I'm astonished that Prime Minister Carney contradicted the Constitution, settled law, and the national interest today by handing provinces a veto over interprovincial pipelines (at least rhetorically.)
Here is the first question from a journalist, and the Prime Minister's response, at his new conference outlining Bill C-5 today:
Q) "Let's say there is a pipeline project that you determine is in the national interest, but there is a province along the route - (say) Quebec, British Columbia - that doesn't want it. Are you going to impose it regardless?"
A) "Certainly not. There must be a consensus of all the provinces, and indigenous people. There are several projects in the national interest, and there will be a process in order to determine if there is a consensus... and if a province doesn't want it, it's impossible. I will not impose a project on a province. We need a consensus behind these projects."
This contradicts the division of powers in Sections 91 and 92 of the Constitution Act, particularly the clear meaning of 92(10)(c) which states that the following is *not* a provincial power:
"Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province."
This section has always been understood to include interprovincial pipelines.
This was tested very recently in the unanimous ruling of the BC Court of Appeal, subsequently upheld by a unanimous decision of the Supreme Court of Canada, which struck down a legislative effort by the BC government to block the Trans Mountain Pipeline Expansion (TMX.)
bccourts.ca/jdb-txt/ca/19/01…
To be clear: Justin Trudeau's government approved TMX, ensuring its construction against the clear opposition of BC's NDP government. It did so because interprovincial pipelines are within federal regulatory power, per the Constitution, as recently affirmed by the highest court in the land.
Why is Prime Minister Carney undermining this clear and necessary division of powers? How can we build "one Canadian economy," or "make Canada an energy superpower" if any one province can stop a major, nation-building project to get our resources to the world, or for that matter to the rest of Canada?
Now more than ever we need strong leadership to advance the national interest, not a dysfunctional federation where one political faction in one province can block major projects of national ambition.