Category Archives: Canada

NDP Leader Dix Lawyers Up for Enbridge Fight

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Read this story from the Vancouver Sun on BC NDP Leader Adrian Dix’s decision to seek legal counsel on stopping the proposed Enbridge Northern Gateway Pipeline. (May 13, 2012)

B.C. NDP leader Adrian Dix is predicting a “businesslike” relationship with Prime Minister Stephen Harper if the NDP wins next spring’s provincial election, even though he’s investigating ways to challenge a critical component of Harper’s economic plan: Enbridge Inc.’s Northern Gateway pipeline megaproject.

Dix said Friday he’s assembling a legal team headed by Vancouver lawyer Murray Rankin, a specialist in aboriginal, natural resource and environment law, to consider his legal options to oppose the controversial $5.5-billion pipeline proposal now before a federal review panel.

Dix said the legal team is looking at various legalities surrounding the issue, including the federal legislation and the Harper government’s approach to the joint review of the Enbridge proposal by a panel drawn from the National Energy Board and the Canadian Environmental Assessment Agency.

One matter they’re looking at is a 2010 deal in which the B.C. government said it accepted that a federal environmental review would be equivalent to a B.C. process.

The agreement notes that the federal review will “take into account” the views of the public and first nations. Dix said there may be questions about whether Ottawa has fulfilled that commitment.

The NDP leader had tough words for Ottawa’s handling of environmental reviews of two controversial natural resource projects: Calgary-based Enbridge’s Northern Gateway pipeline and Vancouver-based Taseko’s New Prosperity gold-copper mine.

The Harper government is aggressively championing the pipeline, tabling legislation certain to ease the project through the regulatory review process despite aggressive opposition from many B.C. first nations.

The project is also the centre-piece of Alberta Premier Alison Redford’s so-called national energy strategy, which is seeking cross-Canada approval for infrastructure to get natural resources – especially oilsands crude – to key markets like China.

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BC First Nations Bogged Down in Treaty Negotiations

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Read this story from The Canadian Press posted on The Tyee about a new report calling into question the aboriginal treaty process in BC. (May 7, 2012)

VICTORIA – Ottawa needs to consider a flexible exit strategy for British Columbia First Nations frustrated and debt-challenged by slow-moving treaty negotiations, says a special report prepared for federal Aboriginal Affairs Minister John Duncan.

The 47-page report by former Campbell River, B.C., mayor James Lornie, appointed Duncan’s special B.C. treaty representative last year, states First Nations treaty negotiations debt now tops $420 million, which is insurmountable and an unsustainable barrier to reaching treaties.

The report doesn’t suggest dumping the treaty process after more than 20 years of negotiations, but states First Nations need the option to leave the table without feeling intense pressure to pay off debts and with nothing to show after years of talks.

First Nations should also be allowed to return to negotiations at a later date, it adds.

“I consider that the single most important response that the federal government can make is to re-commit to treaty-making as a federal priority, and to commit to that priority at every level of the federal system,” stated Lornie in the report.

Read more: http://thetyee.ca/Blogs/TheHook/Aboriginal-Affairs/2012/05/07/BC_Treaty_Talks/

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Stevie and Christy’s ‘Hands-off’ Approach to Enbridge – Gerry Hummel Cartoon

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Check out this new cartoon from Gerry Hummel. Christy Clark says she isn’t taking a position on the proposed Enbridge Northern Gateway pipelines – but as we revealed this week, this BC Liberal “neutrality” is a myth. Meanwhile, Prime Minister Stephen Harper is quite conspicuously throwing everything but the kitchen sink at opponents of the pipeline, causing the mainstream media to begin questioning his tactics.

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BC Premier Christy Clark with Alberta Premier Alison Redford

The Myth of BC Liberal ‘Neutrality’ on Enbridge

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“The Development of Nothern Gateway is job one.”
– Christy Clark shorty after becoming Premier

“With respect to northern gateway, let me say our government is pro pipeline,” says the Premier of British Columbia.
 
Christy Clark made this claim in question period last week. She did so while berating the NDP for opposing the project on the grounds that they are doing so prematurely and without adequate information to make an informed opinion.

This is the definitive moment that marks the turning point in the now long standing myth that the BC liberals are “neutral” or have chosen to take “no position” on the Northern Gateway Pipeline. And it was done with the stunning Liberal hypocrisy we have been forced to endure for too long.

By now anyone following the Joint Review Panel on the Northern Gateway Project is well aware that the process is deeply flawed, politically driven and resembles more of a dog and pony show than anything remotely close to an extensive review of the pertinent environmental and economic issues.

The BC Liberals have proven that they do support pipelines, no matter what the cost, just as the Premier admitted in Question Period.  They have done so for a long time and with little if any understanding of the far reaching economic and environmental ramifications. And the only reason they cling to a false front of neutrality is to maintain the now long standing cover up of their complicity in advancing pipeline projects.

The myth that they maintain a neutral stance dominates the mainstream barrage of coverage. This is done in order to provide the political escape hatch this government may require in order to cling to power. It also is done to perpetuate the “mass deception” governments, oil and media have undertaken, according to Robyn Allan former ICBC CEO, who has worked to uncover the misdeeds of government and industry boosters.

The time for the Liberal myth of ‘neutrality’ and so called ‘respect for public processes’ has come to an end. This will happen in large part due to the effort of concerned and informed citizens who, at great risk, have not only fully explored the issues but have also uncovered reams of data supporting their claims including unseemly bilateral agreements, extensive economic analysis and strategic components of the proposals that have been kept from the public. The now retired former CEO of ICBC Robyn Allan outlines some of these major concerns in this presentation and her recent open letter to the Premier.

Most recently Ms. Allan has completed a report entitled “Proposed Pipeline and Tanker Spill Risk for BC.” In this exhaustive report Robyn shines the light on how these pipeline proposals have been designed to “low ball” the pipeline capacity in favour of adding additional capacity in the future. This strategy allows for a 60% increase in the daily flow of diluted bitumen in the case of Enbridge’s proposal and in so doing does an end run on exhaustive environmental assessments that would be required had they originally proposed the full capacity. The following is from her report:

There is no reason to believe that the true environmental risk represented by the Northern Gateway Project is being—or ever will be—adequately addressed. The current JRP process has excluded a significant portion of the project’s actual capacity and its implications for pipeline spill and marine spill, while in the future, there is no statutory obligation to do so. All indications from the Federal government suggests there will be no political will either.

Ms. Allan goes on to demand that BC regain its statutory right to a final decision on the Northern Gateway Project:

The government of British Columbia [needs] to take action and protect BC’s statutory right for final decision for this project by removing Northern Gateway from the Equivalency Agreement with
the NEB.

As a result of the fine work of Ms. Allan and others like her, the national and provincial mainstream media has been forced to cover the duplicitous nature of the Liberal stickhandling of this issue despite having moved mountains to maintain the delicate mythology that the liberals have “not taken a position on the issue.” And the blogosphere has lit up (too many to link to) revealing this documentation that proves the Liberals are not only far from neutral but have taken outstanding measures in order to ensure that the pipeline projects proceed virtually unhindered by issues in the best economic interest of British Columbians and our environment.

People concerned about the future of our Province should view Robyn’s presentation and support her recent request for Cabinet to revoke the nearly two year old Equivalency Agreement which diminishes our ability to influence major projects in our Province. Also take the time to read her most recent report and follow up on her request to bring these issues to the attention of the Premier.

And, while we are at it we should encourage the environment Minister to explain why he delegated his Ministerial powers as outlined in section 27 of the act, onto senior staff which enabled the “Equivalency Agreement”, that forfeits our sovereign ability to properly review, participate and influence not just the Northern Gateway Project but four major proposed infrastructure developments. All of which will alter the very fabric of our Province and set BC on a course to a very bleak future. The relevant act clearly outlines the Minister has the right to enter into these agreements, not staff. It seems this was done in order to avoid political scrutiny while greasing the skids for major projects not necessarily in the best interest of British Columbians.

Furthermore, the Equivalency Agreement was absolutely unnecessary as there already was a long-standing agreement in place that would have allowed for Joint Review Panels to be established in order to prevent duplication. Indeed this was the entire purpose of this long standing, renewable agreement. The Minister should explain why he delegated his power to staff to establish the Equivalency Agreement, under what direction and for what purposes given the fact it was entirely unnecessary in order to “avoid duplication” or “streamline” the already entrenched agreement.

Equivalency Agreements were at one time an administrative tool used exclusively by Alberta to allow for that Province to undertake reviews and avoid duplication by the Federal Government. In recent highly contentious legislation, the use of Equivalency Agreements was forwarded by the Harper government to remove the Federal review components on so called “minor projects” making the Provinces sole arbiters. Given that Taseko’s Fish Lake project was rejected by the Federal process but passed the provincial assessment we gain insight into why Harper made these adjustments.
 
However, in the case of the Equivalency Agreement in British Columbia the exact opposite is occurring and the Province is being cut out of the process in order “to avoid duplication.” This stands in stark contrast to both the traditional application of these agreements and how they are being currently utilized by this government.  Our environment Minister needs to clarify why. Otherwise, it seems that not only are they using it to remove the Province from the equation but they are doing so against the grain of the common application of these agreements, while at the same time ignoring the act which dictates the Minister makes these arrangements, not staff.
 
We should also be asking our Environment Minister when and where the required public notice for this Equivalency Agreement occurred, because in order for an Equivalency Agreement to be enabled it requires notice and a 60 day time period for input on behalf of stakeholders and interested participants.Furthermore, after the 60 day period is complete, the agreement is supposed to be published by the Minister, or put in the Gazette. None of which occurred.
 
These striking anomalies just scratch the surface of the evidence that the BC Liberals have had an agenda for many years which involved a multi-faceted approach designed to set the legal and administrative stage for the successful development of exhaustive infrastructure projects in order to export Alberta’s Dirty Dilbit. It was done so by intentionally removing the capacity of British Columbian stakeholders to influence the decision making and outcomes while ensuring we had no significant leverage or capacity to negotiate beneficial economic arrangements.
 
Its time to end the deception and mythology surrounding the future of British Columbia and the oil and gas agenda and start planning a future that benefits all British Columbians.

Kevin Logan was a Ministerial Assistant to former Premier and Minister of Energy Mines and Northern Development Dan Miller.

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Globe and Mail Editorial: Feds Should Quit Smearing Pipeline Opponents

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Read this editorial from the Globe and Mail, which argues that the Harper Government should stop its campaign of smearing environmental groups who oppose the proposed Enbridge Northern Gateway pipelines and alleging criminal activity on their part, such as “money laundering”. (May 7, 2012)

Environment Minister Peter Kent’s unsupported accusations of “money laundering” involving foreign and Canadian environmental charities are part of an apparent campaign of the Conservative government to smear and intimidate groups opposed to the Northern Gateway pipeline.

Mr. Kent’s accusation in Parliament and media interviews, and the pattern they are a part of, suggest the government is improperly taking sides between the environment and business – trying to discredit those who raise environmental concerns in a public-hearing process mandated under federal law.

This pipeline may well prove a financial boon to Canada, but there are legitimate environmental concerns that need to be heard, including the danger of oil spills in environmentally sensitive waters. The pipeline will take bitumen from Alberta to Kitimat, B.C., before it is loaded on ships bound for Asia. Business and the environment do not exist on two separate planes, where one matters and the other doesn’t.

The Environment Minister has accused unnamed environmental charities of criminal activity, and yet provides no specifics, except to point to the work of Conservative Senator Nicole Eaton. “There is political manipulation,” she said. “There is influence peddling. There are millions of dollars crossing borders masquerading as charitable foundations into bank accounts of sometimes phantom charities that do nothing more than act as a fiscal clearing house.” There is paranoia, there is partisanship, there are wild allegations. But evidence? No.

Read full editorial: http://www.theglobeandmail.com/news/opinions/editorials/ottawa-should-cease-and-desist-its-smear-campaign-of-environmental-groups-opposing-northern-gateway-pipeline/article2423344/

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Civil Disobedience Warranted for Pipelines, Tankers, Fish Farms, Private River Power

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What is civil disobedience?

I ask because I’m going to be urging such a course in the times to come.

Although he didn’t invent the idea, Mahatma Gandhi invented the modern term when he protested a tax on salt imposed by the British which hurt the poor Indian especially. He broke the law deliberately and went to jail for doing so.

A more current example was that of the Freedom Marchers of the 1960s who challenged the segregation laws of the Southern US by “sitting in” at segregated restaurants; by Rosa Parks who defied the laws of Montgomery, Alabama, by sitting in the white only section of a bus; and by Dr. Martin Luther King who in the same time urged peaceful demonstrations.

Many would go back much further in time to Jesus.

What are some of the rules?

  • It must be non violent. That is a very important rule.
  • The law being protested must be unjust in one or more ways. It must be imposed unfairly or itself contrary to law or justice or both.
  • Those protesting must be prepared to go to jail.
  • There must be no other reasonable way to attain justice.
  • They must be effective.

Where do I suggest civil disobedience?

Fish farms, for one area. Government policy allows them yet they are not only in violation of the UN law requiring the Precautionary Principle but against Canadian law in this regard.

So-called “run of river” projects which, without fail, severely damage the river and its ecology usually to the point of – for all intents and purposes – utter destruction.

Pipelines – especially the proposed Enbridge Northern Gateway pipelines taking the ultra toxic bitumen from The Tar Sands to Kitimat – which don’t pose a risk of huge environmental damage but the certainty of it.

The utter lack of government concern for the environment and the public that wishes to preserve it is underscored by the recent decision of the federal government to dam the Kokish river near Port McNeill – a river that is home to all species of salmon, resident Rainbow, Cutthroat, Dolly Varden and has both a winter and summer run of steelhead.

Tanker trafficking of bitumen from Kitimat or through Vancouver Harbour which, again, don’t pose risks but certainties of huge environmental damage.

Civil Disobedience has had successes in the past in BC but too often there have been one or two who have refused to obey the law and once they have been jailed, the protest has petered out.

We must organize such that scores, even hundreds, defy the law and are ready to do time.

There has been very little by way of organization in the overall community but First Nations appear to be ready and, if nothing else, the rest of us must be prepared to support them and face the same consequences.

Our first step must be, in my view, a clear statement by environmental organizations and individual British Columbians that we will stand shoulder with First Nations  – and we at the Common Sense Canadian plan to meet with their leaders and see how we can help.

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Global TV Video Report on Developing Fuel Slick in Great Bear Rainforest, Near Harley Bay

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Watch this Global TV report on a developing slick of bunker c fuel in Grenville Channel near Hartley Bay, BC. The provincial government downplayed the spill today in the Legislature. (May 3, 2012)

Watch 3 min video: http://www.globaltvbc.com/video/fuel+slick/video.html?v=2230597754&p=1&s=dd#video

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Washington Post: Trans Canada Likely to Reapply for Keystone XL Pipeline Permit Friday

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Read this report from the Washington Post, suggesting Trans Canada Pipelines will likely reapply for a permit for its controversial Keystone XL Pipeline from the Alberta Tar Sands to the US Gulf Coast. (May 3, 2012)

The Canadian firm behind the controversial Keystone XL pipeline will reapply as early as Friday for a federal permit to ship carbon-intense crude oil from Alberta to the United States, according to people familiar with the company’s plans.

In January, the Obama administration denied a permit for TransCanada, the firm hoping to build the project, on the grounds that a congressionally mandated deadline of Feb. 21 did not give officials enough time to evaluate the pipeline’s impact. Since then TransCanada has said it would proceed with plans to construct the segment running from Cushing, Okla., to Port Arthur, Tex., and unveiled a new route for the pipeline in Nebraska.

President Obama, environmentalists and many Nebraskans — including the state’s Republican governor Dave Heineman — had raised concerns that the project’s original Nebraska route could imperil the ecologically sensitive Sandhills region, as well as the Ogallala aquifer, a major source of drinking water for the state’s residents.

The move will revive one of the year’s most contentious political issues — which has divided the Democratic base between environmentalists and some unions, and has unified Republicans in support of what they view as a critical source of energy supply for the U.S. — just months before the November elections.

The new route TransCanada proposed in mid-April would steer clear of northwestern Nebraska’s Sandhills region, though it still runs over parts of the Ogallala aquifer. The state’s environmentalists argue that Nebraska officials have defined the Sandhills region too narrowly and say that the revised route will traverse the Sandhills in Nebraska’s northern Holt County.

Read more: http://www.washingtonpost.com/national/health-science/transcanada-to-reapply-for-keystone-pipeline-permit-sources-say/2012/05/03/gIQAfbksyT_story.html

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Pennsylvania Doctors Barred from Revealing Toxic Chemicals Used in Fracking to Patients

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Read this story from Mother Jones on a new law that will bar doctors from revealing to their patients the chemicals used in hydraulic fracturing that may be affecting their health. (March 23, 2012)

Under a new law, doctors in Pennsylvania can access information about chemicals used in natural gas extraction—but they won’t be able to share it with their patients.* A provision buried in a law passed last month is drawing scrutiny from the public health and environmental community, who argue that it will “gag” doctors who want to raise concerns related to oil and gas extraction with the people they treat and the general public.

Pennsylvania is at the forefront in the debate over “fracking,” the process by which a high-pressure mixture of chemicals, sand, and water are blasted into rock to tap into the gas. Recent discoveries of great reserves in the Marcellus Shale region of the state prompted a rush to development, as have advancements in fracking technologies. But with those changes have come a number of concerns from citizens about potential environmental and health impacts from natural gas drilling.

There is good reason to be curious about exactly what’s in those fluids. A 2010 congressional investigation revealed that Halliburton and other fracking companies had used 32 million gallons of diesel products, which include toxic chemicals like benzene, toluene, ethylbenzene, and xylene, in the fluids they inject into the ground. Low levels of exposure to those chemicals can trigger acute effects like headaches, dizziness, and drowsiness, while higher levels of exposure can cause cancer.

Read more: http://www.motherjones.com/environment/2012/03/fracking-doctors-gag-pennsylvania

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Former Bank of Canada Governor Dodge: Look East with New Pipelines, Not West with Enbridge

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Read this article on former Bank of Canada Governor David Dodge’s recent speech at Edmonton’s McEwan University, in which he questioned the fundamentals and viability of the proposed Enbridge Northern Gateway pipeline – suggesting instead that Tar Sands producers look to supply oil-importing Eastern Canadian provinces with Alberta bitumen. (May 1, 2012)

EDMONTON – The former Governor of the Bank of Canada says it may make more sense to ship Alberta’s bitumen to Eastern Canada, in view of the vocal opposition to two proposed pipeline projects to the West Coast.

“I think it’s going to be difficult, right. You’ve got all the loony tunes in Vancouver who don’t want to see Kinder Morgan’s pipeline expanded,” said David Dodge, in an interview with the Journal.

Dodge, who was in Edmonton Tuesday to deliver a speech on the global economic outlook at MacEwan University, said Enbridge’s proposed Northern Gateway pipeline to Kitimat looks like even more of a long shot.

“I think the project to Kitimat looks, objectively, more risky. So why hasn’t much greater effort gone into looking at Prince Rupert and taking (bitumen) out that way? My guess is, the easiest place to get B.C. to buy into the project would be to go to Rupert.”

Dodge’s views echo those of former Alberta Premier Peter Lougheed, who also favours looking at an alternate pipeline route to Prince Rupert, where ocean-going supertankers can navigate more easily.

But given the level of opposition to any oilsands pipelines in B.C., where Vancouver Mayor Gregor Robertson has been among the harshest critics of the Kinder Morgan project, Dodge said it may be more feasible to simply ship bitumen east.

“You’ve got to get the stuff out of here somehow, and not necessarily send it all south (to the U.S.). And maybe it’s going to be difficult for other reasons to send it west. So I’m intrigued with the option of getting it to tidewater going east,” he said.

Read more: http://www.edmontonjournal.com/business/Lamphier+Loony+tunes+make+pipelines+long+shot+Bank+Canada+boss+warns/6549836/story.html

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