B.C.’s Court of Appeal is considering a reference case filed by the province that asks if it has jurisdiction to regulate the transport of oil through its territory and restrict bitumen shipments f…
VANCOUVER — A lawyer for the British Columbia government says the province knows it cannot stop the Trans Mountain pipeline expansion, but it can enact environmental laws to mitigate the harm it may cause.
Joseph Arvay, who represents B.C., says his opponents in the case are essentially saying provinces are powerless to enact laws that prevent environmental harm to their lands, waters, people and animals. But Arvay says a spill of diluted bitumen in B.C. would be disastrous and the province is not required to simply accept such a fate.He says B.C. has “no axe to grind” against pipelines and it understands it cannot prevent the expansion of the Trans Mountain pipeline, but there are legal precedents for it to enact laws that reduce the risk of inter-provincial projects.
Arvay says the board has concluded that the benefits of the project are national and regional in scope, but that some local communities would shoulder the burdens of the expansion.
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