Podcast for February 2018: Pipelines and B.C. wines

A lot happened in B.C. this past month! Between B.C.’s announcement of their new regulations and restrictions on the transport of bitumen to the wine war between Alberta and B.C., British Columbians have a lot to sort out. With the help of some expert guests, we are here to help weed through the poli-speak and media rhetoric to find out what’s actually going on. 

This episode was recorded on unceded Coast Salish territory.

Was Alberta’s ban on the import of B.C. wines legal?

“It is allowed in this particular case because it’s alcohol and that is covered under the federal legislation for alcohol. There is a law that gives the provinces the right to regulate what is sold within the province. So yes, it is within the jurisdiction of Alberta to do that. However there is also something called the Canada Free Trade Agreement that was concluded quite a while ago and that’s meant to open up the doors for trade between the provinces and remove the remaining trade barriers, which also includes alcohol.”

– Dr. Werner Antweiler, Sauder School of Business, UBC

Why are both Premier Notley and Premier Horgan celebrating B.C.’s decision to take their restrictions on bitumen straight to the courts?

“What [Notley] is saying is that if it goes to court, she’s pretty confident that he doesn’t have the authority that he’s claimed… She pretty confident what the results of that court decision will be, assuming the question is about whether B.C. has the authority to determine what or how much goes through that pipeline.

“John Horgan can claim the victory from this saying… ‘I’m not actually going to stop what flows through the pipeline. I’m just going to reserve the right to stand up for the British Columbian environment.’”

– Prof. Lori Williams, Mount Royal University

How will a judge decide whether B.C.’s bitumen restriction is in the province’s jurisdiction or not?

“B.C. will pose a question along the lines of whether those proposed measures… fall within the scope provincial jurisdiction. That’s the first question… If the answer of this first question is yes, then we go to the second question of whether or not those regulations apply to the Trans Mountain pipeline, because it is a federal undertaking under constitutional law.”

– Prof. Jocelyn Stacey, Allard School of Law, UBC

Deeper reading:

Trudeau says Kinder Morgan ‘was always a trade off’, Elizabeth McSheffrey, National Observer

B.C.’s plan to restrict the transport of bitumen not illegal – yet: legal expert, Jocelyn Stacey, The Vancouver Sun

Trans Mountain rhetoric confounds Canadian Constitution Law 101, Jocelyn Stacey, ipolitics.ca

More Kinder bucks for Christy Clark, Lisa Sammartino, Dogwood

Send John Horgan a message of support: www.NoTankers.ca

March 10th marks the beginning of Kwekwecnewtxw — an Indigenous-led initiative to protect the land, water and climate from Kinder Morgan. Sign up at protecttheinlet.ca

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2 Responses to “Podcast for February 2018: Pipelines and B.C. wines”

  1. Ruth Campbell says:

    Prof. Williams quoted John Horgan: “I’m not actually going to stop what flows through the pipeline.” Rachel Notley says Horgan “blinked” when he said that, and I worry that she is right. It sounds as if Premier Horgan is backing away from his proposal to limit the transportation of bitumen until studies on health and safety are completed. If he isn’t backing down, then how are we supposed to interpret his statement?

  2. Wayne Alt says:

    Not a Canadian but very concerned about our environment, the Canadian car manufacturers need to give incentives as also the provinces and federal gov’t for purchasing hybrid and electric cars, I have two of them in my family and we really appreciate how few times we have to put fossil fuel gasoline in our vehicles. Thanks, Wayne Alt, Buffalo, NY

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