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

UPDATE: Chief explains TNG position on road blocks, moose hunt

Members of the Tsilhqot’in Nation are making good on their promise

CRD launches survey for those impacted by wildfires, floods

The Cariboo Regional District has opened a survey for residents and visitors.

BREAKING: Emergency crews on scene of collision at Wildwood

Traffic on Highway 97 north of Williams Lake near Wildwood has been stopped

Letter: 2020 reopening of West Fraser Road is unacceptable

Letter writer details many problems with the current detour route

SD27 prepares to celebrate Orange Shirt Day for the fifth year

Orange Shirt Day critical for all students, says SD 27 superintendent

Watch out for Pavement Patty: Drivers warned outside B.C. elementary school

New survey reveals unsafe school zones during 2018 back-to-school week

Update: Search called off for missing plane between Edmonton and Chilliwack

Search efforts were concentrated along the Highway 5 corridor between Valemount and Kamloops

Why Whistler for ski jumping in 2026? Calgary proposal gets pushback

Calgary 2026 proposes re-using the 2010 ski jumping venue Whistler for that sport and nordic

VIDEO: Dozens line highway as family brings home body of B.C. teen

Northern B.C. showed their support by lining Hwy 16 as Jessica Patrick’s body returned to Smithers.

Despite progress, threat of 232 tariffs dominates NAFTA negotiations

Any deal is seen to require congressional approval before Dec. 1 to survive new Mexican government

B.C. MP Todd Doherty receives award for saving man who collapsed on a plane

Conservative MP was flying from Vancouver to Prince George, B.C., in June last year

Alleged border jumper from Oregon facing 2 charges after police chase in B.C.

Colin Patrick Wilson charged with dangerous operation of motor vehicle, flight from a peace officer

More than 35 B.C. mayors elected without contest

No other candidates for mayor in the upcoming local election in 22 per cent of B.C. cities

‘Hero’ kid fighting cancer helping with B.C. Children’s Hospital fundraiser

Penticton’s Wills Hodgkinson helping raise funds for B.C. Children’s Hospital

Most Read