Court Quashes Approval of Trans Mountain Pipeline

83 posts / 0 new

Sat, 2018-09-01 08:55

epaulo13

kropotkin1951 wrote:

The project includes everything from Alberta to Burnaby. This ruling ended the construction, for now. The next move is up to TransMountains new owners. They need to reapply to the NEB to get a new project approved. The government has to ensure that the review process meets the smell test and that First Nations groups have been properly consulted on the specifics of the proposal prior to the NEB deciding whether or not the new owners can proceed. Then if the process is not seen as fair by the groups that litigated this round then they will be back in court again. Many lawyers and consultants will make a good living all the while it is going on so I guess you can say the pipeline is a job creator.

..all i would add is a wreath

Sat, 2018-09-01 09:36

#53

epaulo13

Andrew Scheer's office tries to explain why he called oil the ‘cleanest’ form of energy

The leader of Canada’s official Opposition party on Friday appeared to walk back an erroneous tweet that describes oil as the cleanest form of energy available.

Andrew Scheer was reacting to the Federal Court of Appeal ruling that quashed the federal government’s approval of the Trans Mountain expansion project, when he tweeted a comment about Prime Minister Justin Trudeau’s energy policy.

“What a total mess Justin Trudeau has made,” Scheer tweeted Thursday, linking to a news story about the ruling. “Canadians are paying, literally, for his utter failure to champion the cleanest, most ethical, environmentally-friendly energy in the world. This has to change.”

quote:

'Canada is on fire'

Clayton Thomas-Müller, a campaigner for environmental advocacy group 350.org, said Scheer is missing the point.

“Getting into nuances around whether or not oil is ethical, if it’s sourced from a G8 economy versus another economy, doesn't even make sense in this time that we’re living in,” said Thomas-Müller.

“Canada is on fire, the world is on fire, because of man-made climate change.”

Scheer's tweet didn't go unnoticed on Twitter. Gary Mason, national affairs columnist for the Globe and Mail, called it “the kind of inanity (U.S. President) Donald Trump would utter.”

“There is nothing clean, ethical or environmentally-friendly about crude from the oil sands. What a preposterous statement,” wrote Mason.

Scheer shot back, saying “it’s very troubling that a columnist at a national newspaper could be so wrong about Canadian oil.”

“By every possible metric, our oil is the best in the world. If this story was told more, perhaps we wouldn’t be where we are today,” he said.

Scheer's comments mirror Harper campaign

Scheer’s “story” was told in great detail by the government of former Conservative prime minister Stephen Harper, which budgeted tens of millions of public dollars for an advertising campaign promoting the Canadian oil industry in the U.S., Asia and Europe.

The Harper government also deployed its diplomats to push the pro-oil message to Fortune 500 companies in the United States and counter an environmental advocacy campaign that highlighted the rapidly-expanding carbon pollution from the oil and gas industry.

Sat, 2018-09-01 11:38

#54

epaulo13

Commercial viability of Trans Mountain’s expansion just took a huge hit from the Federal Court of Appeal

Robyn Allan

quote:

Prime Minister Trudeau had permission to redo the review and he squandered it. His broken promise and litany of fraudulent excuses that followed have not only failed all of us—whether we are against or in favour of the pipeline—he has miserably betrayed himself.

The prime minister participated in the disintegration of his integrity by adopting an elaborate fiction about the economic benefits of the project and it being in the public interest; about having undertaken proper consultation with First Nations and ensuring marine tanker traffic is safe; about it being a commercially viable infrastructure project and the $4.5 billion purchase price a good deal for Canadian taxpayers.

Forcing Trans Mountain's expansion on Canada has been nothing but financial, economic and social cost to the Canadian economy and taxpayers, not to mention the cost and burden to First Nations.

With the purchase deal done, more than $4.2 billion of funds will have been siphoned to Houston-based Kinder Morgan Inc. The U.S. parent received net proceeds from the Initial Public Offering when Kinder Morgan Canada Limited was taken public and will receive 70 per cent of the net proceeds from the $4.5 billion federal purchase. Trans Mountain’s expansion has been nothing but a drain on many Canadians.

Finance Minister Bill Morneau’s press conference held shortly after the Federal Court of Appeal decision shows us Ottawa is incapable of learning anything. Morneau continues Ottawa’s deception about Trans Mountain’s expansion. He spouts platitudes about the need to diversify markets and obtain a better price. Big oil has little intention to diversify away from U.S. markets and prices in Asia are not higher. He ignores the fact that come January 1, 2020, the International Maritime Organization (IMO) will introduce low-sulphur content rules that effectively pulls the market out from under heavy oil by more than three million barrels a day.

The Canadian Energy Research Institute estimated in a report released last month that the IMO initiative will significantly ratchet down heavy oil prices. Despite Alberta Premier Rachel Notley’s public statements about benefits from the expansion, her recent budget also predicts a significant price decline.

Estimates vary as to the exact impact on the light/heavy price differential, but the natural discount for Alberta’s tar sands crude as compared to the North American benchmark West Texas Intermediate (WTI) will move to around $35US a barrel. Trans Mountain’s expansion will not, and cannot, deliver any economic benefit to Canada under the impending new market reality. There are currently no markets in Asia for Alberta’s heavy oil and whatever offshore markets might have been expected to be developed before IMO regulations were announced, have dried up. This is because the world is getting wise to the greenhouse gas impact of this low quality crude, even if Trudeau refuses to.

Morneau, for his part, needs to get his head out of the tarsands and face business and market facts.

The 13 shippers who signed onto Trans Mountain’s expansion agreed to a National Energy Board (NEB) certificate budget of $7.4 billion estimated in late 2016, but the certificate no longer exists, ergo neither does their commitment to proceed with the project. Ottawa is going to have to come up with a new budget if they succeed in getting another certificate, which — even under a rosy scenario — is a good two years away. By that time, the capital cost of the expansion project could exceed $12 billion since there are costs for halting construction, carrying the project in limbo, not to mention the practical realities of developing an actual construction budget as compared to the less rigorous planning budget that now exists.

Good luck getting big oil to agree to pay these capital costs, particularly under the looming prospect of declining world demand for heavy oil and its impact on price. Just like Kinder Morgan, they will head to Ottawa, cap in hand, for subsidies which Trudeau will agree to and then try to spin as somehow in the public interest. Canadians are through being spun....

Sat, 2018-09-01 11:51

#55

epaulo13

..finally from above. amen!

quote:

As if the project’s obvious lack of commercial viability as an unexpected by-product of the Court quashing the certificate is not enough, the Court’s decision to ensure meaningful consultation with First Nations has brought with it a very encouraging and much-needed reality check.

Even before the Government of Canada becomes the NEB’s next applicant under Section 52 of the NEB Act, Ottawa will not be able to avoid in its deliberations with First Nations the obvious elephant in the smoke filled room—climate change.

Canadians owe a huge debt to the Tsleil-Wauthuth et al. Everything that should have been considered under due process years ago is now back on the table—from commercial viability, project need, environmental impact and adequate consultation. What’s more, legal recognition that our regulatory and electoral institutions have fundamentally failed us means we can fix them before they take down more of what makes us a decent society.

Sun, 2018-09-02 05:53

#56

epaulo13

Sun, 2018-09-02 06:40

#57

epaulo13

..there is ongoing video with this piece. jean charest is interviewed and promotes the idea that the government pass special legislation to approve the pipeline post ruling.

Morneau vows Trans Mountain ‘will be built’ despite court ruling

Sun, 2018-09-02 15:20

(Reply to #57) #58

Martin N.

quizzical wrote:

Martin N. wrote:

quizzical wrote:

Mr Dressup and his clown car of incompetents.

i do agree with your descriptive term and find funny but this is Harpers and the CPCs incompetency not the Liberals. their mistake was trusting Harpers competency.

Godwin cries!

HDS also dictates that Harper is responsible for holes in the ozone layer, earthquakes and Maria Tremonti's irritable bowel syndrome.

live in delusion all you want but it's a fact.

Trudeau and the Liberals after campaigning on how they were going to fix the flawed NEB approval just went on to use what Harper and the CPC had done including keeping the oil industry stacked Board.

[/quote]

OMG! An energy board review about oil actually has industry types who know of which they speak.

This startling relevation begs the question if you were having brain surgery without input from your greengrocer and local union functionary, would the operation stand the same chance of success?

Sun, 2018-09-02 15:48

#59

quizzical

Martin there are qualified non oil industry people who are more than able.

and what makes shareholders so knowledgeable?

i probably know more than a shareholder does on invironmental impacts.

you don't put foxes in charge of hen house.

and what about the false blame you put on the Liberals again? you failed to address how wrong you were. cons trying to con.

Mon, 2018-09-03 10:17

#60

epaulo13

..from apr

Prime Minister Trudeau addresses question about Kinder Morgan approval from NDP MP Guy Caron

Mon, 2018-09-03 11:13

#61

NorthReport

So we want to probably end experiences like this to ram a pipeline and increased shipping through Burrard Inlet and the Salish Sea. If a pipeline has to be built choose another route that has the approval of the people whose land it will pass through.

https://globalnews.ca/news/4424101/curious-humpback-video/

Mon, 2018-09-03 11:20

(Reply to #61) #62

gadar

quizzical wrote:

cons trying to con.

Thats all they do. Without the conning there wont be a Con.

Mon, 2018-09-03 13:19

(Reply to #62) #63

Martin N.

quizzical wrote:

Martin there are qualified non oil industry people who are more than able. It appears self-evident that having the required expertise on oil related matters makes such experts a member of the oil industry, no matter one's opinions

and what makes shareholders so knowledgeable? Who said anything about shareholders?

i probably know more than a shareholder does on invironmental impacts. That doesnt make either one of you qualified for anything but uttering your own opinions.

you don't put foxes in charge of hen house. You dont put the hens in charge either.

and what about the false blame you put on the Liberals again? you failed to address how wrong you were. cons trying to con. Why is it my obligation to support your cognitive biases against my own conclusions? You think Im wrong, lay out your argument, not a morning after guilt trip.

Mon, 2018-09-03 15:38

#64

quizzical

Martin i don't have to lay out anything it's all ready laid out in Hansard and part of public record.

Trudeau and the Liberals got huge flack for breaking their campaign promise to redo the NEB approval created by Harper and the CPC. They accepted it as it was and here we are today. Pipeline owners whose two successive governments didn't do their job.

https://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/dismantle-neb-create-bodies-for-regulation-growth-panel/article34989230/

Mon, 2018-09-03 16:16

#65

epaulo13

..don't forget the tail that wags the dog..big oil. if the governments did their jobs the tarsands project wouldn't exist..at least as it does today. if governments did their job none of this would be an issue to this extent.

Mon, 2018-09-03 22:13

(Reply to #65) #66

gadar

epaulo13 wrote:

..don't forget the tail that wags the dog..big oil. if the governments did their jobs the tarsands project wouldn't exist..at least as it does today. if governments did their job none of this would be an issue to this extent.

Worth repeating

Tue, 2018-09-04 13:39

#67

NDPP

How I Unwrapped the Kinder Morgan Saga

https://www.nationalobserver.com/2018/09/01/analysis/how-i-unwrapped-kin...

"The rights of Indigenous peoples and the Constitution were largely treated as footnotes."

Tue, 2018-09-04 20:40

#68

epaulo13

..from democracy now

Part 1

Indigenous Activists Win “David vs. Goliath” Victory as Court Rejects $4.5B Trans Mountain Pipeline

quote:

AMY GOODMAN: For more, we’re joined by Winona LaDuke, Native American activist, executive director of the group Honor the Earth. She lives and works on the White Earth reservation in northern Minnesota, but she is joining us from Mexico City. And joining us from Alberta, Canada, by phone is Eriel Deranger, founder and executive director of the group Indigenous Climate Action, a member of the Athabasca Chipewyan First Nation.

quote:

WINONA LADUKE: Well, first, I want to say that Canada has a problem. I mean, they don’t have a plan B for their economy. You have to remember that Canada is the tar sands producer, and they’re trying to figure out how to milk the tar sands in the face of, you know, everything is burning, from California to the Arctic. The other thing is, is that, you know, they are—75 percent of the world’s mining corporations are Canadian. And so, Canadians—the Canadian economy is predicated on this still “let’s just mine it, let’s suck it out, let’s ship it to someplace” staples economy. So, Canada needs an economic restructuring. That’s what it needs in order for us to deal with some of the problems that we’re facing, you know, across the board.

Now, of course, you know, we are all really pleased with this, because the fact is, is that these are illegal and immoral pipelines. What Eriel is talking about, the idea of free, prior and informed consent, that’s a U.N. standard. That’s a United Nations standard for relations between state governments and indigenous nations or First Nations. That’s not being upheld by Canada, and that’s certainly not being upheld by the United States. Canada’s approach is pretty much gunboat diplomacy, as it is in the United States: “We will starve you until you come to an agreement to host a pipeline or host a mine.” That’s how Canada operates. That’s how the U.S. operates. But this court has said, “You’re not going to do that. And, in fact, you’re going to have to get consent from these people.” So it’s a very, very important decision for all of us.

quote:

Yes, you are right, I got cited last week—we call it kind of like “arrest-lite”—in downtown Bemidji with about 26 other people, mostly members of the Ojibwe Nation and church people, as well as the board chair of the Sierra Club, for opposing this line. And what we’re trying to point out also is that in the final days of the final negotiations on the pipeline, right in front of us, at the Public Utilities Commission, one of the PUC commissioners turns to Enbridge and says, “Will you pay for the police required to put in this pipeline?” In other words, “Will you finance the brutalization of Minnesotans in order to get your pipeline in, Enbridge?” And Enbridge said yes. And so, we have, you know, a multiagency task force out of Bemidji now that is preparing to launch—you know, we saw an LRAD, long-range acoustic device, and MRAP heading up to northern Minnesota. We are seeing the beginning of policing. And so, what we’re pointing out is, is that thousands of people are going to get arrested in Minnesota, if they proceed with a pipeline which is immoral, and it is illegal, and goes across our territory.

quote:

ERIEL DERANGER: Well, you know, I think Winona hit the nail right on the head with her explanation of what it’s like in the U.S. People feel as though they have a gun to their head. It’s not making the best choice for your people. It’s making the best choice out of a slew of options that are going to really, you know, undermine your people’s rights, are going to destroy the environment, they’re going to impede people’s health and safety, or you have a roof over your head and food on your table, and you can like, you know, put clothes on the backs of your children. This is the reality, is our communities are put in economic hostage situations. As the number one employer in the region, our communities are forced into a corner to make really hard decisions.

And I have a lot of relatives, family members, that are employed by this industry, that also support the opposition to the Trans Mountain pipeline, that support the opposition to the continued expansion of the Alberta tar sands in our backyard. But when it comes down to leadership, our leadership has been coerced through bribery, through coercion by the government, coercion by the companies themselves, to make deals. And what we’re looking to do in this region, rather than look for the consent of indigenous communities, is we’re looking for what it’s going to take monetarily to get communities to finally buckle under the pressure, the financial pressures that exist within our territories.

Tue, 2018-09-04 20:52

#69

epaulo13

Part 2

quote:

JUAN GONZÁLEZ: And, Eriel Deranger, what kind of attempts by the energy companies in Canada have you witnessed to suppress the right of the people to be able to protest these lines?

ERIEL DERANGER: [inaudible] very blatantly at Kinder Morgan the presence of police and RCMP, basically being employed by the corporation to ensure that protesters were arrested quite regularly. There were many, many arrests, including politicians that stood in line with the First Nations. And in Alberta what we’ve seen is that there has been a huge amount of fear placed in the local indigenous people to stand up against these these corporations. So, you know, if you drive down what we call the Syncrude Loop, where the largest operator exists right now, and you stop along that highway even for a minute—so, I’ve taken many people up there. We stop. You take some photos. And within minutes, you have the RCMP asking you what you’re doing. So—

AMY GOODMAN: RCMP, the Royal Canadian Mounted Police.

ERIEL DERANGER: Thank you. Thank you so much. And so, what we see is that there is heavy police presence that are basically in collusion with these corporations to ensure that people don’t get curious, that people are afraid to approach these sites, and many of the people in the region don’t really feel safe in protesting. And that was the real sentiment that we took when we developed the Tar Sands Healing Walk, which went through that region, in protest against these projects. And it was one of the first times that the people felt empowered to actually stand up and do something. But that really isn’t a sentiment that’s very well supported. Many people have a real fear in the region.

quote:

AMY GOODMAN: You know, we’re having like a NAFTA panel. Here we are, Juan and I, in New York. You’re in Canada. And Winona LaDuke just happens to be in Mexico City. But, Winona, you are there for an interesting conference. Can you explain, as we wrap up?

WINONA LADUKE: Yeah. The conference I’m at is called the Conference on Degrowth. And as everybody probably knows, this is the biggest city in the world. And I was terrified to come here, I must say, because I’m a pretty rural person. But, you know, the question is: What the hell are we doing? I mean, the fact is, is that, you know, Forbes magazine, every magazine has come out and said capitalism is not sustainable. Duh! It’s a wendigo economy—that’s what I call it—a cannibal economy. If you destroy your mother, you have nothing.

And so I’m here at a conference of economists and social movements and political thinkers that are saying how we hit the reset button on this or how we transform it. And, you know, what I know is, is that Canada, and certainly the United States, need a structural adjustment, as does a lot of the rest of the “First World,” so that they don’t destroy the rest of the planet. What we need to do is to relocalize, to have renewable energy, to have local food, to have respect for people and rebuild relationships, and to have some trade that makes some sense. But, you know, what we have now is a global economy predicated on endless access to fossil fuels and endless violations of human rights. And that is not the way that we’re going to go.

So I’m here at this conference to discuss this. I’m really pleased to be here in Mexico City. I find it ironic that I’m having this conversation with you, because I’ve never been to Mexico City, but, you know, I’m certainly interested in the social movements and the thinking of Mexicans.

Thu, 2018-09-06 16:55

#70

epaulo13

Petro Politics and Trudeau’s Sordid Pipeline Deal

The debate about the Federal Court of Appeal decision that killed the approval for the Trans Mountain $7.4-billion pipeline expansion speaks volumes about the oily state of Canadian politics.

The leaders of Canada’s die-hard petro republics, Alberta’s Rachel Notley and Saskatchewan’s Scott Moe, predictably chaffed and frothed.

They complained that they had been let down, billions of dollars are being lost and Parliament must address “this crisis.”

Business types lamented that the courts had dealt another blow to Canada’s mining republic reputation by slowing down another noble megaproject promising jobs and prosperity — for China no less.

The power of oil to construct narratives that bear little or no relation to the truth is a global phenomenon and, in Canada, a new boreal specialty. You can’t find a more entitled political player than a petroleum exporter.

All in all, the media and Canadian politicians reduced the court decision to a dubious concession to pesky First Nations and environmentalists and another damned hurdle for “the national interest” and the pursuit of jobs.

But that’s not the truth or the reality....

Thu, 2018-09-06 19:59

#71

epaulo13

Trudeau does balancing act between visits with Notley and Horgan

quote:

The main lobby group representing Canada's oil and gas companies, the Canadian Association of Petroleum Producers (CAPP), has also expressed its displeasure with the ruling.

“CAPP is frustrated by further delays to the construction of the Trans Mountain expansion pipeline (TMEP) as the need for increased market access, and fair prices for our natural resources, remains critical." said CAPP spokeswoman Elisabeth Besson in an email statement sent to National Observer. "Continued uncertainty regarding Canada’s regulatory process is not in the country’s best interest. It deters foreign investment and results in additional delays, cost overruns, and more red tape. The Canadian government must institute a simpler regulatory framework that provides absolute clarity and certainty needed for investment. We continue to emphasize a good process is an efficient process — one that ensures that resource development projects move forward."

CAPP and the Canadian Energy Pipeline Energy Association were among the key industry lobby groups which pushed the former Harper government to introduce the regulatory system in 2012 that has led to the flawed NEB review.

Besson added in her statement that CAPP's member companies "support meaningful engagement with Indigenous peoples for the responsible development of our energy resources."

But privately, in a message sent to its supporters who are part of the lobby group's activist arm called Canada's Energy Citizens, CAPP said the court was "wrong" when it concluded the review was "flawed" and instructed the government to engage in more meaningful consultations with First Nations.

"We need to let decision-makers know the Federal Court of Appeal was wrong when it made the ruling that stopped construction on the Trans Mountain Expansion pipeline," said an email from Canada's Energy Citizens, sent on Sept. 2 that invited supporters to slam the court ruling in an online poll on the website of the Vancouver Sun.

Thu, 2018-09-06 22:22

#72

quizzical

the reality on the ground here in Transmountain world is the pipeline keeps on pumping and the trains keep on hauling. only diff is gov of Canada is making money off of the transmission of petroleum products through the pipeline.

and you know what is really funny? KM promised millions of dollars of project money to communities along the route if they gave letters of support. now the communities who signed letters of support get nothing.

Thu, 2018-09-06 22:29

#73

Martin N.

It is truly inspiring to witness such magnanimity toward the rule of law from zealots more likely to claim duplicity or abuse of process. Unfortunately, confirmation bias again presents this decision in a light not likely to last.

From the very deep, Marmion weeps.

Thu, 2018-09-06 22:37

(Reply to #73) #74

Martin N.

quizzical wrote:

the reality on the ground here in Transmountain world is the pipeline keeps on pumping and the trains keep on hauling. only diff is gov of Canada is making money off of the transmission of petroleum products through the pipeline.

and you know what is really funny? KM promised millions of dollars of project money to communities along the route if they gave letters of support. now the communities who signed letters of support get nothing.

TM also shut down the West Coast Spill Response mobilization that will provide 6 bases, 125 fulltime jobs, a $10 million headquarters in Nanaimo and 43 spill response vessels. All paid for by oil shippers on a toll basis.

But, quiz, read the fine print in the FCA decision to learn that far from a death knell, it is a roadmap to approval not only for TM but also projects to come.

Fri, 2018-09-07 18:47

(Reply to #74) #75

kropotkin1951

Martin N. wrote:

But, quiz, read the fine print in the FCA decision to learn that far from a death knell, it is a roadmap to approval not only for TM but also projects to come.

I have read the whole decision. For the pipeline to proceed it needs to be subjected to a a proper environmental assessment and a proper consultation process with the affected First Nations. That blueprint has always been there.

The court ruled out that those things are actual legal requirements that cannot be sham processes. So I say bring on the proper environmental assessements and lets see what how proper consultation differs from the last approach which was basically, "here is our plan and we don't care what you say in response."

If then government brings the same attitude then the courrts are likely to to slam them again. Sort of like the BC Liberals and their fight with teachers. they lost in the SCC and then thought they could do almost the same thing and the courts slapped them down for that as well. That's what the rule of law looks like.

Fri, 2018-09-07 20:16

#76

epaulo13

..pipelines including km can't pass legitimate scrutiny. which is why governments and industry resort to the tactics they do in the first place.

Fri, 2018-09-07 22:30

(Reply to #76) #77

quizzical

Martin N. wrote:

quizzical wrote:

the reality on the ground here in Transmountain world is the pipeline keeps on pumping and the trains keep on hauling. only diff is gov of Canada is making money off of the transmission of petroleum products through the pipeline.

and you know what is really funny? KM promised millions of dollars of project money to communities along the route if they gave letters of support. now the communities who signed letters of support get nothing.

TM also shut down the West Coast Spill Response mobilization that will provide 6 bases, 125 fulltime jobs, a $10 million headquarters in Nanaimo and 43 spill response vessels. All paid for by oil shippers on a toll basis.

But, quiz, read the fine print in the FCA decision to learn that far from a death knell, it is a roadmap to approval not only for TM but also projects to come.

glad it got shut down it was a sham km and oil company friends put out.

what a win win. get paid to say you're cleaning up your own spill 'cause dilbit can't be cleaned up.

Sat, 2018-09-08 13:43

#78

epaulo13

Frenzy over Trans Mountain court decision engulfs Alberta politics and media

Funny, isn't it? Less than six months ago, tout le monde political Alberta was demanding harsh application of "the rule of law."

This was nearly universally interpreted to mean that no legal challenge or protest against the construction of the Trans Mountain Pipeline Expansion Project could or would be tolerated.

The government of British Columbia's determination to exercise its right to mount a legal challenge against the TMX Project, then being proposed by Texas-based Kinder Morgan Inc., was excoriated as a violation of the rule of law by Alberta NDP Premier Rachel Notley, United Conservative Party Leader Jason Kenney, and many others.

To a significant degree courts in British Columbia have complied. "Camp Cloud" has been dismantled, its protester-residents scattered. Anti-pipeline protesters who violate the injunctive no-person's land around the Trans Mountain terminal in Burnaby, B.C., are being sent to jail, albeit not for as long as some intemperate Alberta politicians demand.

But now that the Federal Court of Appeal has overturned the federal cabinet order allowing construction of the now-federalized TMX to proceed immediately -- the rule of law in action, whether you like the ruling or not -- where are the cries for the application of this fundamental part of our democratic system?

There's plenty of noise, but not a peep about the rule of law.

Where we used to hear that thanks to the rule of law we were all going directly to heaven, we are now being told that because of the rule of law we are all going direct the other way!

As a result, we are now experiencing a full-blown elite tantrum in response to the court's unanimous decision in Tsleil-Waututh Nation v. Canada, an appeal by a coalition of First Nations governments, coastal municipalities and environmental groups of the 2016 federal cabinet order authorizing the multi-billion-dollar expansion of the pipeline to proceed.

Some of the nonsense being said and written is pretty breathtaking....

Sat, 2018-09-08 14:54

#79

epaulo13

For second time in a week, Liberals shield ministers from questioning over Trans Mountain

One by one, Liberal and Conservative MPs on the Commons committee examining Indigenous affairs turned on their microphones, leaned in and said, “No.”

Finally, it was Rachel Blaney’s turn.

“Yes,” she said, breaking the rhythm of the room and causing some other MPs to turn and smile at her.

Blaney, a New Democrat who is a vice-chair of the Commons committee on Indigenous and northern Affairs, found herself the lone vote in favour of her own motion, at an emergency meeting about a court ruling overturning the Trudeau government’s approval of the Trans Mountain oil pipeline and tanker expansion project.

Hers was one of two motions defeated on Friday, when for the second time this week, the government used its majority on a House of Commons committee to shut down opposition attempts to call ministers responsible for Trans Mountain to appear before them.

On Tuesday, the natural resources committee defeated a motion by Tory natural resources critic Shannon Stubbs to summon Natural Resources Minister Amarjeet Sohi and Finance Minister Bill Morneau to a meeting to explain what went wrong with the Trans Mountain approval process.

Blaney’s motion on Friday would have had the committee undertake a study of the Trudeau government’s consultation process for that project with First Nations.

quote:

The pipeline project is now in limbo, with construction brought to a halt, until the government addresses the faults raised in the unanimous court ruling.

“This was a motion that, in good faith, asked for meaningful discussion around Indigenous consultations,” Blaney told reporters after the meeting.

“I was very disappointed when I put forward my motion to talk specifically about consultations with Indigenous communities, that both the Conservatives and the Liberals voted against it.”

Sun, 2018-09-09 15:41

(Reply to #79) #80

Martin N.

epaulo13 wrote:

Frenzy over Trans Mountain court decision engulfs Alberta politics and media

Funny, isn't it? Less than six months ago, tout le monde political Alberta was demanding harsh application of "the rule of law."

This was nearly universally interpreted to mean that no legal challenge or protest against the construction of the Trans Mountain Pipeline Expansion Project could or would be tolerated.

The government of British Columbia's determination to exercise its right to mount a legal challenge against the TMX Project, then being proposed by Texas-based Kinder Morgan Inc., was excoriated as a violation of the rule of law by Alberta NDP Premier Rachel Notley, United Conservative Party Leader Jason Kenney, and many others.

To a significant degree courts in British Columbia have complied. "Camp Cloud" has been dismantled, its protester-residents scattered. Anti-pipeline protesters who violate the injunctive no-person's land around the Trans Mountain terminal in Burnaby, B.C., are being sent to jail, albeit not for as long as some intemperate Alberta politicians demand.

But now that the Federal Court of Appeal has overturned the federal cabinet order allowing construction of the now-federalized TMX to proceed immediately -- the rule of law in action, whether you like the ruling or not -- where are the cries for the application of this fundamental part of our democratic system? The cries are there, you simply dont hear anything that doesnt conform to your zealotry.q

There's plenty of noise, but not a peep about the rule of law.

Where we used to hear that thanks to the rule of law we were all going directly to heaven, we are now being told that because of the rule of law we are all going direct the other way!

As a result, we are now experiencing a full-blown elite tantrum in response to the court's unanimous decision in Tsleil-Waututh Nation v. Canada, an appeal by a coalition of First Nations governments, coastal municipalities and environmental groups of the 2016 federal cabinet order authorizing the multi-billion-dollar expansion of the pipeline to proceed.

Some of the nonsense being said and written is pretty breathtaking....

And irony-challenged.

I'm pleased in your faith in the rule of law. Stay tuned while the rule of law sets precidents for present and future projects to follow. With every Decision, the parameters of 'consult' are further defined until a template for 'consult' that passes legal scrutiny will be designed. In spite of government, not because of it.

Government is very leery of any precident incurred in 'consult' leading to a duty of care which will limit political manoevring room, if not constitutional room. This is the reason they refuse to submit to trusting, respectful nation-to-nation consultation. This Decision has forced them to quit weaseling and face either the duty to consult or gridlock in attempting to move their agenda forward. Gridlock leading to a failing econmomy and unpalatable political consequences as the chickens come home to roost.

No blaming Steve for this one, its all on the village idiot.

Tue, 2018-09-11 20:26

#81

epaulo13

Tue, 2018-09-18 19:51

#82

epaulo13

..from an email

quote:

Have you heard the great news? On Monday, the BC Court of Appeal granted an injunction to stop Taseko Mines Ltd. from conducting any exploratory works at Teztan Biny (Fish Lake) and surrounding area.
This reprieve came literally at the 11th hour. After the federal government lost its injunction application earlier this summer, Taseko was firing up its engines to start excavating at this sacred lake that the Tsilhqot’in have fought to protect for a decade.

What the Tsilhqot’in have had to go through with this mine is frankly Kafkaesque. The drilling permit was issued as a ‘goodbye’ present to Taseko by the outgoing BC Liberal government. Not only is Taseko tying up the Tsilhqot’in in ongoing appeals, trying to overturn the federal rejection, it is also aggressively pursuing an “exploratory” drilling program after the mine had already been rejected by the feds.

Tue, 2018-09-18 22:09

#83

Martin N.

That is good news because Taseko is the posterboy for sleazy tactics and refusing to bargain in good faith.

Court Quashes Approval of Trans Mountain Pipeline

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