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GUNTER: B.C. takes a beating in its pipeline battle

5 0 0
19.01.2020

The B.C. government hired a highly esteemed private-sector litigator, Joseph Arvay, to go to the Supreme Court and make its case against the Trans Mountain pipeline expansion this week.

Arvay is an old hand at the high court having argued many landmark cases involving civil rights, aboriginal and LGBTQ rights. So he must have seen the judicial beatdown that was coming.

On Thursday, during his final statement to the justices, Arvay conceded, “If I’m not going to win the appeal, I don’t want to lose badly.”

But he (and the B.C. NDP government) did lose. Badly.

Typically, in cases such as this, both sides present their arguments, then the judges go away for a few weeks to consider their decision and write up their judgment.

They almost always come back split – some judges for, some against.

Not in this case.

The Supreme Court justices were unanimous. British Columbia lacks the constitutional authority to regulate what substances are carried in interprovincial pipelines........

© Winnipeg Sun