Turn-off-the-taps case a federal matter: judge

The B.C. government’s legal challenge of Alberta’s so-called turnoff-the-taps legislation should be argued in federal court, Court of Queen’s Bench Justice Robert Hall determined in a ruling issued late Friday.

In his 10-page decision, Hall stayed B.C.’S challenge of Bill 12, saying the federal court is best positioned to hear disputes between provinces.

“Ultimately, it is not up to me to determine jurisdiction or standing in the Federal Court, and I do not presume to do so,” he wrote.

In a Calgary court last month, B.C. sought an injunction that would stop Alberta from using the law, or require Energy Minister Sonya Savage to get court approval before doing so.

In its statement of claim, B.C. called the law unconstitutional. It made a similar filing in Federal Court.

Alberta argued B.C.’S attorney general does not have standing to fight the law in Alberta’s Court of Queen’s Bench because there are parties that would be more directly affected, like industry players or the federal government.

Hall did not decide on the injunction application in staying the B.C. government’s action.

Bill 12, which gives Alberta the power to crimp energy exports, was passed — but never used — by Alberta’s former NDP government as a way to pressure B.C. to drop its fight against the Trans Mountain oil pipeline expansion.

The UCP government proclaimed it into force shortly after taking power in April.