Burnaby to escalate pipeline battle
LEGAL RECOURSE: Mayor says adequate consideration not given to arguments, city to file appeal
City of Burnaby officials will escalate their legal battle over the Trans Mountain Pipeline expansion project to the Supreme Court of Canada, it was announced Tuesday.
On Friday, the Federal Court of Appeal dismissed the B.C. government’s bid to challenge a National Energy Board ruling that allows Kinder Morgan Canada to bypass local bylaws during construction of the pipeline expansion. The court also ordered B.C. to pay legal costs.
Alberta Premier Rachel Notley called Friday’s decision “a victory for the pipeline and another victory for all Albertans and Canadians.”
Burnaby Mayor Derek Corrigan, however, argued the federal court had not given adequate consideration to the arguments brought forward by the municipality or the province before dismissing the appeal.
In a news release issued Tuesday, Corrigan said he had directed his staff to file an appeal to the Supreme Court of Canada, in hopes of overturning the federal court’s dismissal.
“The court system should be the body that decides whether or not this is fair and just, but they dismissed our application without reasons,” said Corrigan. “Very clearly, it’s something the court should have dealt with and given reasons why it’s not allowing the provincial government to exert its authority to protect the environmental interests of the province.”
There are still a number of other legal decisions pending on the pipeline — including a review by
the Court of Appeal of the decision by the federal cabinet to approve the pipeline and a review by B.C.’s highest court of the decision by its former provincial government to
approve the pipeline.
B.C. Premier John Horgan has also asked for a legal ruling on whether his province can restrict increased amounts of oil from coming into
B.C. while his government reviews oil-spill safety measures.
The pipeline received federal approval in 2016.
The project is geared to triple the amount of crude oil flowing from Alberta to a port facility in Burnaby.
— With files from Canadian Press