I am glad to see that our new NDP government has brought in Justice Thomas Berger to advise on how to stop the Kinder Morgan pipeline. I have an idea of my own that I would like to play with.
BC should pass a pipeline building tax of enormous scale; say $10 million per mile, or whatever will be enough to stop Kinder in its tracks. Kinder, and probably the Feds, will no doubt launch a legal challenge to the tax, a challenge that will end up in the Supreme Court.
If BC wins, great. However, should the Supremes finally rule that the tax is somehow illegal, no problem: we then invoke the Notwithstanding Clause which, as I recall, is designed for exactly such a purpose.
That’s what I would urge the NDP and Greens to do.