the B.C. government a temporary injunction against Alberta’s turn-off-the-taps legislation.
The Alberta bill, which would allow the province to cut oil and gas shipments to other provinces, was proclaimed into law this spring by Premier Jason Kenney, who says it would only be used if B.C. blocked the Trans Mountain pipeline.
WATCH: (Aired June 28, 2019) Alberta’s ‘turn off the taps’ legislation heads to court
Justice Sebastien Grammond says Alberta’s so-called turn-off-the-taps legislation raises a serious issue and could cause irreparable harm to the residents of B.C.
WATCH: Nigel Bankes, chair of Natural Resources Law and the University of Calgary, joins Dallas Flexhaug to discuss the injunction granted to B.C. against Alberta’s turn-off-the-taps legislation.
The court says B.C. has met the test for blocking the new law until a final judgment is rendered at a later date, including appeals.
Calling the injunction an “important win for British Columbia,” Attorney General David Eby says he is pleased “we will be going ahead in the Federal Court.”
WATCH BELOW: Global News coverage of Alberta Premier Kenney’s “turn off the taps” proclamation.
The Alberta Court of Queen’s Bench previously stayed a lawsuit by the B.C. government seeking to challenge the legislation, ruling B.C. didn’t have standing to argue the case in the Alberta court and that the lawsuit should have been filed in Federal Court. B.C. filed a mirror case in Federal Court anticipating such an outcome.
The contentious legislation grew out of a conflict between the two provinces over the future of the Trans Mountain pipeline expansion.
In January 2018, B.C. proposed restricting the flow of bitumen within its borders, arguing it posed an environmental threat.
READ MORE: Jason Kenney cites ‘deep frustration’ as Alberta’s ‘turn off the taps’ law proclaimed
Alberta took that as a direct attempt to stop the Trans Mountain pipeline, citing the B.C. NDP’s campaign promise to use “every tool in the toolbox” to stop the project.
Former Alberta premier Rachel Notley’s government passed the bill in 2018 but never proclaimed it into force.
B.C. attempted to challenge the law in 2018, but the court ruled that the effort was premature as the bill had not yet been proclaimed yet.
After Kenney proclaimed the law this spring, B.C. re-filed the challenge.
The court granted the injunction to B.C. with costs.
The full Federal Court decision can be read here.
WATCH BELOW: Alberta will not be turning off the taps any time soon. A federal court granted an injunction against the controversial piece of legislation. Tom Vernon has the reaction.
— With files from Simon Little and the Canadian Press