The province's filing comes as Canada Environment Minister Catherine McKenna sent a letter to her B.C. counterpart, offering to work with the province to address concerns about the safety of expanding crude shipments through the pipeline.
This legal reference, referred to B.C.'s Court of Appeal today, is the latest action in the dispute between B.C. and Alberta about the $7.4-billion Kinder Morgan Trans Mountain pipeline, which is expected to triple the flow of heavy oil from Alberta to B.C. and create a seven-fold increase in tanker traffic. It questions whether British Columbia has the right to regulate the environmental and economic impacts of heavy oils, like diluted bitumen, transported through the province.
Notley says if the B.C. Court of Appeal agrees the government has the right to do so, that would open the door to provinces regulating all kinds of goods coming in from the rest of Canada - to the detriment of the economy as a whole.
Horgan's power play raised concern for the only remaining Canadian pipeline still in progress - and for the future of the Canadian economy.
The groups are now at a standstill as Kinder Morgan has suspended all "non-essential" work on the pipeline because of the uncertain political environment, the B.C. government works to get their case against it heard by the Supreme Court and the feds try to secure funding and legal backing for development.
The B.C. Government's activist-driven agenda against Kinder Morgan is sending chills through the investment community across Canada and beyond, warned Chris Gardner, president of the Independent Contractors and Business Association. "Premier Horgan is saying it doesn't count".
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"We are here to show our solidarity with the ongoing Indigenous-led occupation against the Kinder Morgan pipeline and the worldview it represents". "I don't want to say this is the beginning or the end, this is another step".
Horgan said the province isn't working to Kinder Morgan's deadline. We will have to see what other people do and respond accordingly.
So far, the only catastrophe related to a B.C. pipeline is Horgan's handling of the Trans Mountain expansion.
"Unlike - apparently - the leader of the Official Opposition, we believe in free speech", Trudeau said, "We believe in advocacy on this side of the house".
She added, however, that the federal government would be willing to establish a joint scientific expert advisory panel to "take stock of the fate, behavior and effects of various oil products in different spill conditions" in order to bolster preparedness for any potential accident.