Despite assertions from Ottawa and others that the Trans Mountain project falls within the federal domain -- BC Environment Minister George Heyman says the courts are increasingly recognizing provincial rights in these matters.
Heyman points to a Supreme Court of BC decision regarding the Enbridge Northern Gateway pipeline.
Like Trans Mountain's project, the western portion of the Enbridge pipeline would have exported diluted bitumen from Alberta's oilsands to a marine terminal in Kitimat for transportation to Asian markets by oil tankers.
Heyman says the court ruled while the pipeline was interprovincial, it wasn't national, and posed risks to British Columbia that were disproportionate.
" And the court in that case said that because it's an interprovincial project doesn't mean that British Columbia or any province doesn't have a right to put in regulations to protect its economic, social and cultural interests. And that in fact, as a trend in law was towards cooperative federalism where possible."
Enbridge had also been given the green light by the federal government -- but following the decision it was ultimately overturned, and the federal Liberals imposed a ban on oil tanker traffic along BC's North Coast.
Heyman suggests the south coast is just as important and vulnerable so the BC government must act in the best interests of residents to ensure a bitumen spill can be cleaned up -- something various groups have raised alarms over.
"So we're not doing this frivolously. Ultimately it's the courts that will decide whether we have a right. But we haven't done anything yet except announce that we intend to consult with British Columbians."
Heyman says what we've seen is an "over reaction from the other side of the Rockies".