A constitutional challenge to the Coastal GasLink pipeline project is now in the hands of the National Energy Board.

Michael Sawyer, a Smithers man who made the application to the board argues that British Columbia did not have jurisdiction to approve the project and had it been assessed under the federal jurisdiction it might not have been.

香蕉视频直播淚 don香蕉视频直播檛 believe there was a proper assessment of the true environmental and social and economic costs of this project and what I would like to see happen is that that get done,香蕉视频直播� he told The Interior News in a phone interview from Calgary.

香蕉视频直播淢y belief is that once that香蕉视频直播檚 done, this project will not be viewed as being in the public interest and probably would not be approved.香蕉视频直播�

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The NEB heard oral summaries from Sawyer香蕉视频直播檚 lawyer William Andrews of Vancouver, Coastal Gaslink香蕉视频直播檚 legal counsel Sander Duncanson, and a number of other intervenors on May 2 and 3 in Calgary.

Andrews argued that although the CGL pipeline will be entirely within B.C., it will be functionally integrated with TransCanada香蕉视频直播檚 federally-regulated Nova Gas Transmission Limited (NGTL) system and thus should fall under federal jurisdiction.

香蕉视频直播淭ransCanada香蕉视频直播檚 CGL project and NGTL system form a single federal work or undertaking,香蕉视频直播� Andrews told the board. 香蕉视频直播淭he common purpose of CGL project and the NGTL system is to transport natural gas from the WCSB (Western Canada Sedimentary Basin) to domestic and export markets, crossing provincial and national boundaries.香蕉视频直播�

Andrews cited the Supreme Court of Canada decision in Westcoast Energy v. Canada as the seminal case on jurisdiction.

香蕉视频直播淚t is the first test in West Coast that is relevant here, which is, an otherwise local work or undertaking is subject to federal jurisdiction if it is part of a federal work or undertaking in the sense of it being functionally integrated and subject to common management, control and direction.香蕉视频直播�

Duncanson countered that argument quoting the dissenting opinion in the Westcoast case by Justice Beverly McLachlin in which she writes: 香蕉视频直播淚n summary the Constitution is clear. The provinces have the right to control works and undertakings within their boundaries, including facilities related to the production of resources. Exceptionally, and only to the extent required to maintain interprovincial transportation and communication networks, the federal government 香蕉视频直播� has the power to regulate provincial works and undertakings.香蕉视频直播�

In reply to Williams香蕉视频直播� oral submissions, Duncanson scoffed at the ideas.

香蕉视频直播淭his, the idea of the TransCanada undertaking including the CGL pipeline because there is a common purpose that TransCanada has, this master plan of connecting to LNG markets and it香蕉视频直播檚 all part of this one big thing香蕉视频直播攖hat is a current that runs through a lot of what we heard from Mr. Andrews today and the written argument from Mr. Sawyer as well,香蕉视频直播� he said.

香蕉视频直播淎nd on that, just because a corporate parent has an interest in expanding its business does not mean all of that business is necessarily part of the same undertaking.香蕉视频直播�

Sawyer admits he is a big underdog in the case.

香蕉视频直播淭o be clear, the other side is highly-motivated and very well-funded, so we were up against, collectively I counted 香蕉视频直播� 28 lawyers in the room representing the pro-LNG side of the equation,香蕉视频直播� he said. 香蕉视频直播淲e were totally outgunned.香蕉视频直播�

Nevertheless, he feels pretty good about how the proceedings are going.

香蕉视频直播淚 have a good case,香蕉视频直播� he said. 香蕉视频直播淭he last time I went to the court of appeal, I won on the Prince Rupert [Gas Transmission] pipeline on, not identical, but very similar facts and similar law, so we think we did a pretty good job and we think if the board reflects on all of the arguments fairly, we think we have a pretty good chance of winning.

香蕉视频直播淗aving said that, we also recognize that if the bookies were taking odds, we香蕉视频直播檇 be a long shot.香蕉视频直播�

Coastal GasLink is also feeling good about its case.

香蕉视频直播淐oastal GasLink is confident in the facts put before the National Energy Board,香蕉视频直播� the company stated in an email following the hearing. 香蕉视频直播淎s argued by various participants before the Board, including the Attorneys General of B.C., [Saskatchewan], and Canada, our view is that jurisdiction over Coastal GasLink is and has also been properly with the province. Coastal GasLink continues to construct this fully approved project while awaiting a decision by the Board.香蕉视频直播�

Even if he wins, Sawyer admitted, he is a long way from stopping the project. It will be at least two to three months before the NEB comes back with a decision, he said, and then, win or lose, there will likely be an appeal.

香蕉视频直播淭his is one stage of a longer story; the story is not over yet,香蕉视频直播� he said.

While the legal challenge is based on a jurisdictional argument, Sawyer香蕉视频直播檚 motivation is environmental.

香蕉视频直播淢y view is that the project was never subjected to a fair and adequate environmental assessment, that there are many many aspects of the project, that were simply not considered.香蕉视频直播�

In general terms, he disputes the idea that natural gas is a means of reducing the impact of carbon on the environment.

香蕉视频直播淚f you actually look at natural gas on a life-cycle basis 香蕉视频直播� exploration, drilling etc., if you add that entire life-cycle analysis together 香蕉视频直播� natural gas produced in northeast B.C., shipped to Kitimat, converted to LNG, shipped to China, converted back to gas then used to displace coal, [it] is between two and 27 per cent worse than coal on a life-cycle basis, so this idea that it香蕉视频直播檚 an environmentally-friendly fuel is just mythology.香蕉视频直播�

In specific terms, he cites, for example, impact on the Graham caribou herd in northeast B.C., which, he said, has been reduced by 82 per cent since drilling began in 1986.

WATCH: Unist香蕉视频直播檕t香蕉视频直播檈n block TransCanada Coastal GasLink worksite

He also said, based on his own calculations, that the carbon embedded just in the steel pipe that will make up the CGL pipeline, again on a life-cycle basis, is equivalent to five years of B.C.香蕉视频直播檚 total carbon output.

香蕉视频直播淪how me where in the social and environmental assessment of the impacts of this project is that ever discussed and fact is it wasn香蕉视频直播檛.

香蕉视频直播淚f, at the end of the day, we do that assessment and we have all these facts on the table so we can make an intelligent decision and British Columbians decide and say, 香蕉视频直播榮crew it, we don香蕉视频直播檛 care about the caribou, we don香蕉视频直播檛 care about the health risks, we don香蕉视频直播檛 care about anything but the jobs, jobs, jobs,香蕉视频直播� I would not necessarily agree with that, but I would say, 香蕉视频直播榦kay, we香蕉视频直播檝e got the facts on the table and they still made that decision, I have to respect it.香蕉视频直播�

香蕉视频直播淩ight now, because all that information wasn香蕉视频直播檛 on the table, I don香蕉视频直播檛 have to respect the decision. I think it was a mistake and I think history will demonstrate it was a mistake.香蕉视频直播�

editor@interior-news.com
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