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B.C.B次元官网网址檚 fight to regulate bitumen through pipelines to go to CanadaB次元官网网址檚 top court

BC Appeal Court judges found B.C. cannot restrict bitumen flow along Trans Mountain pipeline

B.C.B次元官网网址檚 NDP government will be appealing a BC Appeal Court ruling where a five-judge panel unanimously agreed that the province has no constitutional right to restrict the transport of bitumen through inter-provincial pipelines.

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Attorney General David Eby announced in Vancouver Friday, just a few hours after the court decision was released, that the case would be brought to the Supreme Court of Canada.

B次元官网网址淲hile we are disappointed with the decision, our courts have an important role to play in upholding the rule of law. That is why we referred this question to the courts in the first place,B次元官网网址 he told reporters.

B次元官网网址淲e continue to believe we have the ability and authority to protect our environment and economy, so we will exercise our right to appeal to the Supreme Court of Canada.B次元官网网址

Reference cases are automatically heard by CanadaB次元官网网址檚 top court.

Premier John Horgan called the decision disappointing while at an unrelated funding announcement in Kelowna.

The decision by the BC Appeal Court notably marks a win for the Trans Mountain pipeline expansion, which has been a contentious project pitting Alberta and B.C. politicians and tax payers against one another.

Prime Minister Justin TrudeauB次元官网网址檚 government has purchased the Trans Mountain pipeline and expansion project for $4.5 billion. Construction was paused last August after the Federal Court of Appeal overturned the federal permits.

The project would triple the pipelineB次元官网网址檚 capacity to carry diluted bitumen from the Edmonton area to Metro Vancouver, and increase the number of tankers in Burrard Inlet seven-fold.

The province had filed a constitutional reference question to the B.C. Court of Appeal that asked whether it had the authority to create a permitting regime for companies that wished to increase their flow of diluted bitumen.

A five-judge panel agreed unanimously that the amendments to B.C.B次元官网网址檚 Environmental Management Act were not constitutional because they would interfere with the federal governmentB次元官网网址檚 exclusive jurisdiction over inter-provincial pipelines.

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Justice Mary Newbury wrote on behalf of the panel that the substance of the proposed amendments were to place conditions on and, if necessary, prohibit the movement of heavy oil through a federal undertaking.

Former Alberta premier Rachel Notley was quick to comment on the court decision.

B次元官网网址淭urns out B.C.B次元官网网址檚 toolbox was more Fisher Price than DeWalt. This is a good day for people with toolboxes all across Canada,B次元官网网址 she wrote.

With files from Laura Kane, The Canadian Press



About the Author: Ashley Wadhwani-Smith

I began my journalistic journey at Black Press Media as a community reporter in my hometown of Maple Ridge, B.C.
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