Saskatchewan

Sask. allowed to join federal government in court to argue for Trans Mountain pipeline expansion

The Saskatchewan government is taking the federal government's side in a legal fight to have the Trans Mountain pipeline expansion project built.

Federal Court of Appeal to hear arguments about cabinet approval of TMX

Pipe for the Trans Mountain pipeline is unloaded in Edson, Alta. The federal government has said project could be completed by mid-2020 if the court allows it to be built. (Jason Franson/The Canadian Press)

The Saskatchewan government will be taking the federal government's side in a legal fight to have the Trans Mountain pipeline expansion project built.

The province has been granted leave to intervene in the Federal Court of Appeal case next month.

The province will argue the federal government adequately consulted with Indigenous peoples and followed the proper steps in approving the project. 

"Saskatchewan will make submissions to the Federal Court of Appeal on the need to fairly balance the duty to consult with other matters of public interest, such as transportation infrastructure," Justice Minister and Attorney General Don Morgan said in a news release. 

He said a precedent might be set if the court rules against the province's argument that an inter-provincial pipeline is of national interest.

"Projects like Trans Mountain create a stronger economy that allow the federal and provincial governments to invest in programs and initiatives like health and education."

Saskatchewan's Premier Scott Moe and his government have argued the TMX expansion would allow more western Canadian oil to get to international markets, increase confidence in oil and gas development and reduce oil transported by rail, therefore freeing up capacity to transport agriculture and mining products.

"This particular [pipeline] doesn't move Saskatchewan products but we think it's imperative that we support the proposition that pipelines are necessary for the energy sector and for all provinces," Morgan said.

While the federal Liberal cabinet has now twice approved the project, Attorney General David Lametti, "took no position for or against the leave motions brought by the Indigenous and First Nation applicants," the court said in Sept.

If approved, the pipeline could carry nearly a million barrels of oil per day from Alberta to B.C.'s coast. The federal government has said the pipeline could be completed by mid-2020.

Meanwhile, Moe's government is on the opposite side of a legal fight with Ottawa when it comes to the carbon tax.

The province has had two court rulings go against it and is awaiting a hearing at the Supreme Court of Canada in January.

"In this case, I'm pleased that the federal and provincial government are going in the same direction and maybe it will set a trend that we can work with them on more things," Morgan said.

On Monday, Saskatchewan's Minister of Energy Bronwyn Eyre spoke about TMX at an energy summit in Calgary.

"The Trans Mountain Pipeline Expansion Project is in the interest of all Canadians," Eyre said in her speech. 

"Energy projects, including pipeline projects, are a source of prosperity. Our government continues to advocate for vital energy infrastructure, which supports national unity and enhances the Saskatchewan and Canadian economy."

ABOUT THE AUTHOR

Adam Hunter

Journalist

Adam Hunter is the provincial affairs reporter at CBC Saskatchewan, based in Regina. He has been with CBC for more than 18 years. Contact him: [email protected]

with files from CBC News