FELDSTED -- The constitution was deliberately written to prevent any province from blocking public works that benefit other provinces or Canada as a whole
NDP leader
Jagmeet Singh has many valuable attributes, but a knowledge and understanding
of our constitution is not among them. The
federal government is empowered to override the provinces on public works
that cross provincial boundaries but are for the overall benefit of
Canada (such as an oil or gas pipelines).
The
federal government has the power to declare a public work within a province a
federal undertaking ... if it is to the benefit of Canada (such as a
refinery).
The
federal government has an obligation, and control, over railways, roads and
infrastructure that connects Canada to a sea or inland port, or one province
to another (which includes ferries and bridges).
As an
example, the federal government has constitutional authority and an
obligation to build a first-class rail line connecting our transcontinental
rail lines to the Port of Churchill. It cannot sell the rail line, or avoid
its constitutional responsibility. The same goes for highways connecting the
trans-Canada highways to inland ports at the US border.
For decades,
successive federal government have held that portion of the Trans-Canada
highway, built in a province, are to the benefit of the province and must be
cost shared.
That is
nonsense.
The
federal government has a constitutional responsibility to undertake the whole
cost for the benefit of Canada. The cost-sharing scam has delayed vital
improvements to our road links and is inexcusable.
Under
Mr. Singh’s NDP plan, we might have no transcontinental rail or road links. The
constitution was deliberately written to prevent any province from blocking
public works that benefit other provinces or Canada as a whole.
The
current federal government has “sold” the rail line to Churchill without
constitutional authority to do so -- it is avoiding its responsibility.
Upgrading the rail line is an expensive proposition that will not buy votes
in Ontario, Quebec or BC, so the government pretends that it can avoid its
responsibility.
Our
opposition parties have been derelict in not pointing out that the sale is
unconstitutional, and that the federal government cannot avoid its
responsibilities.
The same
is true of federal inaction to block court challenges to building a pipeline.
The government has sat on its hands allowing the courts to decide on how our
nation should be run, rather than undertaking the tasks it was elected to do.
One of
the principles of our legal system is that a plaintiff must show a direct
interest in the subject of an action. If an indigenous band wants to
challenge construction of a pipeline many miles, away from where it resides,
it must show the court that it has a direct link to the work undertaken. A
general supposition that the band is responsible for the environment is
insufficient.
There is
no legal obligation for indigenous people to protect the environment.
The Way
I See It ~~ John Feldsted
Political Commentator, Consultant & Strategist Winnipeg, Manitoba |
Comments
Post a Comment