Category Archives: Politics

Law Professor Warns Harper About Canada-China Trade Deal

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Read this letter by Osgoode Law Professor and international trade expert Gus Van Harten, republished in The Tyee, to Prime Minister Stephen Harper, sounding alarms over a controversial new Canada-China trade deal, the Foreign Investment Promotion and Protection Agreement (FIPPA). (Oct. 16, 2012)

Dear Prime Minister Harper and Minister Fast,

I am an expert in investment treaties. As a Canadian, I am deeply concerned about the implications for Canada of the Canada-China investment treaty. As I understand, the treaty is slated for ratification by your government on or about Oct. 31. I hope you will reconsider this course of action for these reasons. 

1. The legal consequences of the treaty will be irreversible by any Canadian court, legislature or other decision-maker for 31 years after the treaty is given effect. The treaty has a 15-year minimum term, requires one year’s notice prior to termination, and adds another 15-years of treaty coverage for assets that are Chinese-owned at the time of termination. By contrast, NAFTA for example can be terminated on six months notice.

2. Other investment treaties (aka FIPAs) signed by Canada have a similar duration and, in this respect, are exceptional among modern treaties. Yet none put Canada primarily in the capital-importing position. As such, the Canada-China treaty effectively concedes legislative and judicial elements of our sovereignty in a way that other FIPAs do not. Chinese asset-owners in Canada will be able, at their option, to challenge Canadian legislative, executive, or judicial decisions outside of the Canadian legal system and Canadian courts.

3. To elaborate, the treaty will likely be largely de facto non-reciprocal due to anticipated in-flows of Chinese investment to Canada outstripping Canadian investment in China. The deal gives Cadillac legal status to Canadian investors in China and vice versa. Yet Canada will be much more exposed to claims and corresponding constraints as a result of the de facto non-reciprocity. Two awards of a billion dollars-plus, and many over $100 million, have been issued against countries to date under these treaties, with more likely on the way. The awards are immune from judicial review, largely or entirely, and are often extra-territorial, depending on how the investor’s lawyers frame the claim.

Read more: http://thetyee.ca/Opinion/2012/10/16/China-Investment-Treaty/?utm_source=daily&utm_medium=email&utm_campaign=171012

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Oil, Cancer and Bicycles: Enbridge Ride Sparks Emotional Debate

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It’s October – Breast Cancer Awareness Month – which means, the fundraising drive for the annual “Enbridge Ride to Conquer Cancer” is revving up.

I first raised my concerns about this event in several articles last year, questioning the ethics of the alliance between the fundraising arm of the province’s BC Cancer Agency – a.k.a. the BC Cancer Foundation – and controversial oil and gas pipeline titan Enbridge.

Reading the comments on my stories, I gained a new appreciation for how sensitive the topic of cancer philanthropy is. Critiques ranged from hypocrisy for using petrochemical products myself to the fact that Enbridge, being only a pipeline company, doesn’t actually make oil products, to the following heartfelt comment from someone identifying herself as Anne:

…till you have sat at the bedside of a loved one and seen them die you have no clue as to my heartache, and by tarnishing the Ride you are possibly prolonging finding a cure.

While I believe we need to be able to engage in a rational, principled debate about this event, I appreciate Anne’s point, to whatever degree I can, given I have not walked in her shoes. Since last year’s event I’ve had time to reflect further on the issue and even come up with some positive alternatives.

On that note, I offer to Anne and others who wish to keep raising funds for caner through a cycling event, an alternative to the Enbridge Ride. The “Ride2Survive” is described on the organization’s website as “a one-day cycling event from Kelowna to Delta BC to raise funds for cancer research through as an Independent Fundraising Event for the Canadian Cancer Society.” The organization also boasts that 100% of the funds raised from the ride go directly to cancer research, something few cancer research initiatives can claim.

Back to the “Enbridge Ride” – a two-day trek from BC to Washington State – which is ramping up toward its fifth year next summer. The event in BC is joined by similar ones in Alberta, Ontario and Quebec. Enbridge, which began as the BC event sponsor, became the national sponsor for all four events in 2010. The proceeds from the BC fundraiser go to the BC Cancer Foundation, which is the fundraising arm of the BC Cancer Agency, a department of Ministry of Health. In my first story on the subject, I pointed to the confusion caused by the event’s brand – its graphics and signage are all in the colours of the better known and highly respected Canadian Cancer Society, which has nothing to do with this event.

A commenter on my story who identified himself as Steve Merker, wrote, “As someone intimately involved in developing the Ride to Conquer Cancer concept and branding, i can assure you in no way did we ever try to confuse the public. Yellow and cycling and cancer have strong associations via Lance Armstrong / Tour de France. The blue is similar to the Princess Margaret Cancer Centre’s blue.”

If the yellow is for Lance Armstrong, they may want to change colours right about now.

In any event, I do believe it’s important for donors to be clear on where their money’s going.

The real issue here, though, is the matter of allowing Enbridge to greenwash its sullied image in the midst of a highly contentious battle over a proposed pipeline through BC, and the hypocrisy of a cancer-fighting organization taking money from a company who deals in products that cause cancer. (More on that in a moment).

The website for the ride boasts the following: “…2879 participants across British Columbia and the Pacific Northwest raised $11.1 million in the third annual Enbridge Ride to Conquer Cancer. Since its inception in 2009, the Ride has raised $27.2 million, making it the most successful cancer-related fundraising event in B.C. history.”

Yet amidst all this success, the Cancer Foundation clearly grew concerned when I started asking questions and writing critically about the event. My columns provoked significant interest and lively debate online and the first of these prompted the BC Cancer Foundation to develop an internal PR strategy to better defend the program to the press and public, largely based on my initial questions to them. The document was leaked to reporter Stephen Hui of the Georgia Straight. I detailed the key questions and canned answers in a subsequent story.

One of my biggest beefs with the ride remains the connection between cancer and petroleum products – for which Enbridge is a central conduit throughout North America.

I asked BC Cancer Foundation representative Allison Colina, “Is it hypocritical for your organization to accept sponsorship from a company who deals in a known cancer-causing product?”

Her reply: “With regards to petroleum products causing cancer, we turn to the research and clinical experts at the BC Cancer Agency to determine what are cancer-causing substances…According to the World Health Organization, there is no conclusive research at this time that indicates that petroleum products cause cancer.”

That’s gross distortion at best. According to the International Agency for Research on Cancer – the WHO subsidiary group that produces the list of known and probable human carcinogens Ms. Colina referred to – “‘Petroleum refining (workplace exposures in)’ is a probable carcinogen.” Moreover, Benzene, a byproduct of petroleum, is listed as a known carcinogen (that’s pretty conclusive to me). 

I also contacted Dr. Karen Bartlett of the UBC School of Environmental Health at the time, posing to her the same question: “To what extent can petroleum products be considered carcinogenic?” Here’s what she told me by phone:

There are two major petroleum products that we know are associated with carcinogenicity. One is in the distillation process of petroleum products, which produces Benzene. Benezene is carcinogenic. The other is in the combustion of diesel. Diesel particulate is carcinogenic.

A commenter on my story, Rob Baxter, added that, according to the American Lung Association, “Air pollution contributes to … lung cancer….In 1996, transportation sources were responsible for 47% of pollutant emissions.” Also according to the same organization, “The production of particulate matter (PM) less than 10_m is associated particularly with the combustion of carbon-based and sulphur-based chemicals such as gasoline and diesel. Exposure has been linked with… serious health effects including cancer.”

Ms. Colina and her organization are misleading the public when they say, “According to the World Health Organization, there is no conclusive research at this time that indicates that petroleum products cause cancer.” All that’s left is the defense raised by some that Enbridge doesn’t make or burn the oil products, so they’re okay. I think that’s nonsensical, but I should also note that Enbridge recently bought a controlling stake in what will soon be the largest and most carbon-emitting natural gas plant in North America, the Cabin Gas Plant in northeast BC.

They also continue to wreak ecological devastation with oil spills across the continent.

The fact that Enbridge is in no way suitable to be the title sponsor of a cancer research fundraiser should be as plain as day to anyone, especially the BC Cancer Foundation.

The other big issue I have with this event is the way it enables a highly controversial company which is aggressively targeting environmental groups and First Nations as we speak for opposing their highly unpopular proposed Northern Gateway Pipeline from the Alberta Tar Sands to BC’s coast.

If the Ride in any way helps Enbridge burnish its reputation in order to advance this pipeline and oil tankers on our coast, then I have a problem with that. And make no mistake, corporate social responsibility pledges aside, no corporation, including Enbridge, spends one dollar sheerly out of goodwill.  Enbridge is sponsoring this event for business reasons and none other.

Moreover, I particularly have a problem with the connection between this event and the provincial government, which is the recipient of these research funds.

It is this point which resonated for readers when I first wrote about the issue.

Noelle wrote: “I too am a cancer survivor and have participated in the ride for the last two years. I also had signed up for the 2011 ride before Enbridge came on board and was appalled when I discovered this.”

This from one Sonya McCarthy: “I have watched Enbridge’s tactics and seen the undermining of local communities the right to say “no” whith the possible environmental damage by crossing hundreds of Salmon bearing rivers and streams. Where a spill from the increase tankers could cause an ecological disaster and there is no plan to clean up the mess.”

And a David Munro had this to say: “Given that my father died of cancer, it’s natural that I would want to support an event such as this. On the other hand, his particular cancer was hairy cell leukaemia, caused by long-term exposure to petroleum products.”

The Enbridge Ride controversy falls within a larger conversation that is only just beginning, catalyzed by films like Pink Ribbons, Inc. and books like Selling Sickness by Ray Moynihan and Alan Cassels, which contend that cancer treatment has become an industry driven by drug companies, while prevention takes a back seat because it’s less profitable. They also raise questions about the bureaucratic waste of large cancer charities and more and more funds being diverted to overhead and salaries.

This conversation – also covered by Miranda Holmes in these pages recently – is long overdue, and yet, I now understand why it has been so slow and difficult to foment.

I suggest we can no longer muzzle debate about cancer research and prevention with taboos designed to protect the status quo. The discussion must certainly be imbued with compassion and sensitivity to the pain of losing a loved one to this disease. But we need to be able to ask questions about the ethics of any fundraising initiative and debate the merits of different approaches to taking on cancer. Prevention, through healthy lifestyles and the restriction of environmental toxins, must play a far more prominent role in this discussion.

Moreover, Enbridge, a company whose products cause cancer, should not be able to shroud itself in a bullet-proof PR shield by linking itself with cancer research. This is a company that does not have the support of the public or First Nations in BC and threatens to destroy the things we hold dear – our rivers, salmon, coastline, communities, cultures and ways of life. As I write this, thousands of citizens are preparing to gather in our capital in one of the largest environmental demonstrations on record, to speak out against oil on BC’s coast.

The heavy-handed tactics of Enbridge and its supporters in the Harper Government have rubbed British Columbians and First Nations the wrong way for a long time now and Enbridge should not be getting any help from cancer philanthropies to repair its image.

To those who wish to ride for cancer – and I applaud them for their heartfelt commitment and sincere efforts for a noble cause – I suggest the alternative of the Ride2Survive.

To the BC Cancer Foundation, I suggest you can do better than Enbridge.

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Rafe on Whom to Support in BC’s Upcoming Election

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By the time this is published I’ll be away for two weeks on a neat cruise – Vancouver to Puerto Vallarta and return, no airplanes.

I’m often told, “You must be pretty well off to afford all these cruises,” but the fact is that if I had another ten or fifteen years to go I couldn’t, but not even the miracles of modern medicine can accomplish that! Therefore, our children, grandchildren and great grandchild can make their own ways in life – I had one legacy of $30,000 in my life long after I really needed it. So, to my descendants,  we are spending our savings and you’ll be lucky to get a dime each!

Normally I keep up on blogs when on vacation but this time no – I have a book to finish writing and that will be my writing for the next fortnight. I will be keeping tabs on email but only a cataclysmic event will get me answering it.

This seems to me to be a good time to ramble a bit over our website, the Common Sense Canadian and where we’re heading.

We’re two and a half years old now, having been an offshoot of the Save Our Rivers Society, Tom Rankin’s valiant effort to save rivers from destruction by Gordon Campbell and his thuggish corporate pals, which was fought well and lost. As the great football coach Vince Lombardi famously said, “Winning isn’t the main thing, it’s the only thing.”

Damien Glllis and I – a mere 48 years apart in age – worked together on the 2009 campaign and got to know each other well as we travelled the province – his videos and my tonsils working overtime. We worked well together and liked one another and were not content to accept the electoral decision and decided that the fight for our environment was too important to abandon.

The Common Sense Canadian was named in part for Thomas Paine’s pamphlet, Common Sense, whose enormous impact became the bible of the American Revolution – and in part for the approach we take to environmental and resource management. We believe these aren’t matters of left and right but of right and wrong. 

Our motto comes from Churchill, when he said, “Never give in – never, never, never, never, in nothing great or small, large or petty…Never yield to force; never yield to the apparently overwhelming might of the enemy.”

We knew that the opposition from government and industry would be considerable – and that became a challenge we couldn’t resist.

We are two in number but we have attracted some of the finest environmental writers in the province, which a quick trip to the website and contributors list will demonstrate.

We have little income and what we get goes quickly. We are not, as federal Environment Minister Joe Oliver has declaimed, “funded by offshore money”, but we do say this: we would be glad to have it, so wherever you live in this wide wide world, please help us – and we do not ask for passports!

The issue cannot be escaped – we’re in a political fight which means that, speaking bluntly, the NDP is our main hope, if not our only one.

Let me say that neither of us are “lefties” by instinct but we supported the NDP in 2009 on the Arab saying that “the enemy of my enemy is my friend”. Who else was there to support if you want to save agricultural land, ban fish farms, save rivers and BC Hydro from destruction, oppose pipelines and tanker traffic?

I know that the estimable Jane Sterk, leader of the Green Party would say that the obvious answer is them. But, unhappily, we live in a system that takes in minority parties and spits them out like caraway seeds. This is a sad political catastrophe that deprives large numbers of people of representation in the legislature.

Unfortunately, for now, it’s a fact we must live with.

Our position in the 2013 election will be to ask our readers and supporters to please vote for the candidate who is for the environment and has a reasonable prospect of victory.

It would be nice to think that we could simply vote for the man/woman but to do that means you don’t understand the system. To think, for example, that an MLA for the environment can make a scintilla of difference in a Liberal Caucus – and I have to be insulting – is dreaming in technicolor.

Are Damien and I satisfied that the NDP, if elected, will govern wisely in other areas, especially in fiscal matters?

My answer is no. But neither can we say that the Liberals have governed wisely. Starting with a billion dollar bonus to the well off, the Campbell/Clark government has lurched from one catastrophe to another, tripling the provincial debt in the bargain. BC Ferries has gone except we still finance it, BC Rail has been literally given away and BC Hydro has gone from being a cash cow to virtual bankruptcy – and we’ve yet to pay the federal government a substantial sum to let us off the hook with the HST.

The Liberals whine that they have been sideswiped by the Recession, when they could have substantially mitigated their losses by admitting they knew about the market crash and the recession that was plainly to follow.

But they have the nerve to blame outside forces, when the NDP were hit by a sudden catastrophe that no one foresaw in Asia, a catastrophe that virtually crippled our forest industry and the Liberal Opposition cut them no slack whatsoever. Evidently, they hadn’t anticipatedthe market crash and subsequent recession.

I suppose I can go this far – you can repair fiscal messes but once your environment is destroyed it’s gone forever.

For Damien and me, the issue of our environment transcends all other concerns and we will be urging voters to share those convictions when they cast their votes.

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Harper Govt. Delays Chinese Nexen Takeover Decision by a Month

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Read this story from CBC.ca on the federal government’s announcement today that it is postponing its decision under the Investment Canada Act as to whether to permit the purchase of Canadian oil and gas company Nexen by Chinese state-owned CNOOC. (Oct. 11, 2012)

Industry Minister Christian Paradis has extended the federal government’s review of China National Offshore Oil Corp.’s proposed takeover of Nexen Inc. under the Investment Canada Act by 30 days.

CNOOC, one of three Chinese oil companies controlled by the Chinese government, is trying to buy Calgary-based Nexen in a $15-billion takeover.

Shareholders have already signed off on the deal, but any deal worth more than $331 million to take over a Canadian company requires regulatory approval from the Canadian government.

“Extensions to the review period are not unusual,” Paradis said. “In general terms, the Act provides an initial 45 days for the review, which can be extended for an additional 30 days.”

“The review period may be extended again, with the consent of the investor. A decision can be made at any time within this period,” he said.

Under the terms of the act, the transaction must be assessed on six factors, including whether or not it is of “net benefit” to Canada. That clause was most recently invoked with BHP Billiton’s $40 billion offer to buy PotashCorp. in 2010, which Ottawa nixed.

The proposed Nexen takeover has sparked concern across Canada, with Prime Minister Stephen Harper having said it “raises a range of difficult policy questions.”

The NDP is opposed to the deal, citing national security and environmental concerns in urging Ottawa block the transaction.

Read more: http://www.cbc.ca/news/business/story/2012/10/11/ottawa-nexen-cnooc.html

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Rick Mercer

XL Too Big for Food Safety – Rick Mercer Rant Nails It

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The tainted meat scandal that continues to dominate Canadian news headlines has provoked harsh criticism of XL Foods – the company at the centre of the nation’s largest ever meat recall – regulator the Canadian Food Inspection Agency and the Federal Conservative Government. Yet, as humourist and political commentator Rick Mercer astutely underscores in a recent video rant (see below), the most important question the crisis raises relates to the whether it is safe for up to 40% of the country’s beef to be processed by a single plant.

The XL scandal is but the latest and most dramatic wake-up call for Canadians as to the direction successive federal and provincial governments have pushed the Canadian food system – legislating smaller, locally run farms and processors out of business in favour of monolithic, centralized corporate food producers.

In the aftermath of this tainted meat debacle, as our politicians point fingers, attempt to derive lessons and develop policy changes to help prevent this situation from repeating itself, the primary focus needs to be on addressing this overblown corporate food system run amok. We are frequently told small operators can’t safely produce and process our agricultural products, yet the system our governments have imposed on us in their place is clearly proving the opposite is true.

Check out Rick Mercer’s prescient rant on the subject below.

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BC Liberal Environment Minister Terry Lake (photo: youtube screen capture)

Rafe Responds to BC Environment Minister’s Enbridge Op-ed

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You should read Environment Minister Terry Lake’s op-ed piece in Friday’s Vancouver Sun. If ever you needed proof of the utter incompetence of the Campbell/Clark government this will do it.

He gives the government position re the proposed Enbridge pipeline.

Lake calls for the Joint Review Panel to “successfully complete the environment review process”.

What does that mean, Mr. Lake, when the federal government says that Enbridge will go anyway? Don’t you see that the fix is in!

Have you ever been to such a meeting, minister?

You will find an essential piece missing – namely, can the people of BC give their opinions as to whether or not they want the project in the first place?

Then you call for “World leading marine oil spill reaction, prevention and oil recovery systems for BC’s coastline and ocean to manage and mitigate the risks and cost of heavy oil pipelines and shipments”.

Who writes this crap? The ever-active PR department of Enbridge?

Don’t you understand that spills are inevitable and likely in areas too remote for any machinery to get in? And that there’s very little they can do about it anyway, as demonstrated by Enbridge’s 2010 spill into the Kalamazoo River?

Haven’t you looked at Enbridge’s spill record of more than one per week?

But there is a deeper question minister – don’t you understand that the consequences of spillage of bitumen, whether on land or in the ocean, are many, many times more lethal than the crude oil spilled by the Exxon Valdez?

Don’t you understand that unlike crude oil spills, the bitumen sinks like a rock? With crude oil, the technique of “rafting” corrals the spill and allows much of it to be siphoned off, but that you can’t do that with bitumen?

Don’t you get it? That we’re not talking about risks, but, by Enbridge’s own admission, certainties? Certainties with catastrophic consequences?

I hate to urge people to read the Vancouver Sun, but your article is such appalling drivel that it gives the public a unique opportunity to see the sloppy crap that is your government’s mindless and highly political response to certain destruction of our heritage – all to supply China with bitumen to refine. 

At least you have, by this column, made clear what environmentalists have been saying all along – the Clark government is unfit to govern.

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photo: Kin Cheung/Associated Press

Harper’s China Syndrome: PM in a Pickle Over Nexen Buyout, Trade Deal

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Following an eventful couple of weeks for the Canada-China energy trade file, Stephen Harper finds himself in quite a pickle. The Prime Minster is stuck between his resolute commitment to opening up a carbon corridor to Asian markets and the increasingly politically untenable position of supporting wholesale Chinese state ownership of strategic Canadian resources.

In addition to Harper’s mounting challenges over the proposed $15 Billion buyout of Canadian oil and gas firm Nexen by Chinese state-owned CNOOC, several prominent Canadian voices – including Federal Green Party Leader Elizabeth May and Council of Canadians founder and world-renowned trade expert Maude Barlow – have piped up about a controversial trade deal quietly signed by Prime Minister Stephen Harper last month, which they say would give unprecedented rights to Chinese corporations over Canadian resources.

As the tide of opposition to the Nexen deal continues to rise, Harper was forced to acknowledge this week, “This particular transaction raises a range of difficult policy questions, difficult and forward-looking issues.”

That’s putting it mildly.

The Nexen deal is problematic for the Conservatives for three main reasons:

  1. Public opinion is squarely against it, with some 70% of Canadians opposing it and four in ten viewing China as a threat, according to National Post columnist John Ivison (who nevertheless urges Harper to approve the deal as it’s in Canada’s best long-term interests)
  2. The Official Opposition has finally come out against the deal this week and appears poised to make political hay with its position.
  3. Most importantly, by far, powerful American political forces are lining up against the deal – charging that allowing these resources to flow to China constitutes a national security threat (our own CSIS concurs).

On that last point, Congressman Ed Markey, the ranking Democrat on the House Committee of Natural Resources, wrote to US Treasury Secretary Tim Geithner in July, imploring his office to block the deal (someone needs to inform the congressman that this deal doesn’t technically fall under Geithner’s jurisdiction, but it’s nevertheless a noteworthy and influential objection). Wrote Markey, “Giving valuable American resources away to wealthy multinational corporations is wasteful but giving valuable American resources away to a foreign government is far worse.”

Apparently even the Americans – whose resources these are notrecognize the danger in handing them over to the Chinese!

Meanwhile, with the NDP continuing to nip at the Conservatives’ heels, Harper might do well to ignore the advice of John Ivison and consider the short and long-term implications of accepting such an unpopular deal. Heck, even some of Harper’s own MPs oppose it!

NDP Energy and Natural Resources Critic Peter Julian laid out his party’s opposition to the deal at a press conference Thursday, as reported by the Globe and Mail:

New Democrats “cannot support the rubber-stamping of the CNOOC takeover of Nexen,” Mr. Julian said. “We cannot see the net benefit when we look at a variety of concerns and criteria that have been raised by the Canadian public.” Those concerns, he said, included the environmental and human-rights record of CNOOC, the potential for job losses and the risk of decision-making gravitating away from Nexen’s Calgary head office, plus risks to national security.

It is this “net benefit” test, under the Investment Canada Act, that is at the core of the decision Harper faces – which is expected by October 12, but can and may well be delayed by another month. The NDP has expressed doubt that the Harper Government will conduct this “net benefit” test in a transparent enough manner to reassure Canadians.

According to the party’s industry critic Helene LeBlanc, “By studying this transaction behind closed doors and not specifying what criteria they used to determine what represents a net benefit for the country, the Conservatives have given us no choice. When in doubt, it’s best to back off.”

Conservative Industry Minister Christian Paradis called the NDP’s position “reckless and irresponsible” in a news release.

Meanwhile, Harper’s quiet trade deal with China has drawn heated rebuke the past several weeks, as the two issues inevitably dovetail into each other.

A statement from the Council of Canadians last week noted:

A bilateral investment treaty between Canada and China, which was signed earlier this month and made public by the Harper government yesterday, will put unacceptable constraints on Canadian energy and environmental policy…The organization is once again calling on MPs to reject the Canada-China Foreign Investment Promotion and Protection Agreement (FIPA), and to stop signing what are essentially corporate rights pacts inside standalone treaties and Canada’s broader free trade agreements.

The organization’s National Chairperson, Maude Barlow, drew together FIPA and the Nexen deal, stating, “Canadians need to know that as Harper considers selling off Canadian energy firms to foreign investors in China and elsewhere, he’s also signing investment pacts that let these firms sue the federal government when delays or environmental protection measures interfere with profits.”

Council of Canadians’ Trade Campaigner Stewart Trew suggested these deals do little to promote investment, as is their stated mandate. “They are very useful, on the other hand, for extorting governments when things don’t go their way. That could be delays or cancellations to energy and mining projects, environmental policies that eat into profits, even financial rules designed to create stability or avoid crises can be challenged.”

Green Party of Canada Leader Elizabeth May shared many of these concerns with the House of Commons this week, calling for an emergency debate on FIPA, suggesting it bears “grave and sweeping implications for Canada’s sovereignty, security, and democracy.”

In a statement on her website this week, May said, “I pointed out in my notice to the Speaker that this is perhaps the most significant trade agreement since NAFTA, and the fact that it can be negotiated and ratified behind closed doors is very corrosive to our democracy.”

“I also realize that an emergency debate is far from sufficient under the circumstances, but it might be the only opportunity Parliamentarians have to review and discuss FIPA before we are bound to it for the next 15 years, especially if neither the NDP nor the Liberals focus on it during their Opposition Days.”

Whether FIPA receives its due attention politically – let alone gets cancelled – remains to seen, but the more it becomes connected to the clearly unpopular Nexen deal in the coming weeks, the more scrutiny it will face.

The exploding national debate around theses issues puts Harper in a tough spot. On the one hand, the Prime Minister has been very clear about his policy vision for the country – and expanding energy trade to Asia has been the centre plank in this platform, underscored by a visit to China earlier this year, during which energy issues were the main topic of discussion. He has made public and private commitments to Asian trading partners and to the Canadian oil patch.

Moreover, with US leaders promising to become far more self-sufficient in oil and gas resources over the next decade by massively boosting domestic production, there is increasing pressure on Canada to develop new export markets for its fossil fuels.

And yet, as prospects for the proposed Enbridge pipeline continue to wane and opposition mounts to Nexen and this new trade deal, the Prime Minster is gambling his political future on an increasingly unpopular strategy – whether he believes it’s in the country’s best interests or not. Add to that the concerns raised by CSIS last month about threats to Canada’s national security from such deals and you have a recipe for real political problems if the PM continues down this path.

As University of Ottawa Law Professor Penny Collenette put it in the Globe and Mail’s story yesterday, with the NDP jumping on the issue, “Now it is burst wide open onto the political scene,” and becoming “a kitchen table national debate.”

That’s the last thing Stephen Harper’s energy plan needs right now.

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Photo: Graham Hughes/The Canadian Press

Why Justin Trudeau May be Better for BC than his Father Ever Was

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I’ve been in and watching politics for a few years now and have seen a lot of politicians come and go.

As a child I remember my parents always chiding Mackenzie King for his weirdness, yet always voting for him.

Back then I was a precocious little bastard and loved politics and remember how my parents and the rest of the Vancouver “establishment” demonized the CCF, forerunners to the NDP. The foreman in my Dad’s paper box plant was, so Dad confided in me, a CCFer, and I saw Charlie Knowles as a rather benign, kindly person who somehow presented a serious threat to our way of life.

The first charismatic leader I can remember was John Diefenbaker, who won an upset minority government in 1957, then achieved a huge majority in the Spring of 1958. To demonstrate my perversity, I voted Liberal in 1957 when the big swing to the Tories was happening and when it seemed that no one was voting Tory, I still voted Liberal.

I distrusted the Tories because they had always been perceived (correctly in my view) as haters of French Canadians, as we then called them, and cozy friends of the manufacturers of Ontario.

This brings me to 1968 and closing in on what I really want to say today.

In 1968 I was caught up in Trudeaumania which was sweeping the country.

I thought that Trudeau had a better grasp of what the country was all about, not only in Quebec, but here in the “west beyond the west”, in the words of historian/author Jean Barman. I was sure wrong on the latter count, because whether it was his failed marriage to a BC woman or just bloodymindedness, Trudeau showed his contempt for our province, best exemplified when he refused to speak to a crowd in Salmon Arm and literally gave the crowd the finger.

In the late 70s and early 80s I saw him through the constitutional lens and saw a man who didn’t want a Canadian consensus at all but was “my way or the highway”.

What I did see, I must grudgingly admit, was a man who saw clearly that if he could win in Quebec and Ontario, the rest of Canada could like it or lump it.

In my 30+ years in politics and broadcasting I learned that all federal governments, at best, were indifferent to the needs and ambitions of my province, which they simply lumped into one region which they called “the West”. And, yes, if I must make a confession one more time, I consider myself a British Columbian before a Canadian and that if I had been in the Legislature in 1871 I would have voted no on joining Canada, with which we had no physical connection and never to this day a full political one.

OK, folks, that gets me to today and a budding charismatic politician, Justin Trudeau. I support him but not out of some yearning for a clone of his old man – God knows we don’t need that! I support him because he has a background in BC, having lived here and taught here as well as spending vacation time here. His mother, Margaret, is a native British Columbian. Whether or not the death of his brother here is in the equation, I can’t say.

Here, however, is my basic point.

British Columbia is under merciless and massive corporate/political attack which, if not stopped, will change this province much for the worse. To now think that a prime minister Justin Trudeau will change that may be wishful thinking but we’re really like the man falling from a great height, flapping his arms in a move he knows won’t help him but it sure as hell isn’t going to make matters worse.

Justin Trudeau has condemned the Enbridge pipeline in clear terms, putting a clear issue into the mix. He couldn’t have done this as a throwaway line – at least I don’t think he could have – which means the two opposition parties come together on this issue. Admittedly Tom Mulcair has not been quite as forthcoming as I would like but Trudeau understands that in the new Canadian political game BC will be important. Prime Minister Harper has made the game into a clear division – into “me or them”  – and while both opposition party leaders will want to stake out their own positions, it won’t be by supporting any major Harper policy.

It is, I confess, a thin reed indeed, but with all the delays that we can create, it just might be that Trudeau represents a chance to save our lovely province in its struggle to save ourselves from the destruction of what we hold so dear – our heritage, and, dare I say it, our very soul?

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Elizabeth May Raises Alarm in House Over Controversial Canada-China Trade Deal

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Check out this press release from Green Party of Canada leader Elizabeth May, raising concerns over a new trade deal with China quietly signed by Stephen Harper last month. May rose in the House this week to state her objections to the deal and call for an emergency debate in the House. (Oct. 1, 2012)

Green Party Leader Elizabeth May, MP Saanich-Gulf Islands, will rise today in the House of Commons following the conclusion of Routine Proceedings to request an Emergency Debate on the Canada-China Foreign Investment Promotion and Protection Agreement (FIPA). This follows the delivery of a notice of her intention to Speaker Andrew Scheer on Friday.

In her notice, May stated that the “grave and sweeping implications for Canada’s sovereignty, security, and democracy” posed by FIPA – signed by Stephen Harper on September 9, but kept from the public and Parliament until quietly tabled on Wednesday last week – warrants much greater transparency and debate.

According to the Policy on Tabling Treaties in Parliament, FIPA must be tabled in the House for 21 sitting days before it can be ratified. Then, the Privy Council can, without any public or Parliamentary consultation or review, sign it into law.

“I pointed out in my notice to the Speaker that this isperhaps the most significant trade agreement since NAFTA,” May stated, “and the fact that it can be negotiated and ratified behind closed doors is very corrosive to our democracy.

“I also realize that an emergency debate is far from sufficient under the circumstances, but it might be the only opportunity Parliamentarians have to review and discuss FIPA before we are bound to it for the next 15 years, especially if neither the NDP nor the Liberals focus on it during their Opposition Days.”

Read more: http://elizabethmaymp.ca/news/publications/press-releases/2012/10/01/may-to-request-emergency-debate-on-canada-china-investment-deal/

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