VANCOUVER—B.C. could sue Alberta in that province’s own courts if a bill passed in Edmonton on Wednesday afternoon becomes law.

The nearly unanimous vote by Alberta MLAs of both major parties gave Premier Rachel Notley the authority to shut off the oil flow west, the latest salvo in an ongoing legal war over the Trans Mountain pipeline expansion.

A letter from B.C. Attorney General David Eby on Wednesday to his Albertan counterpart alleged the legislation is “beyond the powers of the Alberta Legislature” and would be a clear violation of Canada’s constitution.

“This attempt to restrict the flow of refined fuels, crude oil and natural gas across the Alberta-B.C. border is intended to punish the residents of B.C.,” reads the letter, addressed to Alberta Justice Minister Kathleen Ganley and verified as authentic. Eby warned that unless she asks a court to weigh in on the legislation, B.C. will launch its own lawsuit in an Alberta courtroom to do it for them.

“In the absence of such a commitment,” Eby wrote, “I intend to instruct counsel to bring an action challenging its constitutional validity in the courts of Alberta.”

No B.C. lawsuit against Alberta has yet been filed, but in an interview Eby said he would not wait for the oil taps to be shut before acting.

“Once it receives royal assent, Alberta should expect we’ll challenge their law,” he said. “We won’t wait for Alberta to use this law with an unconstitutional axe hanging over our heads.

“We’ll take them to court if they’re not willing to send this to court themselves … to resolve this issue.”

Political scientist Richard Johnston said while Alberta might simply be “calling a bluff” on B.C.’s claims its own environmental review of the pipeline is constitutional, it strikes him as an odd way for Edmonton to go about it.

“It seems it’s logically inconsistent that Alberta is saying B.C. does not have the right to do what it’s doing, while Alberta’s position is just as hypocritical as B.C.’s is,” Johnston said. “I would be really surprised if Alberta actually used these powers — I assume the oil patch is not massively pleased with this, they do have sales they want to make.

“Basically, Notley is trying to buy herself cover because of the heat Jason Kenney and the United Conservative Party is bringing … Notley is doing what she can to prove she’s tough enough to deal with B.C.”

Horgan’s legal threat comes a day ahead of B.C. business organization leaders flying to Edmonton to express their support for Kinder Morgan’s federally and provincially approved project, which would nearly triple the flow of diluted bitumen to the coast.

B.C. Liberal Opposition Leader Andrew Wilkinson lambasted the NDP government, calling its battle with Alberta reckless and harmful to taxpayers, and risked “shattering” investors’ confidence in B.C.

“Horgan risks the economic future of B.C. to hold on to power,” he said in a statement. “B.C. taxpayers are going to be the ones paying for the ineptitude of John Horgan and the NDP government.”

Read more:

B.C. politics experts debate if pipeline feud really a ‘constitutional crisis’

The other end of the Trans Mountain pipeline: As B.C. protests, an Alberta hamlet hopes

‘A lot of strategic stupidity.’ Experts not surprised by pipeline pull back

B.C. still waiting on last month’s request for its Court of Appeal to rule on whether regulating the Kinder Morgan pipeline on environmental grounds is constitutionally allowed.

Earlier in the day Wednesday, the federal government announced it will provide indemnity to investors for losses incurred by delays on the Trans Mountain project — a move praised by Notley.

“Albertans have the right to choose how our energy is shipped, so that Alberta gets the best return possible,” Notley said Wednesday. “Bill 12 gives us that power.”

B.C.’s own promise to prevent Kinder Morgan from increasing its current oil flow is considered legally murky by many experts. Alberta has argued the move was unconstitutional and that it is simply defending its interests.

In earlier interviews, most constitutional scholars agreed it is against the constitution to stymie any interprovincial pipeline or to shut off an export to another province as punishment. But a province is allowed to regulate for its environment within its boundaries.

Loading... Loading... Loading... Loading... Loading... Loading...

Ultimately, according to UBC law professor Joel Bakan, only the Supreme Court of Canada can decide — and he believes B.C. could come out on top.

“Either way, at some point the issue will be determined by the Supreme Court of Canada,” he said in an earlier interview. “Obviously, Horgan’s got good legal staff and is taking a position he feels he can defend ultimately in court if he has to.

“I think he’s on strong ground.”

With files from StarMetro Edmonton

Read more about: