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.

91裸聊视频淚 don91裸聊视频檛 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,91裸聊视频� he told The Interior News in a phone interview from Calgary.

91裸聊视频淢y belief is that once that91裸聊视频檚 done, this project will not be viewed as being in the public interest and probably would not be approved.91裸聊视频�

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The NEB heard oral summaries from Sawyer91裸聊视频檚 lawyer William Andrews of Vancouver, Coastal Gaslink91裸聊视频檚 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 TransCanada91裸聊视频檚 federally-regulated Nova Gas Transmission Limited (NGTL) system and thus should fall under federal jurisdiction.

91裸聊视频淭ransCanada91裸聊视频檚 CGL project and NGTL system form a single federal work or undertaking,91裸聊视频� Andrews told the board. 91裸聊视频淭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.91裸聊视频�

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

91裸聊视频淚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.91裸聊视频�

Duncanson countered that argument quoting the dissenting opinion in the Westcoast case by Justice Beverly McLachlin in which she writes: 91裸聊视频淚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 91裸聊视频� has the power to regulate provincial works and undertakings.91裸聊视频�

In reply to Williams91裸聊视频� oral submissions, Duncanson scoffed at the ideas.

91裸聊视频淭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 it91裸聊视频檚 all part of this one big thing91裸聊视频攖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,91裸聊视频� he said.

91裸聊视频淎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.91裸聊视频�

Sawyer admits he is a big underdog in the case.

91裸聊视频淭o be clear, the other side is highly-motivated and very well-funded, so we were up against, collectively I counted 91裸聊视频� 28 lawyers in the room representing the pro-LNG side of the equation,91裸聊视频� he said. 91裸聊视频淲e were totally outgunned.91裸聊视频�

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

91裸聊视频淚 have a good case,91裸聊视频� he said. 91裸聊视频淭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.

91裸聊视频淗aving said that, we also recognize that if the bookies were taking odds, we91裸聊视频檇 be a long shot.91裸聊视频�

Coastal GasLink is also feeling good about its case.

91裸聊视频淐oastal GasLink is confident in the facts put before the National Energy Board,91裸聊视频� the company stated in an email following the hearing. 91裸聊视频淎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.91裸聊视频�

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.

91裸聊视频淭his is one stage of a longer story; the story is not over yet,91裸聊视频� he said.

While the legal challenge is based on a jurisdictional argument, Sawyer91裸聊视频檚 motivation is environmental.

91裸聊视频淢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.91裸聊视频�

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

91裸聊视频淚f you actually look at natural gas on a life-cycle basis 91裸聊视频� exploration, drilling etc., if you add that entire life-cycle analysis together 91裸聊视频� 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 it91裸聊视频檚 an environmentally-friendly fuel is just mythology.91裸聊视频�

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: Unist91裸聊视频檕t91裸聊视频檈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.91裸聊视频檚 total carbon output.

91裸聊视频淪how me where in the social and environmental assessment of the impacts of this project is that ever discussed and fact is it wasn91裸聊视频檛.

91裸聊视频淚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, 91裸聊视频榮crew it, we don91裸聊视频檛 care about the caribou, we don91裸聊视频檛 care about the health risks, we don91裸聊视频檛 care about anything but the jobs, jobs, jobs,91裸聊视频� I would not necessarily agree with that, but I would say, 91裸聊视频榦kay, we91裸聊视频檝e got the facts on the table and they still made that decision, I have to respect it.91裸聊视频�

91裸聊视频淩ight now, because all that information wasn91裸聊视频檛 on the table, I don91裸聊视频檛 have to respect the decision. I think it was a mistake and I think history will demonstrate it was a mistake.91裸聊视频�

editor@interior-news.com
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