National Post (National Edition)

Alberta batting ‘a thousand’: Notley

- DAN Healing

The Alberta government is “batting a thousand” when it comes to fighting for the Trans Mountain pipeline expansion, Premier Rachel Notley said Thursday, after the Supreme Court of Canada dismissed an appeal by the City of Burnaby on constructi­on of the controvers­ial line.

“When the B.C. government tried to overstep its legal and constituti­onal authority, we took bold action — and they backed down,” she said in a social media post. “When the City of Burnaby tried to block the Trans Mountain Pipeline in court, we intervened — and we won in court and we won again today.”

Notley said the courts have made 17 straight rulings in favour of Trans Mountain.

The leader of an Indigenous group that hopes to someday own a stake in the pipeline is also encouraged by the decision.

“I have the feeling, at the end of the day, it’s going to clear all the hurdles that remain of a legal nature and so I’m happy at this ruling,” said Cheam First Nation Chief Ernie Crey.

When the federal government agreed in May to buy the pipeline that spans from Alberta to the B.C. coast and related infrastruc­ture for $4.5 billion from Kinder Morgan Canada Ltd., it signalled that it didn’t intend to own it for the long term and would sell it as soon as possible.

Although many B.C. First Nations oppose the pipeline — and several are parties to a Federal Court of Appeal challenge of Ottawa’s project approval in 2016 — 43 First Nations have signed benefit agreements, Crey pointed out.

“There is growing interest on the part of Indigenous people to take out a stake in the pipeline,” he said.

“They (may) have the option of buying shares, of course, but my impression from the leadership I’ve talked to in Alberta, Saskatchew­an and B.C., is they want a substantia­l interest in the pipeline.”

The City of Burnaby and environmen­tal groups vowed to continue to fight the pipeline despite the setback.

“Burnaby is not going away. We intend to continue to oppose this project with all legal means available to us, and will be continuing with our other legal challenges,” said Burnaby Mayor Derek Corrigan in a statement that listed three pending court challenges and an NEB proceeding.

“We’re disappoint­ed by today’s decision as what we are seeing is the federal government railroadin­g over

WE INTEND TO CONTINUE TOOPPOSE THIS PROJECT.

municipali­ties just trying to protect the health and safety of their citizens,” said Greenpeace campaigner Mike Hudema.

He said the project still faces delays and court challenges, as well as growing resistance on the ground.

A spokesman for Natural Resources Minister Amarjeet Sohi said the government stands by its decision to buy the pipeline, noting it is needed because it will provide access to new markets for Canadian crude and create new jobs.

Alberta has pledged up to $2 billion, if needed, to keep the project going.

If the federal government succeeds in closing the deal to buy the pipeline, it faces remaining expansion constructi­on costs estimated at $6.3 billion ($1.1 billion has already been spent), although a recent report from Kinder Morgan suggested those costs could rise by as much as $1.9 billion under certain scenarios.

The government probably won’t try to sell the pipeline until the expansion is finished because it will be worth more when legal and constructi­on risks are eliminated, said Richard Masson at the University of Calgary’s School of Public Policy.

“My guess is the federal government will set up a company to own the pipeline,” he said. “Once it’s up and running and the risks are much lower, they would say, ‘OK, now we’re going to consider either selling it to another company like Enbridge or Transcanad­a or we’re going to do an initial public offering of the shares.’”

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