National Post (National Edition)

‘It’sgoingtoth­ecourts’

- BLACK

The senator’s comments come after he introduced Bill S-245 on Feb. 15. The bill aims to declare the project is to the general advantage of Canada, but has yet to reach its second reading in the Red Chamber. The bill was seconded by Conservati­ve B.C. senator Richard Neufeld.

By referring his bill to the Supreme Court for an expedited decision, Ottawa could provide final approval to the project in a timely manner and overturn objections from the NDP-Green Party coalition government, environmen­tal groups and some municipali­ties, which have put severe strain on building timelines for the pipeline, Black said.

Tensions over Trans Mountain have risen in recent weeks after the B.C. NDP party, led by premier John Horgan, proposed to halt any shipments of bitumen though the province until a panel could determine whether the heavy oil could be adequately cleaned from waterway in case of a spill.

The move kicked off a trade spat between the two provinces, with Alberta declaring a boycott on B.C. wine sales into the province. The standoff has since eased after Horgan said the province will refer the issue to the courts.

But the environmen­tallyminde­d portion of the NDPGreen Party alliance could still block the pipeline. In an interview with CBC that aired Sunday, Green Party Leader Andrew Weaver repeated claims that his party would use “every tool in the toolbox” to delay the pipeline. He said their party’s decision to deescalate the trade war between the two provinces did not mean it would back down on opposing the expansion of the project.

“Rather than argue about it in the media, it’s going to the courts,” he said.

The B.C. government announced last week it would seek a reference from the courts on the case — a move that a spokespers­on with Natural Resources Canada said “only serves to illustrate that it knows it does not have constituti­onal authority over interprovi­ncial pipelines. We declined to join B.C.’s legal strategy because it is groundless.”

Meanwhile, Black’s call to expedite a decision to the Supreme Court is unlikely to be heard, according to Alastair Lucas, a professor at the Canadian Institute of Resources Law in Calgary, adding the move seems more “marketing” than a policy that would actually clear away legal hurdles for the pipeline proponent. “That power that hasn’t been used in decades,” he said.

Black commended recent comments by Prime Minister Justin Trudeau reaffirmin­g that the pipeline should be built, but argued more concrete action on the project is required.

“Simply saying this pipeline

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