Vaughn Palmer: B.C. files second lawsuit against Alberta turn-off-the-taps law

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OPINION: If B.C. again fails to get to trial in the Alberta court, the province asks that its Federal Court case be heard in Vancouver

VICTORIA — With all eyes on the Trans Mountain pipeline expansion, the B.C. NDP government has filed a second constitutional challenge against Alberta’s punitive turn-off-the-taps legislation.

“It is unprecedented in over 150 years of Confederation for one province to apply to have another province’s statute declared unconstitutional, but that’s exactly what B.C. seeks to do here,” declared the Alberta government in a statement filed June 7 in that province’s superior court. “B.C. submits that this vision of interprovincial relations is not consistent with the basic principles of a federal union with a unitary judiciary,” says the counter argument in part. “That judiciary exists to peacefully resolve legal disputes and to ensure government action, including legislation, is consistent with law, including the supreme law of the constitution. … B.C.’s action is a reasonable and effective way to get the constitutionality of the Act before a court.

“B.C. takes the position in the Alberta court that this controversy with Alberta can be heard on the merits in the superior courts of Alberta.” When Premier Kenney, in keeping with a campaign promise, did proclaim the legislation on his second day on the job, B.C. immediately refiled its application.

Source: Law Daily Report (lawdailyreport.net)

 

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It is radical but shut off the taps is what Alberta should do., BC can build a pipeline and bring it in from American with the US coal.

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