Introduction
In British Columbia (Attorney General) v Alberta (Attorney General), 2019 ABQB 121, the Alberta Court of Queen's Bench struck BC's Claim on the basis that it was premature but reserved BC's right to recommence the action should the Act become law in Alberta in the future. Given the delays by the Federal government in making a decision on the controversial Trans Mountain Pipeline, and pending the outcome of the Reference Re: Proposed Amendments to the Environmental Management Act (BC)1, BC's Claim may be back in Alberta Courts sooner than later.
Background
In May 2018, the Government of British Columbia ("BC") filed a Statement of Claim in the Alberta Court of Queen's Bench seeking a declaration, as guardian of the public interest, that Alberta's Preserving Canadas Economic Prosperity Act2 (the "Act") was unconstitutional. The Government of Alberta ("Alberta") applied to strike the Claim on the basis that it was premature and inappropriate for the consideration by the Court.
The Act was passed by the Alberta legislature in May 2018 in response to escalating tensions between Alberta, BC, and the Federal Government over the expansion of the Trans Mountain pipeline which will increase its capacity and provide...
