B.C. premier knows he has no legal power to block Trans Mountain. But that\u2019s not stopping him<\/a><\/li>\n<\/ul>\nCalgary Senator Doug Black, an energy lawyer, said it\u2019s been obvious for months Horgan\u2019s intentions are not legitimate.<\/p>\n
\u201cThey are endeavouring to use the courts inappropriately as a tool,\u201d he said. \u201cThey are not interested in the law. They are interested in delay and frustrating.\u201d<\/p>\n
Law-abiding British Columbians should be concerned by revelations this week that their premier has known since his first days as the head of government last summer that his top campaign pledge \u2014 to \u201cuse all tools in the toolbox\u201d to kill the project \u2013 was legally indefensible.<\/p>\n
Here\u2019s how George Heyman, the environment minister, spilled the beans following relentless questioning from Liberal Mike de Jong in the Victoria legislature this week:<\/p>\n
\u201cWhen the Premier offered me the position of minister of environment and climate change strategy, and asked if I was interested and had a discussion with me about what I would see in my mandate letter, he was very clear that as part of transition, he had been given the legal advice that stopping the project was beyond the jurisdiction of B.C., and to talk about it or frame our actions around doing that, as opposed to defending B.C.’s coast through a variety of measures that were within our jurisdiction, would be inappropriate and unlawful.\u201d<\/p>\n
That\u2019s why, Heyman said, his government\u2019s strategy has switched to \u201capply conditions that are attached to the environmental assessment, a certificate, and to propose regulations to defend B.C.’s coast, but it is not appropriate to “stop the project” or to delay the project through anything other than even-handed consideration of permit applications. That is what we have tried to do at every step of the way.\u201d<\/p>\n
The problem is Horgan has continued to threaten to do whatever it takes to stop the project, while being dismissive of concerns he\u2019s pushing the country into a constitutional crisis and exposing British Columbians to billions in liability if project proponent Kinder Morgan Canada Ltd. pulls out and sues to recover its losses. The company has already halted work and threatened to walk away, blaming continuing harassment from the B.C. government.<\/p>\n
Horgan’s explanation: \u201cWe said during the election campaign that we felt the National Energy Board process was flawed,\u201d he said in the legislature. \u201cAnd it turns out that the federal government agrees. After they made the flawed decision on Kinder Morgan, the federal government is now rewriting the National Energy Board processes, because they recognize they’re inadequate. I say, for British Columbians, we shouldn’t have to take the last bad decision by the NEB. We should revisit this thing in the interest of British Columbia to defend our coast and defend our interests.\u201d<\/p>\n
It could get worse for Horgan. The Federal Court of Appeal is expected to rule any day on a challenge of the National Energy Board permit to build the Trans Mountain expansion based on claims that Ottawa failed to properly consult Indigenous communities and others. Horgan joined that challenge last fall and is counting on a victory. So far Trans Mountain has won in court 14 to 0 and the Alberta government, which sided with Trans Mountain, is very confident the court will uphold the permit.<\/p>\n
Horgan has another legal Hail Mary pass up his sleeve, a reference case to determine whether B.C. has any jurisdiction over Trans Mountain. So far nothing has been filed and the court hasn\u2019t been determined, Heyman said.<\/p>\n
In contrast, here\u2019s what is really happening, legally and otherwise, that could seriously clip Horgan’s wings: On Monday, Alberta will put in motion legislation to cut off oil supplies to B.C., a measure that is expected to boost already high gasoline prices in the Lower Mainland.<\/p>\n
On Tuesday, the Senate will continue debate on a bill introduced by Senator Black to declare the Trans Mountain pipeline expansion a work for the general advantage of Canada. If passed, Black said it would give Ottawa complete control and force Horgan to stand down. \u201cThen he can sputter all he wants, but he can\u2019t do anything to imperil the project,\u201d Black said.<\/p>\n
Other measures are also being considered, such as government investment in the pipeline and cutting off $4.1-billion in federal infrastructure funding in B.C.<\/p>\n
It\u2019s possible Trudeau has convened the meeting just to show Canadians he\u2019s on top of the file. Expectations of a truce are low. Horgan has already said: \u201cThere is nothing to stand down from. We are in court. We are going to stay in court.\u201d Indeed.<\/p>\n
One of the big problems with Canada\u2019s pipeline struggles is that it costs little or nothing to oppose them. The Prime Minister can fix that by making it clear on Sunday that opposition to a lawfully approved project \u2013 such as the one incited by Horgan \u2014 comes with consequences.<\/p>\n
\u2022 Email: ccattaneo@nationalpost.com<\/a> | Twitter: