The Federal Court of Appeal’s decision to quash the approval of the Trans Mountain pipeline expansion (temporarily, at least) – both because of an inadequately scoped NEB report around marine protection and because the government didn’t properly consult with Indigenous communities – caused no shortage of meltdowns and tantrums over all forms of media – with a dash of triumphalism from the environmentalists and some of those Indigenous communities. All of it, from both sides, is pretty much overreaction, but some of the reactions were ludicrous.
What a total mess Justin Trudeau has made. Canadians are paying, literally, for his utter failure to champion the cleanest, most ethical, environmentally-friendly energy in the world. This has to change. https://t.co/q2FzkgAu79
— Andrew Scheer (@AndrewScheer) August 30, 2018
https://twitter.com/robert_hiltz/status/1035264446376108034
https://twitter.com/robert_hiltz/status/1035267000610824192
There is literally nothing in the FCA judgement which would lead even the most pro-oil person to conclude that their decision would have been different had @JustinTrudeau spouted more tired ethical oil talking points. https://t.co/qGiaBzxTip
— Andrew Leach (@andrew_leach) August 30, 2018
That’s not how the Notwithstanding Clause works. https://t.co/XS949JbJMQ
— Dale Smith (@journo_dale) August 30, 2018
When in federal cabinet, your government changed the legal standard on environmental impact. Budget 2012. https://t.co/9AsL81fQ5q
— Andrew Leach (@andrew_leach) August 30, 2018
You should read the decision. I'd recommend paragraphs 400-410 or so. It talks about legislation your government brought in in 2012, and how the fact that NEB doesn't have regulatory authority doesn't preclude their assessment of risk in national interest determination. https://t.co/OIm8cJzsVO
— Andrew Leach (@andrew_leach) August 30, 2018
The one reaction that was probably most ridiculous and unhelpful was that of Alberta premier Rachel Notley, who in a fit of pique, declared that she was pulling out of the federal climate framework until the pipeline was built, and made a list of nonsensical demands that will do absolutely nothing to get said pipeline built. Appealing it to the SCC? On what grounds (and delaying things another 18 months)? Recalling Parliament? To do what? Hold an angry take-note debate? Yes, this is the federal government’s mess, but none of this actually solves it. What will solve it is to follow the roadmap in the FCA judgment, which means reassessing the marine risks and doing proper consultations with those First Nations on their substantive issues. I get that Notley has to make a show of this, but none of this tantrum is constructive in the slightest, and worse yet, it likely undermines her own environmental agenda.
Alberta is pulling out of the federal climate plan and I've called on the federal government to:
➡take this to the Supreme Court;
➡call an emergency session of Parliament to fix the NEB;
➡fix this mess; and
➡get construction re-started.#ableg #abpoli pic.twitter.com/3p8kjill9C
— Rachel Notley (@RachelNotley) August 31, 2018
It means nothing for the CTax that is in place now. That's provincial. This is about the increase to 50. Provincial cooperation on that is off the table until TMX is built.
— Trevor Tombe (@trevortombe) August 31, 2018
"Without Alberta, (the federal climate) plan isn't worth the paper it's written on." Well, then. #cdnpoli
— Andrew Leach (@andrew_leach) August 31, 2018
I also don't understand what authority would be exercised by an emergency session of Parliament. CEAA/SARA assessments are needed to inform GoC decision – that's not coming from Parliament.
— Andrew Leach (@andrew_leach) August 31, 2018
If I had time machine, I would like to bring 2013-era @RachelNotley to argue before the NEB about whether the TransMountain Expansion project does or does not include the marine portion of the project.
— Andrew Leach (@andrew_leach) August 31, 2018
Meanwhile, Jason Markusoff notes that while the government owns this failure, it’s not as though the opposition has offered a solution that would have worked either. Trevor Tombe walks through the decision and what can be done to fix the problems identified therein, but notes there are costs to delays. Tyler Dawson looks at how the populist outrage over this move can start another round of Western alienation (in which, the actual facts of what’s going on won’t matter, because populism).
Good reads:
- NAFTA talks continued well into the night, with possible concessions on investor-state dispute resolution in order to preserve arbitration.
- Here’s a look at how pharmaceuticals could be an issue in NAFTA talks.
- With the Trans Mountain expansion delayed, the NEB reported that a record number of trains are carrying oil for export.
- The government is considering including the “right to disconnect” into federal labour legislation.
- The Supreme Court of Canada has dismissed leave to appeal in a lawsuit by veterans who want the post-war disability pension restored.
- Alberta’s energy minister is miffed about the incoming clean fuel standards.
- Maxime Bernier’s closest ally in the Conservative party won’t defect with him, and MP Scott Reid goes after Bernier’s supposed “libertarian” credentials.
- Libertarian Party support has grown in previous election cycles, but Bernier rejected an offer to lead, and would rather build a party from the ground up.
- CBC is apologising for its coverage of the allegations around Christine Moore.
- Kevin Carmichael writes both about tempering our expectations for the NAFTA deal, and how yesterday’s GDP data will likely mean more gradual interest rate hikes.
- Paul Wells writes about the bad days that prime ministers have. This was certainly one of them.
- Likewise, Susan Delacourt points out the chastening that Trudeau has received on two of the files he declared the most important to him.
- Jen Gerson brings her righteous anger down on the dairy cartel and the hold they have on politicians in this country.
Odds and ends:
The Liberal parliamentary secretary for natural resources has decided to go back to being a backbencher and focus on her riding, which is very curious.
Her Excellency Julie Payette says she’s learning how be more tactful when it comes to comments around things like climate change and creationism.
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” What will are to follow the roadmap in the FCA judgment, which means reassessing the marine risks and doing proper consultations with those First Nations on their substantive issues.” Sorry, unintelligible.
The upshot of this court ruling is that any decision of the NEB is now subject to court decisions, as are decisions by Cabinet.
No wonder Kinder Morgan was anxious to sell. And others in the energy field. That Bloomberg item you trumpeted yesterday about rebounding FDI also noted that ” [t]here was a net divestment of foreign capital from energy and mining between April and June of C$1.1 billion and the sector has lost a net C$8.6 billion in FDI over the past five quarters”.
Hopefully the amended wording is more clear.
Looks good.
The tantrums were fascinating, but I thought Morneau’s measured/robotic response was indicative of deeper problem.
The Court literally said (paragraph 499): “Meaningful consultation is not intended simply to allow Indigenous peoples “to blow off steam” before the Crown proceeds to do what it always intended to do.” Yet Morneau talked about the Court decision as a speed bump that they will “get past” before asserting that the pipeline will get built. Yet if you aren’t willing to even contemplate that the outcome will change it’s hard to see how a follow-up consultation can be genuine.
And that’s before we get to the implications of including orcas in the assessment, which will likely change the conclusion that the Project is “NOT likely to cause significant adverse environmental effects.”
Listening to Morneau spout exactly the same talking points, I can’t help but wonder if the Liberals aren’t so sure that saying something is true, because their intentions are good, makes it true.
Pabulum talking points are Morneau’s preferred way of speaking (which I mention in my upcoming column on the topic), but I have to also wonder if he was being cautious so as not to move markets.
The problem no one want to talk about is that the opposition, environmentalist and FN refuse to try and help the government move the project forward in favor of other petty political agendas. e..g. CPC is tied to GOP & determine to keep Canada dependent on USA to be the only buyer all our energy products cheap. Block us from world markets and profits… Also, the FN band in BC, that are front and center, are a very wealthy band. They take money from Tides in the USA to pay protestors. Most recently flying them in. Great friend with people like John Baird. Wake up Canada. Your being played for suckers.