‘This law is unconstitutional’: B.C. to take Alberta to court after Kenney proclaims ‘turn off the taps’ legislation

by Emma Graney

British Columbia is launching a constitutional challenge against Alberta after Premier Jason Kenney proclaimed legislation to restrict oil supplies to the western province.

Kenney promised repeatedly during the election that, should the UCP win, his cabinet would proclaim Bill 12 “within one hour” of being sworn in.

Neither Kenney nor his Energy Minister Sonya Savage would comment Tuesday on whether that was still the plan, but the premier confirmed in an op-ed penned originally for the Vancouver Sun (now running in the Journal and Calgary Herald) that his cabinet had charged ahead.

“We did not proclaim this law to reduce energy shipments to B.C. but to have the power to protect Alberta’s ability to get full value for our resources should circumstances require,” Kenney wrote.

“By proclaiming this law, we are showing that we are serious about protecting Canada’s vital economic interests. This does not mean energy shipments will immediately be reduced but that our government will now have the ability to actually use the law should circumstances require.”

However, B.C. Attorney General David Eby promised Tuesday that a court challenge would come in short order.

“Our lawyers are ready to go to court because we believe this law is unconstitutional. We’ll be challenging it as soon as it’s proclaimed into law,” he said.

“There is a provision in the Constitution that says you can’t restrict the flow of refined products between provinces. And that is what Alberta is attempting to do.”

The NDP introduced Bill 12 last April as Alberta fought with B.C. over continued legal wrangling on the Trans Mountain pipeline expansion file. It gave Alberta’s energy minister the ultimate authority over shipping crude oil, natural gas or refined fuels out of the province.

But the bill was never proclaimed, instead lying in wait as a thumbscrew against pipeline opponents should Alberta need it.

full story at https://edmontonjournal.com/news/politics/this-law-is-unconstitutional-b-c-to-take-alberta-to-court-after-kenney-proclaims-turn-off-the-taps-legislation