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

John Horgan doesnB次元官网网址檛 have a hope on Trans Mountain, and he knows it
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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)

Not since Glen Clark tried to take on the U.S. NavyB次元官网网址檚 nuclear submarine fleet has B.C. seen such a flamboyantly hopeless effort as Premier John HorganB次元官网网址檚 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.

HorganB次元官网网址檚 on a similar path.

B次元官网网址淲eB次元官网网址檙e in court, weB次元官网网址檙e going to stay in court,B次元官网网址 Horgan said as he prepared to fly to Ottawa to meet Alberta Premier Rachel Notley and Prime Minister Justin Trudeau on Sunday.

Yes, theyB次元官网网址檙e in court, barely. Last summer, the newly minted NDP government sneaked in as an B次元官网网址渋ntervenerB次元官网网址 in the latest challenge of the Trans Mountain pipeline expansion. HorganB次元官网网址檚 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, itB次元官网网址檚 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 canB次元官网网址檛 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 didnB次元官网网址檛 spell out what arguments it wants to make.

The province, meaning Horgan and Berger, B次元官网网址渄oes not appear to understand the basic ground rules of the complex proceeding it is seeking to enter,B次元官网网址 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 wasnB次元官网网址檛 the best idea.

HorganB次元官网网址檚 team has also hired the NDPB次元官网网址檚 current go-to lawyer, Joe Arvay, to cook up a court reference question. So far he hasnB次元官网网址檛 even figured out which level of court to take it to. If and when he does, it could be a year or more before itB次元官网网址檚 heard.

The reference case was HorganB次元官网网址檚 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 stateB次元官网网址檚 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 B次元官网网址渉iveB次元官网网址 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


tfletcher@blackpress.ca

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