FELDSTED: Why would our Prime Minister undermine negotiations before they happen? … what emerges is a government in disarray

Liberals won’t appeal Trans Mountain ruling, name former justice to oversee new Indigenous consultations
~~ Amanda Connolly  ~~  Global News  ~~  October 3, 2018

The Liberals will not appeal a court ruling that found they failed to adequately consult with Indigenous stakeholders on the Trans Mountain pipeline expansion.  Natural Resources Minister Amarjeet Sohi made the announcement Wednesday morning in Ottawa.

Speaking to reporters, Sohi said the government will redo consultations with all 117 Indigenous groups affected by the project.  Former Supreme Court justice Frank Iacobucci has also been appointed to oversee these new consultations.

In August, a Federal Court ruling hit the brakes on the Trans Mountain expansion project, which will triple the capacity of an existing pipeline to carry crude oil to the BC coast.  That ruling flagged two major issues with the project: first, that the initial approval by the National Energy Board was fundamentally flawed for not considering the impact of the expansion and increased tanker traffic on marine ecosystems and second, that the current Liberal government failed in its duty to consult adequately during the latest Phase 3 round of talks with Indigenous communities.

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The flaw in pipeline assessment is regulations that requires upstream, and downstream, assessment of product moved in a pipeline. That is ridiculous overkill and rationally unsupportable.

Upstream are production facilities; those producers who pull up raw product from the ground. All of them are separately assessed and face regulations on their operation designed to minimize carbon emissions.

Downstream are the operations that will use products moved by pipelines, again regulated by governments respecting carbon emissions if resident in Canada. If the operation is in a foreign country, downstream assessment is ridiculous.

If we are competing in an open market, we cannot refuse to export to a given nation because it is not on the climate change reduction plan. Under that thinking, we cannot export to the USA as it has withdrawn from the Paris accord.

It takes a wondrous flight of fancy to decide that the National Energy Board (NEB) must consider how the Trans Mountain pipeline project will influence tanker traffic, and the whale population, on west cost. Protection of marine species is under the Natural Resources and Oceans and Fisheries departments. That is already regulated.  Furthermore, tanker traffic along with huge container ships and ocean liners, are regulated as all have substantial stores of motive fuel and lubricants that can result in damaging spills.

Protection of coastal waters against accidental spills employs known technology.  The higher the risk, the more need for adequate equipment and crews trained to deal with containing and cleaning up a spill.  Whether that spill originated from an overturned rail car, a barge which has run aground, a boat or ship hitting a reef or the shore -- action is required. That role is usually carried out by the Coast Guard with assistance from specialist private contractors.

The article above is disconcerting:

“Where possible, the government will try to offer accommodations to indigenous communities to relieve their concerns.  But if groups remain opposed after the government has fulfilled its consultation requirements, it will still go forward.”

Why would Prime Minister Justin Trudeau undermine negotiations before they happen? That is not good faith dealing, that will advance reconciliation. The well is poisoned before the first water is drawn.  

 

What emerges is a government in disarray ... having several departments and agencies tripping over one another is inane. 

Concerns dealing with marine species, and ocean traffic, are dealt with by appropriate departments. Allow them to fulfill their mandates without interference from the National Energy Board.

Too many cooks produce an inedible stew.

John Feldsted

Political Consultant & Strategist

Winnipeg, Manitoba