The Federal Court of Appeal ruled yesterday that of the twelve challengers to the government’s decision to approve the Trans Mountain pipeline a second time, that they would grant leave to hear from six of them, on an expedited basis, and on the very narrow question of whether or not the government has actually complied with the previous FCA ruling, particularly when it comes to the issue of appropriate consultation with Indigenous communities as it pertains to Section 35 of the Constitution. Immediately there was a bunch of wailing and gnashing of teeth that this would be some kind of delay, and others demanded that the government start using magic wands apparently hidden in the text of the constitution (never mind that they don’t actually exist). Worth noting as well – there is no injunction against continued construction, so that will continue to ramp up in the weeks ahead as this expedited hearing gets underway.
I guess I haven't yet been exposed to s.35(5?) which I presume states that somehow the impatience of the resource-owning jurisdiction is a relevant consideration in a case on Canada's duties to First Nations as defined in s.35? https://t.co/Me7xvPxMI8
— Andrew Leach (@andrew_leach) September 4, 2019
This having been all said, there were a number of questions as to why the federal government didn’t file any materials in defence regarding those leave applications in eleven of the twelve files (though, curiously, the Alberta government did even though they’re not the defence). We didn’t get much of an answer – Amarjeet Sohi (who is not the justice minister) saying that they would mount a defence at the right time, but I have to wonder if this was simply about giving the appearance that they weren’t trying to constantly take Indigenous communities to court. Or, they may have simply felt confident that their position was self-evident, that they fulfilled the conditions from the previous FCA ruling and filing something to repeat exactly that wasn’t worth the time or energy because they didn’t think the Court would grant leave on that basis. Either way, it’s not the “rolling over” that certain opposition MPs have railed in the media about because this is a leave application, and not the actual defence.
https://twitter.com/Honickman/status/1169324576960122881
Meanwhile, energy economist Andrew Leach debunks the myths about what is holding back investment in the oilsands, and lays out the four real reasons, which are very different from what industry lobbyists and Jason Kenney are trying to sell to Canadians. Some of the big takeaways are that corporate tax cuts won’t help, and carbon pricing isn’t hurting it, never mind that those are the kinds of things that Kenney is focusing on, and it’s all snake oil – none of it will make investment come flooding back to the sector because the reasons are bigger and more complex.
Good reads:
- Justin Trudeau has appointed Dominic Barton, one of his key economic advisors, as the new ambassador to China.
- Trudeau has said that he will only participate in the two commission debates, and not the three others, despite lambasting Harper over debates last election.
- Here is an explainer of the train tweet slap-and-hairpull fight between Amarjeet Sohi and Jason Kenney.
- Here’s a look at some of the challenges facing women running for election, focusing on issues like nominations and running in winnable ridings.
- Former Liberal candidate Hassan Guillet says the party was aware of his problematic posts and were helping him craft a defence before dropping him.
- Andrew Scheer met with the editorial board of the Toronto Star, and told them he’s all about “young families.”
- After allegations that the New Brunswick NDP candidates crossed to the Greens because of latent racism, Elizabeth May said there is no room for racists in her party.
- Maxime Bernier walked back some of his comments about Greta Thunberg, but didn’t exactly apologise for them.
- Jane Philpott says she will uphold her Liberal pledge to always support abortion access, but says the current furore is intentionally divisive.
- Kevin Carmichael explains the Bank of Canada’s decision to hold interest rates.
- Chantal Hébert takes stock of the NDP’s situation, particularly in Quebec.
- Chris Selley points to the fact that while the errors in the MMIW Inquiry report are bad enough, the shrug after the initial furore around “genocide” is worrying.
- Andrew Coyne marvels at the Brexit debate in Westminster, and that a number of MPs chose principle over party, which is a rarity these days.
- Colby Cosh walks through some of the cherry-picking inherent in the MacKinnon Report, and the inevitable impulses to Klein 2.0.
Odds and ends:
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*Andrew Scheer met with the editorial board of the Toronto Star, and told them he’s all about “young families.”*
Oh, absolutely… He’s all about securing the existence of the Canadian people and a future for old-stock children. A man of Faith, you might say…
Justin Trudeau, for his part, met with Hasan Minhaj and Andrew MacDougall at Macleans was not impressed. See: https://www.macleans.ca/opinion/why-the-liberals-and-netflix-dont-mix