CALGARY — A Calgary judge has denied British Columbia’s attempt to block Alberta legislation that would allow that province to stop oil shipments to the coast.
In a decision released Friday on the so-called Turn Off the Taps bill, Queen’s Bench Justice Robert Hall said that B.C. doesn’t have the right to take Alberta to court in Alberta over legislation passed by the Alberta legislature.
“The only parties with standing to bring this action in this court are the (Attorney General of Alberta) and the (Attorney General of Canada),” Hall wrote in his decision.
Hall said neither province could find a single previous example of such a case going ahead.
“Neither party could direct me to any cases in which one province has sued another province seeking a declaration of constitutional invalidity of legislation enacted by the defendant province.”
Hall said the proper venue for the disagreement is Federal Court, which was specifically created to adjudicate between governments.
“Federal court is the proper forum for this interprovincial dispute.”
B.C. Attorney General David Eby said the province is reviewing Hall’s decision. He said B.C. has already filed a similar case in Federal Court, although that body hasn’t said yet whether it will accept it.
“The Province has been clear that we will defend the interests of British Columbians,” Eby said in an email. “We … look forward to the day that this legislation, which is unconstitutional and designed to punish people in B.C., is heard in court.”
A statement released Friday night on behalf of Alberta Energy Minister Sonya Savage said the province was “pleased” with the court ruling.
“We will continue to defend Alberta jobs and economic opportunity and look forward to making our case in Federal Court,” the statement said.
The legal battle is part of the fallout over the TransMountain pipeline expansion.
In response to B.C.’s legal measures against the pipeline, Alberta passed legislation that would allow it to shut off oil shipments to the coast.
B.C. had asked the Alberta court to both declare the law unconstitutional and grant an injunction preventing its implementation.
The TransMountain expansion, first approved in 2016, would triple the amount of oil flowing from the oilsands to B.C.’s Lower Mainland and from there to lucrative new markets across the Pacific.
The federal government bought the existing pipeline last year for $4.5 billion after its original builder, Texas-based Kinder Morgan, threatened to walk away from the project because of B.C.’s resistance.
The Federal Court of Appeal quashed the approval months later on the grounds that there hadn’t been enough consultation with First Nations or consideration of the pipeline’s potential impact on marine wildlife.
The project has been approved for a second time by the federal cabinet.
The Canadian Press
Note to readers: This is a corrected story. The original story repeated in para 3 Attorney General of Canada. It should read Attorney General of Alberta and Attorney General of Canada.
Huawei executive’s defence team alleges Canadians were ‘agents’ of the FBI
VANCOUVER — A defence team for a Chinese telecom executive is alleging Canadian officials acted as “agents” of American law enforcement while she was detained at Vancouver’s airport for three hours ahead of her arrest.
In court documents released this week, defence lawyers for Huawei chief financial officer Meng Wanzhou point to handwritten notes by Canadian officers indicating Meng’s electronics were collected in anticipation of a request from the Federal Bureau of Investigation in the United States.
The notes show the RCMP asked the FBI if the U.S. was interested in Meng’s luggage and that a Canada Border Services Agency officer wrote down Meng’s passcodes, while another questioned her about Huawei’s alleged business in Iran.
This happened before she was informed of her arrest, the defence says.
“The RCMP and/or CBSA were acting as agents of the FBI for the purpose of obtaining and preserving evidence,” alleges a memorandum of fact and law filed by the defence.
“The question that remains is to what extent and how the FBI were involved in this scheme.”
The materials collected by the defence were released ahead of an eight-day hearing scheduled for September, in which the defence is expected to argue for access to more documentation ahead of Meng’s extradition trial.
The Attorney General of Canada has yet to file a response and none of the allegations have been tested in court.
Meng’s arrest at Vancouver airport has sparked a diplomatic crisis between Canada and China and drawn international scrutiny of Canadian extradition laws.
She was arrested at the behest of the U.S., which is seeking her extradition on fraud charges in violation of sanctions with Iran.
Both Meng and Huawei have denied any wrongdoing. Meng is free on bail and is living in one of her multimillion-dollar homes in Vancouver.
The RCMP and CBSA did not immediately respond to requests for comment on the documents but have said in a response to a civil claim that border officials only examined Meng and her luggage for immigration and customs purposes.
Meng extradition trial won’t begin until Jan. 20, but the court documents shed light on her defence team’s planned arguments that her arrest was unlawful and for the benefit of the United States.
“These are allegations of a purposeful violation of a court order and the abuse of important Canadian legal norms for improper purposes, namely, to further the objectives of the requesting state,” the defence says.
They plan to argue that the U.S. committed an abuse of process by using the extradition proceedings for political and economic gain. Parts of the defence are comments by U.S. President Donald Trump that he would intervene in Meng’s case “if necessary.”
The seizure of electronics and questioning of Meng by border officials in Canada also follows a pattern of how Huawei employees have been treated at U.S. ports of entry.
“This targeting has included the apparent abuse of customs and immigration powers to search and question Huawei employees at various U.S. ports of entry,” the documents say.
The defence accuses officers of intentionally poor note keeping that obscures what exactly happened, including why the arrest plan apparently changed.
The documents suggest that Canadian officials initially planned to arrest Meng “immediately” after she landed, by boarding the plane before she got off. Instead, three CBSA officers immediately detained Meng when she disembarked the plane while two RCMP officers stood nearby and watched, despite their knowledge of the warrant calling for her “immediate” arrest, the defence says.
The defence argues spotty notes kept by the CBSA officers constitute a “strategic omission.”
“When assessed together, a clear pattern emerges from these materials: the CBSA and the RCMP have strategically drafted these documents to subvert the applicant’s ability to learn the truth regarding her detention,” the defence says.
Amy Smart, The Canadian Press
Three confirmed dead in fiery Alberta crash with semi trucks, passenger vehicles
CEREAL, Alta. — A Saskatchewan man says a well-timed pit stop may have helped him avoid getting caught in a fiery 10-vehicle crash in southeastern Alberta that killed three people.
Dore Germo and his wife left Kelowna, B.C., on Monday after a holiday visiting friends and, after a night in Calgary, were on their way home to Warman, Sask., on Tuesday.
They stopped for gas and a break in Hanna, Alta., about 80 kilometres from where seven passenger vehicles and three semi trucks collided on Highway 9.
The couple could see smoke as they continued east, but they thought it was just a grass fire.
Then they saw flashing lights and heard sirens and a police officer was running down the middle of the road yelling, “Get out!”
Germo says they were directed to a rural side road to get around the crash, and from there they could make out a tanker truck and burned vehicles amid the smoke.
“It was quite a sickening kind of empty feeling once you realized that — yes — those are people just going about their day and travelling somewhere,” Germo said in an interview Wednesday.
“It kind of looked like a bomb had gone off because there were these burnt out vehicles and it was very eerie.”
He said he’s praying for those involved.
“The first thing you think of is those poor families.”
RCMP confirmed Wednesday that three people were found dead at the scene of the crash between the small communities of Chinook and Cereal, about 300 kilometres east of Calgary. Ten people were injured, two critically.
One of the semi trucks that was carrying fuel ignited, causing several vehicles to catch fire, and another truck was carrying butane.
A stretch of Highway 9 was expected to remain closed until about mid-day, while crews clear the collision area and recover dangerous goods in one of the trucks.
The RCMP’s victim services unit is providing support to people involved in the crash.
“The investigation into this collision remains a lengthy process given the nature of the crash scene,” RCMP said in Wednesday’s release. “It is anticipated that it will take several weeks for the collision analyst to complete the investigation.”
— By Lauren Krugel in Calgary
The Canadian Press
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