Burnaby’s fight against Kinder Morgan and the Trans Mountain Pipeline is destined to go all the way to Canada’s top court. That’s the way Mayor Derek Corrigan sees it, after the city lost the first round of a court battle against the energy company and the National Energy Board.
“From the very beginning, I said we’re going to have to move on to a higher court to get someone to relook at this whole issue,” he told the NOW.
Corrigan’s comments came following a recent B.C. Supreme Court decision that ruled in Kinder Morgan’s favour and left the city of the hook for the company’s legal costs. (At press time, Kinder Morgan did not have the total Burnaby would have to pay, as that’s something determined by the courts.)
Burnaby’s case challenges whether federal jurisdiction for major projects, like pipelines, can overrule city laws. In this instance, the judge determined the National Energy Board was right by previously overruling Burnaby’s bylaw, which forbade the company from cutting trees while doing survey work in the Burnaby Mountain conservation area.
Following the reasons for judgment on Monday, council quickly approved a resolution to appeal the court decision, sending the case to the B.C. Court of Appeal.
Corrigan said he wasn’t surprised that the lower court followed the precedent that’s already been set by higher courts, and he believes the case will likely end up in the Supreme Court of Canada.
While he acknowledged the city is fighting an uphill battle, the mayor is drawing hope from other court cases across the country where municipalities are fighting the federal government to be recognized.
“We can’t capitulate at this point,” Corrigan said. “We fought this battle very hard, and the only option we’ve got is the courts, and I prefer the courts to the street.”
But exactly how much the city has incurred in court costs and will continue to spend is unclear.
When asked, Corrigan said he didn’t have the court costs, suggesting that a lot of the work has been done internally and it would be difficult to come up with a number. He also pointed out the city will continue to have legal costs, but added the municipality is trying to run the litigation as efficiently as possible.
The Burnaby mayor is confident local residents support the city’s fight against the pipeline, noting he made his position clear during the last election.
“I take that as a strong signal the public is behind me,” he said.
Kinder Morgan spokesperson Ali Hounsell was pleased with the latest development in the case.
“We’re satisfied with the court decision. It basically reaffirms what’s been said a number of times and reaffirms the NEB’s jurisdiction as it relates to our project,” she told the NOW.
Greg McDade, the city’s lawyer, said the bigger question is whether interprovincial undertakings can overrule cities’ concerns.
“If you’re going to build pipeline through the heart of major municipalities, their voice has to be heard,” he said.
McDade was also not surprised by the ruling, and he expects the case to go to all the way to the Supreme Court of Canada as the city is trying to establish new law based on principles “cooperative federalism.”
McDade declined to comment on the city’s running total for legal bills so far.
