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CALGARY – A judge denied the British Columbia government's request to declare an Alberta law that could restrict the arrival of refined petroleum products in British Columbia. as unconstitutional.
Attorney General of British Columbia In a statement, he alleged that the Safeguarding Canada's Economic Prosperity Act was intended to thwart BC's actions in opposing the Trans Mountain Pipeline Project.
BEFORE CHRIST. had asked the Alberta Court of Queen's Bench to declare the law unconstitutional, but RJ Hall J. wrote in a Friday decision that, since the law was never officially proclaimed, the request to dismiss her is premature.
The law was pbaded by the Alberta legislature last May and limits fuel exports to British Columbia.
Plans to triple capacity along the existing Trans Mountain pipeline between Edmonton and Burnaby have pitted Alberta and the federal government against the BC government, saying the risk of a spill is too great for the environment and the environment. economy of the province.
Hall wrote that if the Government of Alberta proclaimed the law to come into effect, the Attorney General of BC could re-introduce it.
"Without giving my opinion on the opportunity of an injunction application before the proclamation of a law, I am of the opinion that an application to have the declaration declared The constitutionality of a law that has not yet been proclaimed is premature, "Hall wrote.
"In order for the court to consider such a request, the law must first be in force."
Hall wrote that, while BC argued that the courts were considering interim injunctions against pbaded but unreported laws, he pointed out that BC did not seek an injunction – only that the law be declared unconstitutional.
BEFORE CHRIST. Before the challenge was launched, Attorney General David Eby had stated that the Alberta law was unconstitutional, as one province could not punish another.
Alberta Premier Rachel Notley defended the law when it was pbaded, saying her government did not want to impose hardships on British Columbia. businesses and families, but Alberta must also protect its interests.
She also said she was confident that she would resist a court challenge.
No date has been set for the proclamation of the law.
Hall noted in its decision that BC filed an affidavit from an official of the province's Ministry of Energy, Mines and Petroleum Resources, which states that approximately 55% of British Columbia's gasoline and 71% diesel were imported from refineries in Alberta.
He stated in the affidavit that the majority of this fuel pbaded through the Trans Mountain Pipeline, carrying an average of eight million liters of refined petroleum products per day from Alberta to BC.
"It is said that supply cuts from Alberta will cause shortages in British Columbia and that this could lead to price increases, lack of supply and civil unrest in British Columbia. British Columbia, "said Hall, adding that attorneys general of British Columbia's effects made it important for the court to decide whether the law was lawful.
"The affidavit is an interesting reading of British Columbia's gasoline and diesel supply and its reliance on Alberta," said Hall.
The National Energy Board on Friday approved the construction of the Trans Mountain Pipeline Expansion, noting that the benefits of the project outweighed its negative impacts on killer whales and potential environmental damage in the event spill.
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