UCP candidate Brian Jean says if he becomes premier he will start a constitutional challenge on the West Coast tanker ban law. The oil tanker moratorium act, also known as Bill C-48, received Royal Assent and is now law..The law prohibits oil tankers that are carrying more than 12 500 metric tons of crude oil, or persistent oil, as cargo from stopping or unloading crude oil or persistent oil, at ports or marine installations located along British Columbia’s north coast from the northern tip of Vancouver Island to the Alaska border.."We need to do more court challenges of the federal government's actions, we don't always win but there are benefits from every challenge," Jean told the Western Standard on Thursday..The law also prohibits loading if it would result in the oil tanker carrying more than 12 ,500 metric tons of those oils as cargo..In addition, the act prohibits vessels and persons from transporting crude oil or persistent oil between oil tankers and those ports or marine installations for the purpose of aiding the oil tanker to circumvent the prohibitions on oil tankers..Finally, the act establishes an administration and enforcement regime that includes requirements to provide information and to follow directions and that provides for penalties of up to a maximum of $5 million.."I am surprised we haven't challenged yet," Jean said.."As near as I can tell it is the first time in Canadian history a law has been written to indirectly harm a legal industry from just one province.".Jean said a challenge to the tanker ban will almost certainly be joined by indigenous groups on the Prince Rupert coast that want economic development there.."This challenge has a good chance of succeeding, but even if it doesn't, any ruling narrows what Trudeau can do in the future.".According to Jean, when Alberta did the carbon tax challenge, it convinced Ontario and Saskatchewan to join.."The mere fact that they did slows the Liberals down on other plans," Jean said.."Ontario matters electorally to Trudeau, even if Alberta does not. Our challenge of the 'No More Pipelines Act' has now been joined by every other province. Supreme court judges notice these things, even the ones who almost always support the Liberals.".On the production caps on oil and fertilizer, Jean said Alberta needs to get aggressive early.."The legal arguments for the two products are different, but I believe the Supreme Court will tie Trudeau's hands on some of the extremely radical things he has planned," Jean said.."On fertilizer, there is space to do something that was not done in the carbon tax case and that is to make the Trudeau government explain and defend the weak science on fertilizer and climate change.".Jean also said he will file a Supreme Court reference on Trudeau’s proposed de-facto production caps. The language from the Supreme Court’s carbon tax decision does not guarantee the federal government can directly or indirectly impose caps on provincially regulated industries..He will also file a Supreme Court reference on Trudeau’s proposed nitrogen/fertilizer emission caps. The language from the Supreme Court’s carbon levy decision does not and should not apply to agriculture and the science on the relationship between fertilizer and climate change is not persuasive.."We will invite other provinces to join us in this court reference," Jean said.."One of the differences between what I'm proposing and what Danielle's proposing with her Alberta Sovereignty Act is if I succeed on even a few of these steps, the injuries of the past get corrected. Danielle's approach, if it works — and it won't — is only defensive for the future. it surrenders on everything that has already happened."."I believe that we can fight Ottawa and roll back the injustices of the past," Jean said.."The Alberta Sovereignty Act accepts the past as a given and says we will fight back, sort of, the next time we are punched in the nose. I don't want to surrender on the past, I want to fix it."
