It’s off to court we go. As promised, the B.C. government is taking a reference case to the B.C. Court of Appeal over its rights relating to the Trans Mountain pipeline expansion.
As there is almost no hope the case will be decided before the company-imposed deadline of May 31, the future of the project is even more uncertain than it has been. The government says it is just seeking clarity, while Kinder Morgan says it is just seeking clarity. Instead, they are likely to wade deeper into the miasma of this issue.
The province says it is not trying to delay the project, just assert its right to protect the coastline and the economy — without stepping on the federal government’s toes. Given the NDP’s longstanding opposition to the pipeline, its statements are disingenuous.
While the government suggests the court reference will cool the conflict with Alberta and Ottawa, that won’t happen. Alberta Premier Rachel Notley sees it as part of B.C.’s obstructionism. She is seeking intervener status, but gives no sign of cooling her hostility as she tries to save her government and her economy.
Prime Minister Justin Trudeau insists the pipeline will be built, although he is beginning to sound like former Victoria mayor Dean Fortin insisting the city had a fixed-price contract for the new Blue Bridge.
There is no question that the federal government has authority over interprovincial pipelines, but B.C.’s manoeuvres, coupled with First Nations challenges, could push Kinder Morgan to pull the plug anyway. Regardless of what the judges decide.
