Trans Mountain pipeline Anchor Loop project, completed through Jasper National and Mt Robson Provincial Parks in 2008. (Black Press Media files)

VIDEO: B.C. gets injunction against Alberta’s ‘turn-off-the-taps’ law

Judge says bill must be blocked until courts can decide validity

A Federal Court judge has granted the B.C. government a temporary injunction against an Alberta law that could have limited oil exports to other provinces.

In a decision released Tuesday, Justice Sebastien Grammond said Alberta’s so-called turn-off-the-taps legislation raises a serious issue.

“British Columbia … has demonstrated that an embargo of the nature evoked by the members of Alberta’s legislature when debating the act would cause irreparable harm to the residents of British Columbia.”

The B.C. government initially brought the action before Alberta’s Court of Queen’s Bench, which passed it to the Federal Court.

Alberta tried to strike the action by arguing that it wasn’t in the jurisdiction of the Federal Court, but the judge dismissed that motion. Grammond said B.C. has met the test for blocking the law until the courts can decide its validity.

READ MORE: Alberta judge denies B.C.’s bid to block ‘Turn Off the Taps’ bill

B.C. Attorney General David Eby said he’s pleased the case will be going to trial.

“We think it’s quite a straightforward case, but the ultimate decision will, of course, be up to the court,” he told reporters in Vancouver, adding that B.C. doesn’t believe Alberta can restrict the flow of refined product to other provinces to punish them for political positions it doesn’t like.

Alberta Premier Jason Kenney said they’re reviewing the decision to determine whether to appeal or make changes to bring the law into compliance.

“We as a government will do everything that we can within the law to protect the value of our natural resources,” he told reporters in Edmonton.

The turn-off-the-taps legislation gives Alberta the power to crimp energy exports from the province.

The law was passed, but never used, by Alberta’s former NDP government as a way to put pressure on B.C. to drop its fight against the Trans Mountain oil pipeline expansion to the West Coast.

The new United Conservative government proclaimed it into force shortly after Kenney was sworn into office in April, but he had said it wouldn’t be used unless B.C. throws up further roadblocks to the pipeline.

B.C. had called the law a loaded gun and asked the courts to make sure it didn’t accidentally go off.

Grammond said in his decision that members on both sides of the Alberta legislature explained the law’s purpose in relation to the B.C. government’s actions on the Trans Mountain expansion project.

“These statements make it abundantly clear that the purpose of the act is to inflict economic harm to British Columbia,” he said.

An embargo, he said, would not only cause a considerable increase in the price of gas and diesel in the province, but any fuel shortages could also endanger public safety.

The Trans Mountain expansion, first approved in 2016, would triple the amount of oil flowing from the oilsands to B.C.’s Lower Mainland and from there to lucrative new markets across the Pacific.

The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Carsen Gray set to launch first children’s book co-created with mom Lynn Hughan

Gray, Hughan launch ‘Twelve Months of Fun on Haida Gwaii with Mattie and Jojo’ on July 23

Federal government urged to protect rare moss clinging to life on Moresby Island cliff

Scientists say small patch of slender yoke-moss struggling to survive on square metre of limestone

Southern section of QC Main temporarily closing this month

QC Main (South) will be closed to all traffic at about 5 kilometres from July 21 to 28

From the archives of the Haida Gwaii Observer

50 YEARS AGO (1970): Nine of 12 entries in the Beach Buggy… Continue reading

BC Ferries reopens limited hot food service between Haida Gwaii, Prince Rupert

Release on July 8 says hot food will be served in packaging

VIDEO: Masset Dance Troupe presents beachfront ‘promenade performance’

Troupe performed ‘A Mid Summer Day’s Dream’ for family, friends on July 4 and 5

B.C. NDP changing WorkSafeBC regulations to respond to COVID-19

Employers say reclassifying coronavirus could be ‘ruinous’

Baby raccoon rescued from 10-foot deep drainage pipe on Vancouver Island

‘Its cries were loud, pitiful and heartbreaking,’ Saanich animal control officer says

Statistical flaws led to B.C. wolf cull which didn’t save endangered caribou as estimated

Study finds statistical flaws in an influential 2019 report supporting a wolf cull

Windows broken, racist graffiti left on Okanagan home

Family says nothing like this has happened since they moved to Summerland in 1980s

B.C. man who went by ‘Doctor Ray Gaglardi’ charged with sex assault of teenage boys

The man, 75, is accused of assaulting teenage boys he met through Coquitlam-area churches

B.C.’s potential deficit $12.5 billion as spending spikes, taxes drop

Finance Minister Carole James gives COVID-19 outlook

Canadians torn on scaling back COVID-19 benefits to save money: poll

Of those surveyed, 78 per cent said they were worried about the size of the deficit

‘Trauma equals addiction’: Why some seek solace in illicit drugs

Part 2: Many pushed into addiction by ‘toxic stress,’ says White Rock psychologist

Most Read