Kenney Accuses Carney of Contradicting the Constitution on Pipeline Authority

Former Alberta Premier Jason Kenney accused Prime Minister Mark Carney of contradicting Canada’s constitution by giving provinces veto power over interprovincial pipelines during recent public statements.

Kenney said he was “astonished that Prime Minister Carney contradicted the Constitution, settled law, and the national interest today by handing provinces a veto over interprovincial pipelines (at least rhetorically).”

During a news conference, Carney was asked about federal approval of pipelines despite provincial opposition. He responded: “No. Simply no, we must have a consensus of all the provinces and the Indigenous people.” He added: “If a province doesn’t want it, it’s impossible.”

The statement exposed divisions over how Canada should handle energy projects that cross provincial boundaries, with Alberta demanding new pipelines while British Columbia and Quebec resist expansion.

Kenney, who previously served as Alberta’s premier, argued that Carney’s position contradicts established constitutional law. Canada’s Constitution assigns authority over cross-provincial infrastructure to the federal government under Section 92(10), covering projects that connect provinces or extend beyond provincial boundaries.

Courts have repeatedly upheld federal jurisdiction over such projects. The 2019 ruling by British Columbia’s Court of Appeal on the Trans Mountain pipeline established that such infrastructure falls under federal authority because it affects national, not just provincial, interests.

“He doesn’t want to be the leader of the sovereign nation of Canada, he wants to be a project manager for B.C., Quebec and Ontario,” wrote National Post columnist Carson Jerema.

Current Alberta Premier Danielle Smith wants new pipeline infrastructure built to transport oil to northern British Columbia ports. She has warned that excluding energy projects from federal priorities could increase support for Alberta independence movements.

British Columbia remains opposed to such proposals, creating the interprovincial deadlock that Carney appears reluctant to resolve using federal powers.

Read: BC Premier Rejects Calls for New Oil Pipeline Support 

The prime minister has also confirmed he will not repeal Bill C-69, legislation that creates additional regulatory barriers for energy projects. Conservative Leader Pierre Poilievre said the Liberal law has “blocked BILLIONS of dollars of investment in oil & gas projects, pipelines, LNG plants, mines.”

Related: Alberta Premier Says Canada Has Lost $55 Billion in Potential GDP From Cancelled Pipelines



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