CP rail line in Fraser Canyon. CP and CN both follow the canyon and Fraser Valley. Lack of pipeline capacity means more than 100 rail cars a week carrying Alberta diluted bitumen to Washington state refineries. (Wikimedia Commons)

B.C. VIEWS: Pipeline theatre on TV and in court

John Horgan doesn’t have a hope on Trans Mountain, and he knows it

Not since Glen Clark tried to take on the U.S. Navy’s nuclear submarine fleet has B.C. seen such a flamboyantly hopeless effort as Premier John Horgan’s anti-pipeline theatre.

Inserting himself into a fisheries dispute between Canada and the U.S. in 1999, then-premier Clark tried to ban U.S. subs from using the provincially owned Nanoose Bay torpedo testing range off Vancouver Island. In response, then-prime minister Jean Chretien expropriated the area, returning it a couple of years later after the B.C. NDP was reduced to two seats and the province came under adult supervision.

Horgan’s on a similar path.

“We’re in court, we’re going to stay in court,” Horgan said as he prepared to fly to Ottawa to meet Alberta Premier Rachel Notley and Prime Minister Justin Trudeau on Sunday.

Yes, they’re in court, barely. Last summer, the newly minted NDP government sneaked in as an “intervener” in the latest challenge of the Trans Mountain pipeline expansion. Horgan’s chosen lawyer, Tom Berger, got grudging approval from the Federal Court of Appeal.

The case is a combination of several brought by the usual environmental groups and dissident aboriginal and non-aboriginal communities, unconcerned about the dozens of communities that want the project. As Notley likes to remind Horgan, it’s the 15th case against the federal approval of Trans Mountain, and the score is 0-14.

In granting intervener status last August, Justice David Stratas warned B.C. that it can’t bring new evidence, and if it plays politics it will be booted out. Stratas rebuked the province for taking five weeks to get its case together, and even then, it didn’t spell out what arguments it wants to make.

The province, meaning Horgan and Berger, “does not appear to understand the basic ground rules of the complex proceeding it is seeking to enter,” the judge wrote. Ouch.

Berger is best known for taking years to grind the Mackenzie Valley gas pipeline to a halt back in the 1970s, and for a brief stint as B.C. NDP leader. Perhaps bringing him out of retirement at age 84 wasn’t the best idea.

Horgan’s team has also hired the NDP’s current go-to lawyer, Joe Arvay, to cook up a court reference question. So far he hasn’t even figured out which level of court to take it to. If and when he does, it could be a year or more before it’s heard.

The reference case was Horgan’s hasty fall-back position after Environment Minister George Heyman triggered a trade war with Alberta by announcing a plan to restrict diluted bitumen transport in B.C. Heyman still insists he can do this, including restrictions on oil by rail, another federal jurisdiction.

Washington state’s ecology department reports that rail shipments of Alberta heavy crude to its refineries have been rising since they started in 2012. As of 2017, a typical week would see 80 to 120 diluted bitumen rail cars rolling down the Fraser Canyon to Bellingham.

This is the practical effect of NDP and B.C. Green support for the U.S.-backed protest “hive” that targets pipeline projects across Canada. Oil is moving onto riskier trains, refining continues in the U.S. and increasingly expensive gasoline and diesel are sold back into B.C.

Opposition MLAs have been trying to pin Heyman down on how far he will go to stop the pipeline. He finally admitted that as soon as the NDP took office, lawyers told them they have no chance and should not even say publicly that they are trying.

All this sound and fury signifies nothing.

Tom Fletcher is B.C. legislature reporter and columnist for Black Press. Email: tfletcher@blackpress.ca

@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Helping hand for ‘ordinary folks’

Mission’s St. Joseph’s Food Bank caters to regular people facing unforeseen situations

VIDEO: Mission firefighters battle garbage blaze

A 20 foot by 20 foot fire is burning at the Mission landfill

Habitat for Humanity says it owes no money to former CEO

Upper Fraser Valley branch responds to wrongful dismissal lawsuit

No decision on Abbotsford school stabbing suspect’s mental fitness for trial

The BC Review Board could not determine whether Gabriel Klein, 21, is fit to stand trial

Reptile Guy taking charges seriously, says lawyer

Lawyer writes that procedure in question did not cause python any harm, pain or discomfort

BC Games’ Athletes Corner: What’s your favourite pump up song?

Check out what’s playing in the earbuds of BC Summer Games athletes before they compete

BC Wildfire update on Okanagan blazes

Watch the media briefing on the current fire situation in the Okanagan.

RCMP help to save goats from wildfire

The fast-approaching wildfire, sparked Thursday, forced the evacuation of five homes

VIDEO: Near drowning captured on popular B.C. river

Search and Rescue manager says the popular pastime of floating in the summer is inherently dangerous

Crosswalk vandalism leaves black mark for Cowichan as B.C. Games begin

Rainbow crosswalk defaced just days after being painted

Photo gallery: BC Games Day 1

A brief look at action from the 2018 BC Summer Games in the Cowichan Valley

UPDATED: Anti-pipeline campers digging in as eviction deadline expires

The City of Burnaby had ordered the Kinder Morgan pipeline protesters out for violating bylaws

Trump was taped talking of paying Playboy model: AP source

Source says former personal lawyer Michael Cohen secretly recorded discussion prior to 2016 election

BC toddler with ‘allergy’ to sun waiting for bone marrow transplant

Charlie Lock, 2, needs treatment for damage caused by rare disorder EPP

Most Read