Police and protestors face off at a March 23 anti-pipeline protest in Burnaby. (Rogue Collective photo)

Burnaby asks Supreme Court of Canada to rule in Kinder Morgan case

Mayor Derek Corrigan said municipal bylaws should apply to federal projects

The City of Burnaby is trying one more time to stop the Trans Mountain oil pipeline expansion.

Staff have asked for leave to appeal at the Supreme Court of Canada, following a lower court ruling in March that upheld a National Energy Board decision that said Burnaby’s bylaws are not enough to stop the project.

Led by Mayor Derek Corrigan, the city has spent months trying to fight pipeline operator Kinder Morgan through its preliminary plan approval and tree cutting bylaws, insisting that the company does not have the right to proceed without Burnaby permission.

Hundreds of pipeline protesters have been arrested for breaching a court order stating they must stay from work at the Burnaby terminal. More than 150 are facing criminal charges.

READ MORE: Indigenous leaders pitch sustainability to Kinder Morgan shareholders

READ MORE: B.C. seeks court ruling on new pipeline regulations

The Trans Mountain project would twin an existing pipeline that extends from central Alberta to a refinery in Burnaby.

The leave to appeal filed Wednesday asks the country’s top court to decide if municipal bylaws can be used to stop an inter-provincial project, as well as whether the National Energy Board has the independent power to dismiss municipal bylaws.

“We believe that even federal pipelines should follow normal rules within municipalities, and that the time taken for regulatory review should be part of the process,” said Corrigan in a news release.

“The court system should be the body that decides whether or not this is fair and just. The Federal Court of Appeal refused to do so – and they did so without providing any reasons.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Truck convoy honouring Nanaimo boy who died after being struck by vehicle

Trucks left from Victoria and others joined along the way up the Island

Nanaimo women look for forward steps at march

Nanaimo Women March On held downtown on Saturday

Nanaimo candidate, premier address spec tax at B.C. NDP event

Premier John Horgan and Sheila Malcolmson say speculation and vacancy tax addresses homelessness

RDN board to vote on spending $150,000 for mapping software

ESRI Canada successful RFP proponent, RDN to vote as part of 2019 budget

Nanaimo’s École Hammond Bay school unveils new gym expansion

Larger gym can accommodate home games and assemblies

REPLAY: B.C’s best videos this week

In case you missed it, here’s a look at the replay-worth highlights from this week across the province

Patriots make 3rd straight Super Bowl, beat Chiefs 37-31 in OT

New England will meet L.A. Rams in NFL title game

Pettersson returns to lead Canucks to 3-2 win over Red Wings

Vancouver’s super rookie has 2 points in first game back after knee injury

Support pours in for Vancouver Island couple whose home was destroyed by massive blaze

GoFundMe page reached $10,000 in one day for soon-to-be parents

Skaters stranded in Saint John, NB, amid storm on last day of championships

More than half of the flights out of the city’s airport were cancelled due to the weather

Call for tighter bail rules after Saudi sex-crime suspect vanishes

Mohammed Zuraibi Alzoabi was facing charges related to alleged sexual assault, criminal harassment, assault and forcible confinement of a woman

12 poisoned eagles found in Cowichan Valley

Improper disposal of euthanized animal suspected

Olympic softball qualifier to be held in B.C.

Tournament is to be held Aug. 25 to Sept. 1

B.C. resident creates global sport training program

The 20 hour course teaches the science and application of interval training at the university level

Most Read