Category Archives: Canada

Environmental ‘Process’ a Myth in Stephen Harper’s Canada

January 28, 2013Canada, PoliticsRafe Mair

It’s past time that we began to examine the word “process” as it relates to the environment. It has become, you see, a federal buzz word for sacrificing the environment while making it look all nice and legal.

Last fall, I, along with Ben West of the Wilderness Committee, spoke to a group at a North Vancouver church hall. Conservative MP John Weston was there and chose to deal with C-38, the infamous Budget Bill which was also an omnibus bill. He chose to take the mic and defend the erasure of protection of fish habitat. In fact, he defended this outrageous section by saying it provided “process”. Moreover he claimed that this was why he supported Bill C-38.

He was lying through his teeth – he supported Bill C-38 because it was the budget. Moreover, he couldn’t have even argued with the section slashing habitat protections from the Fisheries Act because that would have been tantamount to opposing the budget and he would have been unceremoniously tossed out of Caucus and denied the right to run again on the Conservative ticket.

“Process” is a weasel word to disguise the fact that there will be no meaningful process at all.

Let’s go back a step or two. Some things we have decided to protect by denying anyone the privilege of interfering with it. Our national and provincial parks are thus protected. You cannot take a piece of a park and say, “I want to cut this down or dig it up or whatever so please tell me what the ‘process’ is that I must follow.”

I often put it to Lower Mainland readers that Stanley Park might be a good place to log, always reforesting as you go. It would provide jobs for several years and bring a lot of money into the city. So let’s set up a “process”.

“Bugger that!” would be the cry you would hear loud and clear. “Stanley Park is not for desecration, no matter what the reason.”

Would this change if a process was in place where the people could advise the logging company what environmental practices should be followed? Count that as a rhetorical question.

“Process” to Weston and his gang means holding hearings that do not involve the question of whether or not the public agrees with the plan but only deals with whatever safeguards should be adopted and at any rate, the government doesn’t need to pay any attention to whatever recommendations are put forward. In fact, the Harper government has made it clear that the proposed Enbridge pipeline will go ahead irrespective of what the Environmental hearings recommend.

Now, there is another thing we must ponder when considering trusting our environment to governments and their process.

For not only is it insulting to citizens’ intelligence to tell them that there is a “process” in place – doubly insulting if licenses are awarded, with limitations, when those limitations are not enforced.

Last week we learned – surprise! – that private river power operations (IPPs) in southwest BC racked up a staggering 749 environmental violations in 2010 alone, with virtually no consequences for the companies responsible. Spawning salmon are being trapped in pools downstream from private power dams and dying! In response, the Executive Director of the private power lobby, Paul Kariya, said words that, in effect, equated to “shit happens”.

The Federal Department Of Environment expressed some concerns about environmental protection generally and told us how rather than enforcing the law they were working with the miscreants in a cooperative way.

The truth is that there is virtually no investigation or enforcement at all. In the case of Fish Farmers, one of the first things the incoming Campbell government did was return all the fines levied against them when the NDP were in power and enforced the laws.

Private river power operators are permitted to police themselves. Why aren’t they being watched and dealt with? Do we really believe that when the water subsides the IPPs, rather than risk the salmon, they will shut down or decrease the water (and revenues) flowing through their pipes?

We in the fight for the environment have, naturally, concentrated on the big pictures. We haven’t paid enough attention to the extent of the crimes being visited upon our environment by Fish Farmers, IPPs and pipelines now in existence.

In my view, the Opposition NDP, who have funds for research, ought to do just that on the matters I’ve raised.

And do it now.

Rafe Mair: Why BC’s First Nations should refuse Harper meetings…for now

January 15, 2013Canada, First Nations, PoliticsRafe Mair

I do not pretend for a second to know what is on the mind of First Nations leaders who have been skeptical of “Crown-First Nations” meetings such as took place this past Friday and the follow-ups currently being scheduled. Leaders like Union of BC Indian Chiefs’ Grand Chief Sewart Phillip and chiefs from Manitoba, Ontario and some from Saskatchewan have chosen to sit this latest round of talks out. Nor do I know what would change their minds on attending future conferences.

I do pretend to know something about politics.

National Assembly (AFN) Chief Shawn Atleo is a controversial political leader and how else could it be? His Assembly is supposed to represent First Nations throughout the nation. He doesn’t in real life and that is to be expected. His leadership is constantly in question – particularly from members of the “grassroots” Idle No More movement. This pressure has apparently taken its toll, as following Friday’s meeting, Atleo announced he was going on a “brief” sick leave.

On the other hand, while Stephen Harper doesn’t have every Canadian behind him, by reason of our “first past the post” system, he is a dictator so long as he is Prime Minister. Right from the get-go that makes conferences between the two parties difficult unto impossible.

The concerns of each band of First Nations not only are inconsistent with one another, how could that be otherwise?

Here are some facts:

Total Aboriginal population of BC: Approximately 200,000
Total number of Indian bands in BC: Approximately 200
Total number of eligible B.C. First Nations/Indian bands in the treaty process: 116

To complicate matters, most nations or regions have unique languages and dialects.

At the root of claims is land and these claims differ from band to band within BC, let alone within the country. Some land claims have been disposed of by treaty (often unfairly), while in BC, the vast majority are not under treaty and are subject to land claims being dealt with at a glacial pace. Moreover, many First Nations want nothing to do with the process.

The situation reminds one of Israel, where an Israeli government can claim it wants to settle borders with Palestinians yet continues to build on land which is part of the pre-1967 land owned by Palestinians. With First Nations, the BC and Canadian governments are permitting development of Indian land without a by-your-leave.

Again, while I have no insight into all the considerations of BC First Nations, let me tell you what I would feel if I was in Grand Chief Phillip’s mind or that of any BC chief’s position.

I would refuse to deal with Federal Minister for Indian and Northern Affairs and Northern Development John Duncan, who has consistently supported salmon farms, which many coastal First Nations vehemently oppose. His presence is like the red flag to the bull.

I would refuse any part of a meeting with the Feds until that part of the past budget that took away from protection of fish habitat is repealed.

There would be no parley until both the provincial and federal governments stopped approving of fish farms and mandated a removal to land of all existing farms.

I would demand both levels of governments respect the clearly stated position of Treaty 8 First Nations in northeast BC, who oppose Site C dam based on their treaty rights.

Similarly I would demand an immediate moratorium of all proposed pipelines until all Native claims are settled and I would demand that all tanker traffic – be it from Prince Rupert, Kitimat or Vancouver Harbour – be banned by legislation.

I would require that the recommendations of the Cohen Commission Report put in place immediately.

Finally, I would require any environmentally objectionable project be put to local residents as to the need for them in the first place and that this be done before any environmental hearings take place.

These gestures and actions would be a condition precedent to any parley with the feds.

Why would any BC Chief be bound to accept any resolutions unless they are consistent with their needs, desires and historical claims?

The meeting which was just held and is supposed to reconvene seeks to find a one-size-fits-all, whether specifically or in principle. Why should Grand Chief Phillip, who has a mandate to deal with BC matters, accept a conference which by its nature seeks solutions on a one-size-fits-all basis?

It’s not parochial to point out that decisions will cater to larger populations with the powers of persuasion they possess.

Given the obvious lack of interest by the Harper and Clark governments in the basic concerns of BC First Nations, it would be folly for local leaders to enter a process in which they have little to gain and a great deal to lose.

2012: The Year of Energy Politics

December 21, 2012Canada, Energy and Resources, Fracking, Oil&Gas, Pipelines and Supertankers, Politics, Tar Sands, Western CanadaAlberta Tar Sands, BC Oil Pipelines and Supertankers, Enbridge, FIPA, fracking, Oil and gas, Politics, Stephen Harper, Water and EnergyDamien Gillis

CBC’s Power and Politics has chosen “energy politics” as the top Canadian news story for 2012 and we at the Common Sense Canadian couldn’t agree more.

Energy is the current which runs through a diverse array of issues presently reshaping our country – from omnibus budget bills that have slashed environmental regulations, to foreign trade deals, changes to our labour rules and, perhaps most significantly, the growing mobilization of First Nations, supported by non-aboriginal Canadians, to oppose many of these initiatives.

2012 was a year that began with Conservative Natural Resources Minister Joe Oliver dismissing opponents of the proposed Enbridge Northern Gateway pipelines as “radicals” and ends with the Idle No More rallies sweeping the nation – with support coming in from as far away as Buckingham Palace (or just outside its gates, anyway).

It was a year when two very different visions for the future of Canada and its place in the world collided headlong with each other. One seeking to curb the Tar Sands and new arteries essential to its growth, the other striving to make Canada into a new Saudi Arabia – provider of oil, gas and coal to emerging Asian markets.

Each policy piece from the Harper Government was part of a bigger puzzle, designed to bring its new vision to fruition.

There was the first omnibus budget bill, C-38, which gutted the Fisheries Act, watered down environmental assessment processes and slashed ministry staff in monitoring and regulation. The Common Sense Canadian published retired senior DFO scientist and manager Otto Langer’s first warning of these intended changes to the Fisheries Act, which unleashed a media firestorm and spate of denials from senior Harperites.

We also published the sad farewell letter from one of the world’s top marine pollution experts, Dr. Peter Ross, who lost his job when the Harper Government essentially canned our entire ocean monitoring program. Even one of the world’s top monitoring stations for climate change and arctic ice melt, PEARL, could not escape this government’s ax (for a savings of a whopping million and a half a year).

Clearly, these changes grew out of and helped to further a “see no evil, hear no evil” approach to climate science that is critical to the Harper Government’s hydrocarbon expansion agenda – which also demanded the smoothing of those pesky regulatory hurdles for resource project development.

But one of the Harper Government’s pet projects, the Northern Gateway pipeline, made defending its agenda more challenging, with an unrivaled string of public embarrassments. There was the damning US report on the company’s 2010 disaster in Michigan, then more spills in Canada, a badly bungled PR campaign, the infamous “missing islands”, and repeated blunders at the National Energy Board hearings into its proposal.

Yet, even with these public blemishes on the star of its new energy vision and with mounting evidence of catastrophic, fossil fuel-driven climate change, the Harper Government’s attitude remained unchanged, especially on the international stage. In 2012, we became the first country to formally pull out of the Kyoto Protocol (not that we ever took our commitments serious in the first place). At the same time, Canada was caught by the Guardian, through a leaked memo, working to block a resolution to end to public subsidies for fossil fuels at the Rio+20 summit.

Back in Ottawa, the latest omnibus budget, C-45, picked up where its predecessor left off, slashing the age-old Navigable Waters Protection Act – one of the main beefs of the Idle No More movement.

Provincially, energy politics have dominated the agenda too – from the well-publicized spat between BC Premier Christy Clark and Alberta Premier Alison Redford over revenue sharing from the proposed Enbridge pipeline, to Redford’s new alliance with Quebec Premier Pauline Marois over alternate plans to move bitumen East.

The media and public discourse in BC was particularly infused with with energy – beginning with the NDP and Liberals jostling for positioning on Enbridge, to the emergence of KinderMorgan’s proposed pipeline and tanker expansion for Vancouver as a major urban issue in the lead-up to next May’s election. Add to that natural gas fracking, proposed pipelines and the plan to build multiple Liquified Natural Gas (LNG) terminals on the coast – all of which are increasingly on the media and public’s radar and sure to be election topics. The movement against the proposed Site C Dam, which would power gas and mining operations, is building momentum too.

The NDP has been all over the map on these issues, initially getting behind fracking, new pipelines and LNG plants with few reservations, then, recently, showing signs of feeling some of the public pressure building around these issues. This was evidenced by an op-ed in the Georgia Straight, co-penned by Energy Critic John Horgan and Environment Critic Rob Flemming, promising “a broad public review of fracking” and “immediate changes to protect B.C.’s water resources”.

The party appears caught between the growing concerns about fracking and LNG and a desire not to appear to be too “anti-business” or ignore an opportunity to reboot the BC industry and close the budget gap with increased royalties and related revenues. It will be very interesting to see where the NDP goes on this file in 2013.

Christy Clark, for her part, has left no doubt about her bullish outlook for natural gas and LNG, comparing BC’s potential with this resource to Alberta’s Tar Sands. Some of the nation’s top independent energy experts have poked big holes in Clark’s plan, though, suggesting that her numbers simply don’t add up.

Federally, the NDP’s selection of Thomas Mulcair shook up the political scene and energy debate. Unlike Harper’s former Liberal Opposition challengers, Mulcair seemed to have a firm grasp of energy and economic issues and was prepared to take on Harper on topics others would shy away from.

Take Mulcair’s rendering of the “Dutch Disease” into a Canadian household term. The concept, supported by the OECD and other highly reputable economic institutions and economists, holds that the downside of a petro-state economy is artificial currency inflation, which leads to the hollowing of a nation’s manufacturing sector. New jobs in Fort MacMurray mean layoffs in Hamilton. The fact Mulcair was able to get the traction he did with this discussion and to lodge it – even a little – in the national consciousness is a testament to his oratory skills, political sensibilities, and willingness to take some risks to differentiate himself from Harper. Mulcair also helped to re-frame pipeline politics, opposing Enbridge but getting behind the notion of shipping bitumen East (the source of another emerging public energy debate).

But the reach of energy politics extended far beyond provincial and national borders this year, as the Harper Government negotiated a new trade deal with China, ostensibly to stimulate investment in Canadian energy resources. The Foreign Investment Promotion and Protection Act (FIPA) came under great scrutiny – particularly in these pages – for eroding Canadian sovereignty and enshrining much diminished environmental protections as the law of the land for years to come.

Harper seemed caught off guard by the backlash generated by this deal and several concurrent foreign buyouts of Canadian energy companies – which seemed to be the very purpose of FIPA. When he finally approved the $15 Billion purchase of Nexen by Chninese state-owned CNOOC and Canadian gas company Progress Energy by Malaysian giant Petronas, it was late on a Friday afternoon, to avoid the media glare that had been focused on these deals. He promised then, surprisingly, that this marked the “end of a trend and not the beginning of one” with regards to such foreign buyouts of Canadian energy assets (PS we aren’t buying that line here).

Compounding the public and media pressure around FIPA and these energy company buyouts was the controversy that erupted from a coal mine in northeast BC. When it emerged the company, HD Mining, was hiring all imported Chinese workers for its Murray River mine, a heated back-and-forth ensued between the United Steelworkers’ Union and a Chinese worker who has filed a complaint with the Human Rights Commission, alleging the union is “creating contempt for Chinese people”.

In the midst of this fracas, an embarrassed Immigration Minister Jason Kenney promised to review the labour rules that allowed this situation to happen. And yet, it was Human Resources Minister Diane Finley, with Kenney’s support,who just recently made the changes to the Canadian labour regulations that enable companies to hire foreign temporary workers for lower wages than they would pay Canadians.

The Harper Government’s labour policy seems designed precisely to encourage situations like the one at Murray River, directly undermining the government’s “jobs” rhetoric around resource development.

Likely as a result of all this scrutiny, Harper has delayed on ratifying the Chinese FIPA. A campaign led by social media-driven public advocacy groups Leadnow.ca and Sumofus.org generated over 80,000 petition signatures and thousands of letters and submissions to government officials protesting the proposed FIPA.

But the biggest story in 2012 has been the unprecedented coming together of aboriginal and non-aboriginal Canadians to jointly confront these hydrocarbon projects and the Harper Government’s vision for Canada’s future. Even in the waning days of 2012, we saw another victory by First Nations and environmentalists working together to secure a long-term ban on coal bed methane fracking in the Sacred Headwaters. That the Clark Government saw this as politically expedient – or necessary – is interesting in and of itself.

It remains to be seen where the Idle No More movement goes from here. Will its intensity subside in the new year like the Occupy Movement of last year, or will it be forged into a formidable political force, crystallizing the burgeoning sense of discontent amongst many Canadians with the direction our political leaders are taking us?

2013 holds the answers to many other burning energy questions, like how the Enbridge pipeline hearings will conclude or when KinderMorgan will formally file its plans. Will this American company’s experience be smoother than that of Enbridge, or will an unprecedented urban environmental movement rise up to block its path? What role will natural gas will play in BC’s provincial election? Will this new energy alliance between Alberta and Quebec and the vision to pipe the Tar Sands East pan out? Perhaps most interesting, will Harper ratify or abandon FIPA and will he keep his word on nixing future foreign buyouts of Canadian energy assets?

Stay tuned to the Common Sense Canadian in the New Year to find out. Or maybe the evening of December 31st. Knowing the Harper Government, that’s when all the really important changes to our national fabric will be announced.

Despite PM’s Assurances, Floodgates Open to Chinese Govt as Encana, PetroChina Partner

December 16, 2012Canada, Energy and Resources, Fracking, International, Oil&Gas, Pipelines and Supertankers, Politics, Tar Sands, Western CanadaAlberta Tar Sands, BC Oil Pipelines and Supertankers, China, FIPA, fracking, Oil and gas, Politics, Stephen HarperKevin Logan

“For the right price, anything is for sale” -Anthony Lambert, President and CEO of a Canadian arm of Chinese state-owned Sinopec, known as Sinopec Daylight Energy

Canadians are seeing red this week after a series of announcements reinforce concerns about the loss of Canadian resources and sovereignty.

The focus has been the Alberta Tar Sands, but natural gas plays are also in the mix. Four days after Stephen Harper boldly stated that the CNOOC/Nexen and Petronas/Progress takeovers marked the “end of a trend and not the beginning of one,” one of Canada’s largest oil and gas companies, Encana, announced a joint venture in a 4-plus billion dollar gas play in which PetroChina will have a 49.9 percent stake. A “minority” position such as this is seemingly an end-run on the “new,” yet unexplained criteria dictating the level of Chinese/foreign investment the Harper government would support.

CNOOC’s Nexen bid was a full takeover of a Canadian-based company with international holdings, however its mainstay is the Alberta oil patch and part of that takeover also includes a percentage of Syncrude. These companies have enjoyed years of Canadian taxpayer subsidies and support to make them profitable. The benefits of that multibillion dollar effort will now accrue to a Chinese “SOE”, or State Owned Enterprise, turning Canada into what the Alberta Federation of Labour’s recent detailed report describes as “China’s Gas Tank”.

Those supportive of foreign SOE investment in Canadian resource plays dismiss the concerns raised as unwarranted paranoia. A sort of “Reds under the bed” fear being mocked by folks like Bob Rae, outgoing liberal leader and supporter of Chinese investment. But this dismissive attitude shared by the supporters of such investment neglects the heart of the matter.

Joseph Stalin once said, “When we hang the capitalists they will sell us the rope we use,” which is in keeping with the Sinopec President’s view that “anything is for sale at the right price.” This point is pivotal. Chinese investment by SOE’s seems counter-intuitive to a “free enterprise” approach – a central plank in the ideologically driven agenda of Stephen Harper. So why does he abandon such principles along with his base and run far from the centre over to what many view as the extreme left?

It is largely due to the fact that SOEs have deep pockets and are paying real, serious, above-market premiums to snatch up Canadian oil and gas assets, which is enriching longstanding players in the patch and their investors. And it is true that they are doing so because there is profit to be made, and not simply in owning Canadian resources raw and sending them home to China.

But it’s really about the age-old geopolitical game of control over the world’s resources, exploiting them elsewhere while leaving one’s own in the ground, as United States has historically done (however, now you will note that they too are falling prey to exploitation and export of their “Homeland” resources.) All of which will fuel the growth of China’s economy into what people are proclaiming will be the world’s largest economy in as soon as a decade or two.

China has a stake in many nations around the globe and the forces that historically “nation build” are at work once again in boosting China to the forefront of the world, unfortunately their model has even less trickle down to the Chinese people, as they often live in squalor and cities that could house millions remain empty.

To accommodate this agenda the Harper government has created a very attractive investment “climate” in the Tar Sands. A much-reduced royalty rate, heavy subsidies, a gutted environmental regime, paralyzed environmental assessment processes. All this while accruing decision making to the top. Cabinet (read Chairman Harper) will decide cross-border pipelines, terms of trade and investment deals, criteria for foreign investment, and he has taken measures to lock in the new legislative framework dictating resource development and exploitation for decades to come.

During the minority reign of the Harper administration, he oversaw the single largest divestiture of a “public asset” in our nation’s history when he constructed the offloading and privatization of Petro Canada. The result was a gift to industry, a huge loss to Canadian taxpayers and it closed the public window we had on this industry from well to pump. Which is why Harper was so precise with his language when he approved the CNOOC/Nexen and Petronas/Progress takeovers.

Indeed, the first thing out of his mouth at the press conference announcing the approvals was, “To be blunt, Canadians have not spent years reducing the ownership of sectors of the economy by our own governments, only to see them bought and controlled by foreign governments instead.” However that is precisely what is occurring, no matter how you slice it.

But Harper ignores this reality and doubles down on his bold misrepresentation of the facts, “It is not an outcome any responsible government of Canada could ever allow to happen. We certainly will not.” And they should not, Harper realizes its not what Canadians want, which is why he takes to the mike and says these things. So why does he do the exact opposite?

Foreign investment is already a serious issue in the oil and gas industry in Canada. Forest Ethics recently released a brief explaining how Canada’s major oil and gas players are on average 71% “foreign owned.” In fact, the major players in the patch are almost entirely foreign owned; it is only the Canadian-based companies that bring that percentage down from fully foreign ownership. But even those Canadian-based companies are owned by foreign interests in the majority. All of this equals an exodus of cash from the country, only outdone by the flow of oil, gas and other raw resources.

If Canadian companies cannot find the money to invest in the oil and gas patch, despite outgoing Bank of Canada Governor Mark Carney’s criticism that corporate Canada is sitting on over 600 billion dollars of “dead money” and Canadian “SOEs” needed to be sliced, diced, demonized and sold off, why are Chinese SOEs all the rage?

Jim Stanford, a highly respected, independent-minded Canadian economist, suggests the notion that Canada cannot capitalize its own resources and must therefore rely on foreign investment is balderdash. Moreover, the Conservatives still boast that Canada and its banking industry are a pillar of stability in a sea of insecurity and crashing economies. All of which runs counter to the oft-repeated cliché that “we need” this foreign investment, and is instead looking much like a foreign takeover of not only our resources but our sovereignty.

This is where the Canada-China Foreign Investment Promotion and Protection Act (FIPA) comes in. This government continues to claim that somehow FIPA is good for Canadian investment in China, yet there is no evidence of that. Preeminent Canadian economist Diane Francis, a polar opposite to Jim Stanford, would probably agree with him on this one, as she has suggested the FIPA should be ripped up. Meanwhile, even Canada-US free trade architect Brian Mulroney states that we are still at least a decade away from free trade with China.

So why FIPA? Why now? In corporate parlance this amounts to a “Friendly Takeover”, as both entities agree there are “synergies” with the syncrude and are supportive of the entire notion, therefore it’s not a hostile takeover.

In promoting this deal, the Harperites will tell you that we have dozens of other FIPAs and this one is simply just another one. However that too is very misleading. The others are largely with countries where Canadian-based companies, typically mining companies, are operating.

Once again, these companies maybe Canadian-based, but they are largely foreign-owned, and they base themselves in Canada because our legislative environment is accommodating to their agenda. Canada is to mining what Switzerland is to banking and the FIPAs we negotiated are in most cases as draconian for the less-developed nations as the Chinese FIPA is for us.

These FIPAs guarantee the exploitation of mineral rights in less developed countries, for Canadian-based mining companies, and ensure the governments are removed from the equation, unable to protect the environment or increase royalty rates. In fact, the governments are reduced to cheerleaders on the “promotion” side of these agreements. Any move to regain sovereignty, charge respectable royalties, protect the environment or impose any restrictions on unbridled exploitation is met with severe financial penalties, meted out by a new corporate judiciary established by these agreements, which works in secret and is entirely profit-motivated.

This is exactly what is happening to Canada with the Chinese FIPA.

However, a huge push back has occurred and Harper seems frozen in his tracks on this one.

After having restructured the very fabric of the nation with two omnibus bills – the largest we have ever seen – he has still not ratified the agreement. Ironically, Omnibus bills have been used very sparingly in history. In 1971 Liberals used the practice to establish the “Department of the Environment,” and then again in 1982 to establish Trudeau’s infamous “National Energy Program.” The Conservatives fought it then and had the bill divided into eight different sections. On the other hand, Conservative governments have used the practice more. They used it once to enact NAFTA, and now twice since Harper obtained his majority – for the opposite purpose of omnibus bills of old, which established our internationally-renowned environmental practices and the nation-building, sovereignty-securing laws of Trudeau’s NEP.

As we pointed out in painstaking detail here at the Common Sense Canadian, the recent Omnibus bills run contrary to the FIPA treaty process and, in our opinion, render it null and void. This could be at the very heart of the delays we are now experiencing. There were many petitions and expressions of outrage, however, the argument we forwarded was indisputable and has put the Harper Cabinet in a box. And now we have an opportunity to follow up and here is why.

If FIPA is ratified, it will mark the end of Canadian sovereignty in the oil and gas patch. It will also ensure that China becomes the major driver of activity in both oil and gas. The terms are so favourable for “Chinese investment” that it will force partnering with them on resource plays as evidenced in the recent PetroChina/Encana joint venture announcement. The FIPA offers such attractive terms that partnering with any other private companies or SOEs would put one at a disadvantage. This essentially makes the draconian FIPA terms the new de facto law of the land and not simply a bilateral investment agreement. Can you imagine the Harper government or any other government making laws – or restoring those recently stripped away – which apply to everyone but Chinese companies?

I raised these points and many others in my submission to the FIPA environmental assessment process and we encouraged you to do the same. The campaign was picked up by savvy internet politicos who run Leadnow and similar organizations. The end result was thousands of submissions to various levels of government on this issue, on top of the 100 thousand-plus petition signatures these groups garnered against FIPA. Others chimed in as well, and the result so far has been positive.

However there is still an opportunity to communicate once again our adamant disapproval of the FIPA agreement. It is important we do so in order to send a message loud and clear that we do not approve locking in subsidies, much-reduced royalty rates, much-diminished environmental processes and reduced protection for over thirty years – an eternity in terms of the timeline required to liquidate our oil and gas resources.

It may have made sense in the beginning to give the resource away and subsidize its growth, in an effort to get a capital-intensive exercise on a solid economic footing, but at a time where balanced budgets elude us, debt is racking up at any amazing pace and our standard of living is eroding, we cannot afford to allow these conditions to persist so long into the future. It will spell our demise.

So take the time and visit this link related to the Chinese FIPA and share these concerns with them. At this point the Minister of Industry has stated uncertainty around the ratification of FIPA, therefore we need to continue to apply pressure in order to at the very least delay, if not entirely avoid, ratification of this treaty. Our future and our kids depend on it.

You can visit this link and copy and paste the letter there, as it is still relevant and they invite more comments to that final FIPA Environmental Assessment, despite the closing of the public window for submissions.

Comments on this report may be sent by email, mail or fax to:

Environmental Assessments of Trade Agreements
Trade Agreements and NAFTA Secretariat
Foreign Affairs and International Trade Canada
125 Sussex Drive, Ottawa, Ontario K1A 0G2
Fax: (613) 992-9392
E-mail: EAconsultationsEE@international.gc.ca

NDP Op-ed: Party Committed to Review of Fracking, Tougher Regulations

December 14, 2012Canada, Energy and Resources, Fracking, Oil&Gas, Politics, Water and Hydrocarbons, Western Canadafracking, Oil and gas, PoliticsCommon Sense Canadian

Read this op-ed by the BC NDP’s Energy Critic John Horgan and Environment Critic Rob Flemming, promising a tougher stance on natural gas fracking and related water issues. (Dec 13, 2012)

British Columbia needs to have a strong environmental lens guiding the development of our energy resources. As we transition to a sustainable, low-carbon economy, we must recognize the need for the responsible development of existing energy sources.

While British Columbia has a well-established natural gas industry and an existing network of natural gas pipelines, we must approach further expansion with care.

New Democrats have met with First Nations, local governments, and residents throughout northeast B.C. While there are questions and concerns about hydraulic fracturing, or fracking, there is also much agreement that extraction and liquefied natural gas (LNG) projects can be done with greater consideration for environmental protection.

That’s why Adrian Dix and B.C.’s New Democrats have put forward a plan that we believe will ensure long-term sustainability and environmental stewardship, greater public accountability, and best practices in the industry, particularly when it comes to fracking.

The first point of our plan would be to appoint an expert panel to conduct a broad public review of fracking, including public hearings and consultations with First Nations, local communities, industry, environmental groups, and citizens. The panel will ensure British Columbians get B.C.-specific information they can trust.

Second, we would make immediate changes to protect B.C.’s water resources, including consolidating authority for water licensing within one public body; improving water mapping, monitoring and public reporting; and reviewing current water pricing practices.

Many British Columbians are raising valid questions and concerns about water use and the impacts of fracking. Our call for a review of water management stands in stark contrast to the B.C. Liberal government, which has largely failed to put the necessary protections in place.

The B.C. Liberal government has dragged its feet on introducing the Water Sustainability Act which promised to “respond to current and future pressures on water, and position B.C. as a leader in water stewardship.” While draft legislation was promised years ago, it likely won’t see the light of day before the end of the Liberals’ term in office.

A number of B.C. First Nations are in favour of supporting LNG development under the right circumstances. For example, while the Fort Nelson First Nation has criticized the Liberal government for “irresponsible, unsustainable water use” in the shale gas industry, they acknowledge the economic benefits of the natural gas industry and believe “that shale gas development can occur without full-scale damage to our rivers, lakes, and streams”.

Our plan would also include extending funding for the Farmers’ Advocate office to ensure landowners in the natural gas fields have the credible, independent support they need to deal with the gas industry.

And finally, we must find ways to align expansion in gas development and greenhouse gas emissions with the targets set out in the province’s Climate Action Plan. The Liberals have largely failed to take responsibility on this front, opting instead to change the definition of what constitutes “clean” energy rather than tackle the tough issues.

New Democrats can support LNG exports while opposing the Enbridge Northern Gateway Pipeline because LNG is a much safer alternative to oil. While any incident would be a major concern, the safety record of gas pipelines, LNG terminals, and LNG tankers shows there have been very few leaks. And unlike raw bitumen, which would cause a devastating environmental catastrophe in the case of a major spill off B.C.’s north coast, liquefied natural gas would evaporate and dissipate.

A New Democrat government would approach the development of safer, cleaner energy sources in an environmentally-responsible way. By subjecting each project to a rigorous environmental assessment and having the proper protections in place, we would make certain the best interests of our province are represented. This will enhance our economic development and indigenous peoples’ self-determination, and create a sustainable environment for the future.

Read original post: http://www.straight.com/news/rob-fleming-and-john-horgan-fracking

How the Environment is Becoming the Top Issue for Canadians

December 14, 2012Canada, Energy and Resources, Oceans, Oil&Gas, Politics, Salmon Farming and Aquaculture, WATER, Western CanadaAquaculture, Enbridge, KinderMorgan, Oil and gas, Politics, private river power, Salmon, Water and EnergyRafe Mair

Wendy and I, exercising a habit of some years now, are further depleting our kids’ legacies and will be away until January 10, starting with 20 days in the Caribbean then 4 days in Boston visiting friends.

It’s been an interesting year in the environmental field.

Opposition to the Enbridge Northern Gateway project is massive and I predict the same situation will prevail against the proposed Kinder Morgan expansion. In fact, this is the first time in my memory that the environment has been the #1 issue. In fact, one of the signs is that neither the government, nor sadly, the opposition want to come to grips with several major environmental issues. The federal government is beyond all hope and may have to be stopped by massive civil disobedience, which no doubt will come.

All of us who are now waiting in the trenches must, in my opinion, pay considerable homage to those who have fought before us when the public was not so concerned. They were branded as “tree huggers” by many who now have learned that they were in fact heroes.They indeed cleared the pathway to public awareness of what lay ahead if we didn’t learn from their experience.

We – that is to say those not committed to the philosophy of the Fraser Institute and its in-house newspaper, the Vancouver Sun – know that without fail large companies who wish to invade our wilderness and oceans lie through their teeth constantly and without exceptions. This doesn’t make us communists or even socialists – neither of those two styles of governance have been much in synch with matters environmental, with Russia and China being in a class of their own when it comes to ecological indifference – at best.

I believe that many British Columbians know that we’re not talking “left” and “right” here but “right” and “wrong”.

A very good example was my Roast in November 2012 in the WISE Hall in East Vancouver. As I noted on the occasion, many in attendance that night would rather have been caught in a house of ill-repute just a few years before. Perhaps the leading indicator was the folks of West Vancouver who fought so hard to save the Eagleridge plateau from the degradation of the wildlife habitat and then took a bus down to the East Delta Agricultural Hall to help protest against degradation of agricultural land, Burns Bog and other wildlife preserves by the expansion of the Deltaport project and South Fraser Perimeter Road by corporations and the government. The meeting was addressed by people from both the right and the left. It was a moment of great symbolism which simply is not understood well enough by both major BC parties, especially not by the Liberals.

Environmentalism is not shrill protest, for protest’s sake, based on political objects rather than evidence. People have seen and heard with their own eyes and ears what is happening with fish farms, private power projects that have all but bankrupted BC Hydro; they’ve seen farmland destroyed and looked at the record of pipelines and tanker companies; they have not only assessed the risks of catastrophes to come, but also realize the consequences that will flow. They have come to ask, “is it worth taking any risk if the damages will be catastrophic and permanent?”

I think that slowly but steadily the public has come to realize that money is no answer. What does it profit the province if they get billions of dollars but lose their wilderness as a result? In Biblical terms, what does it profit a man to gain the entire world but lose his own soul?

And the soul of the province, how we live, how we look at ourselves and how we look at our legacy has become a hugely important factor.

How much are our wild salmon worth?

What price on our rivers and the ecologies they sustain?

Is there any financial arrangement that will compensate for the loss of our coastal fauna and flora as well as the people who, for centuries, have been sustained by those resources? Incidentally, a recent UBC study found that a single oil spill from tankers on BC’s coast could wipe out all the economic gains of the Enbridge pipeline.

If we lose our farmlands, is there a price that will offset that? Will the farm cease to be the underpinning of our way of life? Is money going to buy us the food we need?

There is this notion that we must continue to “progress”, which is code for “money talks and when it does one should bow down in grateful obeisance to the god Mammon and forever hold our tongues.”

I reject that notion. We can progress and prosper without placing our entire outdoors at the certain risk of destruction. Other prosperous democracies have managed to survive without screwing up their environment as the people of BC are being asked to accept.

In the May election in 2013 we have what may be our last chance to stop right wing governments, mad economists and soulless corporate bloodsuckers from desecrating our beautiful land.

In praise of Science and Reason

December 11, 2012Canada, Climate Change, Climate Science, Politics, Western CanadaPolitics, Stephen HarperMiranda Holmes

I’ve never been a member of a political party, although I did consider joining the NDP earlier this year, just so I could vote for Nathan Cullen in the leadership contest. Now I’m considering joining the Liberals, just so I can vote for Joyce Murray.

In the rarified air of Parliament Hill, where so many Opposition MPs seem to exist in an alternative reality, these two brave souls have pointed out what any sane Canadian can already see: if we want to escape from Harperland and return to something resembling the Canada most of us know and love, the NDP, the Liberals and the Greens are going to have to co-operate and run candidates strategically in the next federal election.

It is (perhaps) interesting that both these MPs are from the invisible province of British Columbia. I say “invisible” because, in the current debate about the East/West divide, it seems to have escaped the notice of many eastern commentators that there is an entire province to the west of Alberta which, by and large, does not share its eastern neighbour’s rapacious, laissez faire attitude towards the environment.

I can remember a time when American backpackers wore Canadian flag pins to make their appearance in many countries less unwelcome. Other than Israel (where our Foreign Minister’s shamefully vitriolic rejection of the Palestinian people’s statehood aspirations were very welcome indeed), I’m not sure how helpful a maple leaf is these days.

I hate feeling embarrassed about being a Canadian. And on an almost daily basis the number of reasons for embarrassment grows. No sooner had the Harper Tories rejected efforts to supply cheaper generic drugs to desperate countries, then our International Co-operation Minister was boasting about how useful the Canadian International Development Agency (CIDA) can and should be to Canadian mining companies and other corporations. (Anyone wondering why this is a very bad idea should read Samantha Nutt’s excellent book Damned Nations.)

If I had to pick one reason – and it isn’t easy – it would be the Harper government’s flagrant disdain for science (which, for the Prime Minister and his oil sands cronies, really is an inconvenient truth).

Denying the existence and dire consequences of manmade climate change would almost be less embarrassing than paying lip service to both, then tossing its Kyoto protocol obligation to reduce greenhouse gas emissions out the window, as this government has done. Then there’s the embarrassment of watching the Harper contingent swanning around this month’s climate change negotiations in Doha attempting to stymie any meaningful action by others. When pundits conclude that Canada could learn from the US on emissions reduction, you know you’re in serious trouble.

Meanwhile, back in Ottawa, following a limited debate, the number of rivers and lakes protected by the Navigable Waters Act was reduced this month from more than 2.5 million to 159.

Protection of Canada’s ocean ecosystems had already been tossed out the window with the decision by the Harper government that the primary remit of the Department of Fisheries and Oceans should be boosting fish farms. This “trade uber alles” mandate was threatened last year when the Cohen enquiry heard from Fred Kibenge of the Atlantic Veterinary College in Prince Edward Island that Infectious Salmon Anaemia virus had been found in samples of BC salmon. Kibenge predicted that he would be attacked by the government and he was right.

Unfortunately, attacking independent scientists, gagging or simply firing vexatious government scientists and gutting existing environmental legislation is not enough for this government. As Dr Darryl Luscombe warns in a recent Watershed Sentinel article, a primary goal of the controversial Bill C-38 is to curb the participation of an informed public in environmental reviews of contentious projects.

Neil deGrasse Tyson once said: “To be scientifically literate is to empower yourself to know when someone else is full of bullshit.” Sadly, scientific literacy does not help when your government legislates against it.

And so I appeal to the Liberals and the NDP and the Bloc and the Greens: For the sake of Archimedes and Galileo and Darwin (and all of Canada’s dedicated and currently harassed government and independent scientists), please put partisanship aside and bring back informed, civilised debate.

NDP, Civil Groups Slam Harper Government’s Approval of CNOOC Nexen Buyout

December 10, 2012Canada, Energy and Resources, Oil&Gas, PoliticsOil and gas, Politics, Stephen HarperCommon Sense Canadian

Read this story from Rabble.ca on the Harper Government’s announcement this past Friday that it is approving Chinese state-owned CNOOC’s proposed $15 Billion buyout of Canadian energy company Nexen and the criticism it has drawn from the Opposition and various civil groups. (Dec. 7, 2012)

At a press conference held late Friday afternoon, Prime Minister Stephen Harper announced that his government had approved the $15 billion takeover of Nexen by the Chinese Offshore Oil Company (CNOOC).

Reaction to Friday’s announcement was swift.

NDP Energy and Natural Resources critic Peter Julian, who recently held a social media Town Hall on the subject, call the decision “irresponsible” and “a farce.”

Two of the civil society organizations that have led a high profile campaign against the Nexen takeover, and against the Canada-China Foreign Investment Protection Agreement (FIPA), issued this statement.

SumOfUs.org and Leadnow.ca Slam Prime Minister Harper’s Approval Of CNOOC-Nexen Takeover

Today, Prime Minister Stephen Harper announced the approval of the controversial takeover of Nexen by the Chinese National Offshore Oil Company. Harper called the Nexen decision and the prospect of further takeovers of oil sands firms “not the beginning of a trend, but rather the end of a trend.”

This government’s decision to announce the takeover at 5pm on a Friday, and to say that they will limit future takeovers in our resource sector, shows that this government is feeling intense pressure from Canadians across the political spectrum to ensure Canadian control of our resources. However, the in-limbo FIPA deal raises serious questions about Harper’s statement, as it is designed to encourage China’s companies to invest in the Canadian resource sector.

“This decision makes the prospect of the Canada-China FIPA even more troubling,” said Taren Stinebrickner-Kauffman, executive director of SumOfUs.org. “Now that CNOOC will have control of a major Canadian fossil fuel giant, Canada can’t risk signing a treaty with China that will give CNOOC vast powers to stop Canadian government regulation.”

Public Will Soon Turn on Kinder Morgan…Will the NDP?

December 10, 2012Canada, Energy and Resources, Oil&Gas, Pipelines and Supertankers, Politics, WATER, Western CanadaAdrian Dix, BC Oil Pipelines and Supertankers, KinderMorgan, Oil and gas, Politics, Salmon, Water and EnergyRafe Mair

Mike Smyth had an interesting column in Sunday’s Province, dealing with the proposed second and much larger Kinder Morgan Pipeline to Vancouver, which would see a five-fold increase in tanker traffic through Vancouver’s harbour. In it he told us that the company was being very laid back compared with Enbridge, holding a series of public information sessions. Mr. Smyth, quite correctly in my view, said that the public, if only mildly involved now, would change its attitude toward Kinder Morgan.

Kinder Morgan will and indeed is being dishonest with the public. This is no different than Enbridge or any other pipeline – they all maintain that there will be no spills and that, if there are, they will be minor (which is what Enbridge said about Kalamazoo) and quickly cleaned up. This is nonsense and the public will very soon be letting Kinder Morgan know that.

We must all know that corporations simply do not tell the truth except by accident. Their face to the public comes from highly skilled public relations departments and highly skilled and expensive outside agencies.

As we have seen with BP in the Gulf of Mexico disaster, after the tragedy they are quick to find pictures of healthy birds and animals to show that all is well again.

Close to home, the Ashlu private river power project is of interest. Ledcor received its right to dam and divert the river on the basis that migratory salmon would not be interfered with. The permission was in these words:

A decision was taken on November 30, 2009 and was that the authority may exercise any power or perform any duty or function with respect to the project because, after taking into consideration the screening report and taking into account the implementation of appropriate mitigation measures, the authority is of the opinion that the project is not likely to cause significant adverse environmental effects. (emphasis added).

To say that salmon have indeed been adversely interfered with is putting it very mildly indeed.

This report from the Wilderness Committee:

More than 3,000 pages of documents obtained separately by the Vancouver Sun and the Wilderness Committee through freedom of information requests show water-flow fluctuations caused by run-of-river hydro projects are killing fish — and the problem is not isolated.

While independent power producers insist their sector remains the cleanest energy option, the documents bolster environmentalists’ long-standing concerns about the industry.

“I’m seeing significant environmental problems,” said Gwen Barlee, policy director for the Wilderness Committee. “And that runs completely counter to what the companies are saying, which is essentially, ‘Trust us with your wild rivers and there won’t be any problems.’ ”

The documents detail repeated short-term fluctuations in water flows, resulting in the stranding and killing of juvenile fish downstream of two plants, Capital Power on the lower Mamma and Innergex on Ashlu Creek, another tributary of the Squamish.

In one incident on Ashlu Creek, on May 8, 2010, 166 salmon and trout fry became stranded due to rapidly dropping water levels. Fewer than half of the fry could be returned to the creek alive. Another 39 fry died during a stranding on April 20, 2011.

Neither hydro operation has been charged.

This happens all over the province – companies get government permission to dam a river, the understanding being that salmon runs will not be harmed, then the salmon runs are extensively damaged.

What is also endemic is the lack of any government surveillance of water used and released by the company. They promise, cross your heart and hope to die, that they will conform to the terms and when they don’t there are no consequences.

While Kinder Morgan isn’t into hydroelectricity, its pipeline will cross many streams and rivers and it too will cross its heart and promise that it will be so careful in fish habitat we have nothing to worry our pretty little heads about.

THEY KNOW THAT THERE WILL BE SPILLS IN FISH HABITAT, THAT THE CONSEQUENCES WILL BE HORRIBLE, AND THAT THERE IS NOTHING THEY CAN DO ABOUT IT.

But there is much more. If this line goes through there will be upwards of 350 tankers leaving Burrard Inlet every year going through the very dangerous 2nd Narrows Bridge, loaded with deadly bitumen.

We will be assured that there won’t be any accidents and, if there are, why it will all be cleaned up spick and span and that there will be no residual damage.

This is bullshit and they know it.

Kinder Morgan’s Director of Engineering and Marine Development Mike Davies acknowledged at a recent debate in Vancouver that there have been more than 70 spills from the current Trans Mountain Pipeline over its 60 year lifetime. That includes a 2007 spill that drenched a Burnaby neighbourhood in oil – for which the company was found partially responsible and ordered to pay a $150,000 fine by the courts. Then, last week we learned from a National Energy Board report on the spill of 90,000 litres of oil from the company’s Abbottsford tank farm in 2011 that emergency alarms warning of a leak went ignored by operators for hours.

This takes me into politics.

Adrian Dix, the leader of the NDP, won’t take a stand on the Kinder Morgan line until it formally files its application.

This cop-out is raw cowardice. Dix knows as much as he ever will about this pipeline – enough to oppose it no matter how much they will ship.

This is causing us at The Common Sense Canadian to re-think our policy for next May’s election.

Dix is evidently worried that he will be seen as “against everything”. No one, least of all Damien Gillis and I want Dix to be against everything but only those projects that will damage our precious province and all the fauna and flora that our wilderness sustains.

In addition to damage done in any particular place there is the question of the cumulative impact of the half dozen or more oil, gas and condensate pipelines now proposed for BC. No environmental process, Provincial or Federal, has addressed this question.

In fact the process reminds one of a Soviet “show” trial. The result is certain but to make it look good, governments hold hearings where the desirability of the project is out of order, it already being a “done deal”.

As it sits right now, as we survey the scene on environmental matters, there is little to separate the uncaring, corrupt Liberals from the gutless NDP.

‘Power & Energy’ Subject of Intergenerational Dialogue in Vancouver

December 6, 2012Canada, Energy and Resources, Fracking, Hydropower, Oil&Gas, Pipelines and Supertankers, Politics, WATER, Western CanadaBC Oil Pipelines and Supertankers, fracking, Oil and gas, Politics, Site C Dam, Water and EnergyDamien Gillis

Gen Why Media and the Canadian Centre for Policy Alternatives are co-hosting an “intergenerational dialogue” in Vancouver on Tuesday, December 11 to explore various existing and proposed energy projects in Western Canada. Titled “Power & Energy: Connecting the Dots”, the program is the third in a series of “Bring Your Boomers” events, sponsored by Vancity, designed to debate key social issues from different generational perspectives.

In addition to musical performances and a keynote talk by the CCPA’s Marc Lee, the evening will feature a three-way dialogue, with each panelist representing a different generation. I have the privilege of representing Generation Y (a.k.a. “Millennials” – born from the late 1970s to early 2000s), while leading energy and public policy expert Ben Parfitt of the CCPA will represent Generation X. Rounding out the panel is Boomer Karen Cooling, National Staff Representative at the Communications, Energy and Paperworkers Union of Canada. Adding further generational depth to the discussion will be 11 year-old moderator and First Nations singer/songwriter Ta’Kaiya Blaney – a vocal critic of oil tankers on BC’s coast.

Cooling’s union represents workers in the energy sector, among other areas, and has actively raised concerns about proposed oil pipelines to export Alberta bitumen to Asia and the United States. Her colleague, union president Dave Coles, recently told a crowd of thousands gathered in Victoria to oppose pipelines and takers in BC, “these pipelines are job killers” because they export bitumen without refining it and threaten the environment.

Ben Parfitt has published a number of highly-regarded independent reports on hydraulic fracturing, or “fracking”, in BC. Fracking is also a key focus of a film I’m currently co-directing with Gen Why co-founder Fiona Rayher, called Fractured Land, which examines energy issues in northern BC and Alberta through the eyes of a young First Nations law student named Caleb Behn. The film will discuss the concept of the “Carbon Corridor” – an interconnected web of fracking and tar sands projects, dams, coal mines, oil, gas and condensate pipelines, and Liquefied Natural Gas (LNG) plants and tankers on BC’s coast – designed to transform Canada into a major hydrocarbon provider to new markets in Asia.

Founded in Vancouver in 2010, Gen Why Media describes itself as “a production group that collaborates across disciplines to create media, events, workshops, public art and intergenerational dialogues that engage society in new forms of public engagement.” Says Tara Mahoney, Gen Why co-founder and organizer of Tuesday’s event, “Our goal with this dialogue is to engage a broader audience in a discussion about energy policy – a topic that isn’t always very accessible, particularly to young people. We hope to use culture as an entry point into a conversation about energy policy and to find ways different generations can work together to shape these issues going forward.”

Gen Why’s previous “Bring Your Boomers” events have examined topics such as technology, globalization, activism and intergenerational cooperation and featured an impressive list of speakers – including former National Chief of the Assembly of First Nations Phil Fontaine, journalist and activist Judy Rebick, filmmakers Nettie Wild and Nimisha Mukerji, Vision Vancouver Councillor Andrea Reimer, and LeadNow.ca Executive Director Jamie Biggar.

Tuesday’s “Power & Energy” dialogue will also feature a musical performance by popular Vancouver band Brasstronaut. The event takes place at the Rio Theatre – 1660 East Broadway, adjacent to Commercial-Broadway Skytrain Station. Door open at 6:30 and the event starts at 7 pm. Tickets can be purchased online here.