00:09:37.480Former Alberta Premier Jason Kenney to participate in separation debates.
00:09:42.140It says who he's debating down here in the article, but there's no photo of you, which is a shame.
00:09:47.540But it seemed to me like I read the organizations that were putting these events on.
00:09:52.440And to me, it sounded like they might be some big money and possibly even political donors to the political class, the UCP, the Jason Kenneys of the world, right?
00:10:05.240Yeah, I would think so. The other organization is called the Aristotle Society.
00:10:10.460And that's going to be an open event. People can purchase tickets.
00:10:14.660It's going to be, the current venue is the Grand.
00:10:18.060It's an old theater building in downtown Calgary.
00:25:19.980The other thing that's going on, and I've been leading this one, is what's called the Alberta Transition Council. And what the Alberta Transition Council is about is bringing together boring people who are really smart and older and experienced in all of the different areas.
00:25:42.760subject matter experts whether it's monetary policy international trade diplomacy military
00:25:50.780agriculture oil and gas export automotive aviation rail that will put together a white paper
00:26:02.800a white paper that will detail all the transitional steps for alberta after the vote on october 19th
00:26:10.300become independent to implementing independence so how will alberta take over the issuance of
00:26:19.980passports how will alberta maintain border security how will alberta continue to transition
00:26:28.780and provide and carry forward the few functions that the federal government provides today
00:26:35.900because that's an important point right there is that when you somebody i was on a podcast today
00:26:42.060and they had these played reels of people making fun of albertans and me in particular about how0.57
00:26:48.680stupid and ridiculous it is that alberta thinks it could become independent and this one person0.95
00:26:53.280said you know so how are you gonna how are you gonna take over border control and passports1.00
00:27:00.380and military and monetary policy and foreign trade and they made it seem like that was just
00:27:06.940the start of the list actually that's the list you got it right you know maybe one or two more
00:27:12.900things my point is what's remarkable about this situation that alberta faces is um this is not
00:27:21.480like elon musk planning uh the first humans to go to mars that's never been done every single thing
00:27:31.300the few things that the federal government currently does that has an impact on lives
00:27:35.780of albertans are all known they're all being delivered today they've been doing it for decades
00:27:42.180so you're not reinventing the wheel or anything no we're just also we've got two passport offices
00:27:47.960We've got one in Edmonton and one in Calgary.
00:27:50.360Both of them have a passport printing machine, you know, when you need that emergency passport,
00:30:20.060And maybe that's why they had such a high turnout.
00:30:22.420But what are the key differences in law
00:30:25.620that you can see that are different today from then?
00:30:29.8201998 reference decision of the Supreme Court of Canada
00:30:32.980on succession and confirming that it's within our constitutional framework for a province to secede
00:30:41.440and become independent, provided that a clear majority of the voters of the province vote
00:30:46.780on a clear question. And that's what's different. The Supreme Court of Canada laid out that pathway
00:30:52.960in law through a decision of our highest court, which is now binding on everyone in that 1998
00:31:01.980reference case. And the Clarity Act was something that was created after it. The Clarity Act has
00:31:08.320some things in it that are inconsistent or don't quite align with the Supreme Court of Canada
00:31:13.580decision. Just so everybody's clear on the hierarchy, the hierarchy is Supreme Court of
00:31:18.660Canada decision and then Clarity Act. So if there's a conflict, the Supreme Court of Canada
00:31:23.720decision trumps so um anybody who is suggesting that it is not the law of canada that a clear
00:31:34.160that this process exists is just flat out wrong is there any opportunity for the government of
00:31:41.560canada to argue with you about this or to make okay so let's look at this then let's just say
00:31:50.180that you know we got the signatures now we're going to be on the the ballot in october the
00:31:54.720referendum and let's just say that 55 of the people of alberta say i want out oh and by the
00:32:00.180way is there some kind of a uh an id problem with getting signatures out there because i'm seeing
00:32:06.080here where go ahead i can talk about that yeah yeah so first of all if anybody hasn't signed yet
00:32:13.180but did sign the um uh did sign the online petition or commitment pledge with the alberta
00:32:23.100prosperity project online because a lot you know a couple hundred thousand people did uh they need
00:32:28.320to be clear in their minds that wasn't signing the petition you have to sign the petition in person
00:32:32.960before an official canvasser with an official canvasser badge uh and it has to be your ink
00:32:38.920signature so if you saw you went online and committed a year ago or six months ago that
00:32:45.320doesn't you have not signed the petition that's a different that was just a pledge to sign
00:32:49.480but what happens is if you live on a farm or you live on an acreage in rural Alberta you have a
00:32:57.780post office box on your driver's license PO box whatever Elections Alberta put a rule in that
00:33:03.240that's not good enough it hacks it has to be a municipal address so if you live in a city or a
00:33:08.580town and you know you've got your address you know one two three adam street on your driver's
00:33:14.560license you're good to go you just need some id with your with your address on it but if you live
00:33:19.660in a rural area and it says post office box 72 site 9 whatever you need to bring your property
00:33:27.240tax statement a utility bill your insurance papers anything that has your municipal address
00:33:32.980on it as long as your id and then you're good to go to sign so um have we lost a lot of signatures
00:33:39.120because of that keith are there some invalidated because people didn't have their proper address
00:33:44.740there was the the forever canada group the thomas lakasik that had the other petition that
00:33:51.020was this past summer and there was no um there was no identification requirements
00:33:56.660so I could have showed up one place and said yeah I'm John Smith and signed and then I could
00:34:01.760have gone around the corner and said no I'm I'm George Fowler signed again there was no
00:34:07.660identification requirements so they amended the legislation the government did to require
00:34:13.060that the canvasser actually verify the identification that it's written down properly
00:34:20.120and then witness the person signing who presented it so this is a much more rigorous process and
00:34:26.440we're happy about that um uh you know mr lakasik got a bit of a free ride there so um so yeah that's
00:34:34.540the only complexity there but it's not a big problem uh uh there's there's rural albertans
00:34:41.080are a hearty bunch and they'll just uh the next time they're driving to town make sure they grab
00:34:46.460some paperwork and and it's quite comical because some of them show up with like envelopes with 17
00:34:51.740different documents just making sure you're not stopping me from signing this um but uh yeah so
00:34:59.980um but you were going in a direction of basically is this going to be easy and is this going to be
00:35:05.880a cakewalk right so like let me get back to the the question of canada like the government or
00:35:11.560whoever their negotiating team is they could be difficult and try and drag this out for quite some
00:35:16.680time and even try to convince you that you know what i mean this this whole referendum thing i
00:35:21.380mean, I mean, it's only 52% or 51% or 50 plus one or whatever. It's not really binding. Um,
00:35:29.860so why don't you just, you know, like we'll give you a couple of concessions. You just come on
00:35:33.600back in. I mean, they could make this thing theoretically drag out over years, couldn't
00:35:37.780they? Well, they could, but if they do, they'll be miscalculating. Well, you see now we're putting
00:35:44.900it out into the, into the public sphere. Right. And if they do, you're right. This is okay. So,
00:35:50.560so here's here's how it works under the under the Supreme Court of Canada decision 1998 reference
00:35:58.460case it says that if as I've said and I'll be somewhat repetitive on purpose it says that if
00:36:05.080a clear majority of a province vote on a clear question for independence then the the federal
00:36:13.760government the provincial governments and the impacted First Nations so in Alberta the First
00:36:19.980Nations within Treaty 6, 7, and 8, are obligated to enter into good faith negotiations as to the
00:36:27.940terms upon which that province shall cease to be part of Canada and become its own country.
00:36:33.900So they're under a positive legal duty to enter into good faith negotiations.
00:36:38.820Now, there's a lot of concern, which I share, that the federal government will not enter into
00:36:47.740good faith negotiations there's a concern that uh some of the other provinces won't enter into
00:36:54.660good faith negotiations you know this is a divorce let's be candid and uh we've all know of someone
00:37:02.240or have experienced a difficult divorce the war of the roses where the the spouses are not getting
00:37:08.900along they are not doing the right thing yeah so in law we have mechanisms so if you know your buddy
00:37:17.100johnny's going through a nasty divorce and and uh his ex-wife is making demands of him and he says
00:37:23.580well i'm just going to ignore him i'm not doing anything but how's that going to work out for
00:37:27.660johnny right not good so what did the supreme court of canada do what's the supreme court of
00:37:33.460canada recognized that it might be the case that the parties will not enter into good faith
00:37:39.060negotiations so paragraph 155 of the supreme court of canada decision contemplates this and
00:37:46.260And it basically says that if the parties are not engaged in good faith negotiations or they can't resolve the terms, it does not preclude unilateral declaration of independence.
00:38:02.580Now, what the Supreme Court of Canada was thinking there was that would be dependent upon international recognition, right?
00:38:11.320and in the era in which quebec was attempting to become independent uh clinton was one of
00:38:19.600at one point clinton was president i can't remember who the other one was but they were
00:38:23.780unequivocal in expressing strongly that if quebec votes for independence the united states of
00:38:30.740america will not be recognizing them now who is the current president of the united states
00:38:35.960and what do you think his position might be well i think the orange guy would be happy to get the
00:38:41.240oil or some kind of an oil deal plus all those wonderful conservative uh albertans that's for
00:38:47.660sure right yeah when we're and we're to be clear and i can explain in detail why it's we're not
00:38:52.000the 51st state's just not on the table and let's make sure we address that before we're done here
00:38:57.440tonight but um so what's interesting though and profound and also bizarre is that you know when's
00:39:07.960the last time prior to 2025, prior to 2025, when's the last time you've heard a government
00:39:15.100announce that they were going to unilaterally recognize the unilateral declaration of independence
00:39:21.640of a region of another country somewhere else? It's not a very common thing. And then along
00:39:27.780comes September 2025, and Prime Minister Carney, without consulting the House of Commons or
00:39:33.660anything else announces that the government of alberta is recognizing the unilateral declaration
00:39:40.560of independence by the state of palestine he refreshed that international doctrine
00:39:48.760he reinvigorated it he revalidated it he gave it credibility he really pissed off the israelis
00:39:56.100he caused a delay according to senator secretary of state rubio in the peace deal which caused
00:40:02.500those hostages terrifically be held for a longer period of time, Mr. Carney. So when he did that
00:40:10.020shadow, I, my, could you imagine my gasp? Like, I'm like, dude, what did you just do? I mean,
00:40:18.020it was gasp combined with a, yeah, right. So now if, if, if the negotiations fall apart and the
00:40:27.080federal government doesn't come to the table in a good faith negotiation and Alberta decides to
00:40:31.260declare unilateral. And the United States of America, President Trump and Secretary State
00:40:39.480Rubio announced that they're recognizing this unilateral declaration and welcoming Alberta
00:40:46.120into the world of nation states. What's Carney going to do? He just did it for Palestine.
00:40:54.660And Palestine doesn't even have a defined border. We have defined borders for Alberta.0.56
00:40:57.780yeah it's interesting that you say that because i was gonna i was gonna ask that
00:41:02.880i mean back in the revolutionary war when the americans were breaking away from the uk they got
00:41:08.960recognized by france right which gave them instant validation and then they went and negotiated a loan
00:41:15.120so they could get started uh we've had a delegation from alberta go down to the united
00:41:19.840states i think they had some pretty high level meetings not sure exactly who they met with but
00:41:24.660I do know that Secretary of the Treasury Scott Bessent has talked about Alberta's possible
00:41:29.460separation more than once on some pretty high profile news outlets.
00:41:36.240So and also, you know, David Eby, the premier of British Columbia, has called the people
00:41:42.780who went down to initially just, you know, kind of make some ties with the Americans
00:43:13.380And you also know that Argentina's going to do it
00:43:16.940and El Salvador and a number of countries in Europe and in former Eastern Europe and probably
00:43:23.860some of the Middle Eastern countries as well the rough calculation is right out of the gate there's
00:43:29.160at least 20 that are going to be a hard yes so but also who's Alberta how did Alberta form
00:43:38.880Alberta the initial settlers of Alberta after the fur trade period were ranchers and
00:43:46.660cowboys driving cattle up from texas through the great plains into alberta after this huge
00:43:55.400accumulation of cattle that were stuck on the west side of the mississippi after the civil war
00:44:01.360there's all these cattle everywhere so it's this huge it was like this little cattle gold rush
00:44:06.260right and so there's this competition to move up and take over the prairies and they kept pushing
00:44:11.620up. So some of our founding families are American cowboys. You know, that's why you see lots of
00:44:20.400cowboy hats and cowboy boots in Alberta still. And that's why we have the stampede. It's part
00:44:24.820of our culture. That's why they call us Texas North. Our origins are the same. But ever since
00:44:29.880our trade pattern has been North-South, it's not East-West. We're North-South traders. We always
00:44:35.080have been. And we're sitting here beside, on our border to the south, is the largest economy
00:44:43.220in the world. We've watched leaders from countries distant away coming with trinkets and gifts and
00:44:52.600fawning over President Trump to sign deals to get access to that marketplace.
00:44:57.860so we are so ideally positioned we're culturally aligned um we're always been their trading partner
00:45:06.980a key trading partner we don't have this anomaly like ontario does ontario's in a tough spot
00:45:13.300because we have this fiction of the automotive industry and you know trump wants every one of
00:45:19.160those jobs moved back to the u.s yeah there's no reason why every single thing that alberta
00:45:26.120supplies to the united states can only be supplied from alberta right it's not there's this auto
00:45:35.500stuff they can produce the cars in windsor they can produce them in detroit they can't do what
00:45:42.200we do in alberta so we are uniquely positioned to have resilience against their power plays
00:45:48.600um so but let me just back up for a minute so here's what i expect is going to happen
00:45:53.760or here's i shouldn't say what i expect what's going to happen i hope that we achieve a clear
00:45:58.800majority and i hope that the federal government comes to the table in good faith as they're
00:46:03.680legally required to do it's the honorable thing to do uh and be adults in the room and have a
00:46:10.220civil discussion and lay out i know it's not gonna happen man i mean they're gonna be
00:46:16.380they're losing their resource colony they're not gonna like that at all they're gonna try every
00:46:22.580dirty trick in the book man every dirty trick they're gonna they're gonna use everyone in the
00:46:26.980book and then they're gonna invent a whole bunch that aren't even in the book yet 100 yeah totally
00:46:31.400get it agreed that is my starting point but i have to also assume that they'll follow the law
00:46:37.380But what if they don't? And so my view is because the, because the federal government does so few things and most of what they do, they do so poorly anyway, you know, passport office is just a, just a bizarre bureaucratic nightmare experience every time you go to one.
00:46:59.020um so um what what you know we have this white paper that's going to be worked on it's going to
00:47:08.120detail all the transition steps but there's also going to be a process where a term sheet's going
00:47:13.860to be developed it's kind of like the terms of divorce um you know the federal government we
00:47:19.060have five uh national parks in in alberta there's four military bases we can put a value on that
00:47:25.400and say, here's what we're going to pay you for them.
00:47:48.620Here's how much of the Canadian pension plan you owe Albertans.
00:47:52.020because you know on your paycheck there's amount that comes that you worked for that you earned
00:47:56.820goes into the canadian pension plan that's yours you can retire and move to another country you
00:48:02.180still get it it's your money so albertans have a big chunk of that um and we can say here's our
00:48:09.340proposal we can prepare and also we would say here's our proposal for a bilateral trade agreement
00:48:15.940we're going to continue to allow british columbia to ship its goods uh from west to east
00:48:21.760You know, there's two major ports where these huge container ships come in from Asia and they get outloaded onto rail cars, as you've seen driving.
00:48:32.420You know, you've seen the rail lines, the main line going through Winnipeg and it's got all the intermodal on it.
00:48:39.440So a lot of the stuff that you guys buy in your Canadian tire and Walmarts comes on those ships.
00:48:47.400Same with Ontario, Quebec and Eastern.
00:48:49.580so we would allow that trade to flow we would have an expectation of of a reciprocal trade
00:48:58.080arrangement with british columbia that if they want to ship their goods through our province
00:49:02.900or our country now we expect to be able to ship our goods through theirs something we can't do
00:49:08.640today because of the quirks of federalism and the confederation so there would also be a bilateral
00:49:15.180trade agreement with aviation, because Edmonton is headquarters for the largest air traffic
00:49:24.720control airspace ATC center in the world. So every airport has an ATC center, and they have
00:49:33.160different sizes of airspace they cover. The air traffic control center that has the largest
00:49:39.400amount of airspace of any other air traffic control center in any other country in the world
00:49:45.540is located in edmonton so um we would enter into a reciprocal agreement to maintain continuity of
00:49:53.520service and safety through that airspace so we would present this and because it's not that
00:49:59.700complicated and because there's so few things we'll take over the we're gonna shift the border
00:50:05.860guards at the airport and at the border chaos from your payroll to our payroll take us two
00:50:12.020months to get them new uniforms and new business cards replacing the canadian flag with the alberta
00:50:16.520flag it's actually not that complicated there's only so many things to argue on price on especially
00:50:22.780if we don't want all the old antique equipment from the military bases um so we can alberta can
00:50:29.960present that to the federal government and say, we got 60 days. You got 60 days. Let's have a
00:50:36.700meeting in two weeks. You guys can tell us the parts you like and you don't like. You can
00:50:42.760counter propose. Maybe we'll agree to modify the terms. And if they refuse to meet or they engage
00:50:48.140in lawfare or they otherwise don't engage in good faith dealings, as they're obligated to do,
00:50:53.880then we can give them an ultimatum. We can say, okay, 60 days is up. You've got another 30 days.
00:50:59.960Here's our proposal. Accept it. Counter it. Let's have a meeting. Let's be lawful and adult about this. And if they refuse on the 30th day, we can say fine. We're declaring a unilateral declaration of independence. And then work with international partners and countries to firm that up and leave it on the table.
00:51:29.380That's my next question. It's that if there is no recognition after the referendum vote from any country, and I know you've listed a few of them, but most notably the United States, if the states decides, you know what, we don't want to get in the middle of this right now, it's an internal matter.
00:51:46.280We're going to wait until Alberta settles it with Canada before we recognize them.
00:51:51.920If you haven't got that leg to stand on when it comes to negotiations with Canada, it could
00:51:58.180drag on for years, like you say, with the lawfare and all the dirty tricks that you
01:07:12.380Okay, so property rights, even though we don't have them in Canada, I mean, we have the illusion of property rights. But what's been going on in British Columbia has many people alarmed because of these First Nations land claims. And I'm not sure exactly what the federal government did with the lower mainland of British Columbia, but it sounds pretty bad. Was that a new treaty they signed? Or was that just another memo of understanding? Or what exactly was that? Are you aware of that one?
01:07:40.260Oh, yeah. What a mess. What an absolute mess. So I saw this problem forming way back when I was in law school in the early 90s. And there was the Calder decision, I think, from 87, around that time period.
01:08:01.900And I saw this sort of sequence starting of decisions from the courts, recognizing and increasing First Nations rights and Aboriginal rights, Indigenous rights that keep changing the phraseology.
01:08:16.840And then we got to the point where they came up with this idea of Aboriginal title.
01:10:16.800And 130% of British Columbia is subject to Aboriginal title claims.
01:10:27.120And the reason it's 130% is that some areas, like the lower mainland, are stacked.
01:10:36.160You got one First Nation claiming, you got another First Nation claiming, and the other is, no, no, it's not yours, it's ours, right?
01:10:41.640And that's what the Cowichan decision was about, was an area of Richmond.
01:10:45.620And you had two different, or maybe even three, but two for sure, First Nations saying, this is our Aboriginal traditional territory, and we're claiming Aboriginal title.
01:10:56.400And so, first of all, can you see how this is not a problem for Alberta?
01:11:01.540Because we're all subject to treaties.0.98
01:11:04.140Like, Alberta is so uniquely positioned to make this independence move because we got our shit together.
01:11:09.140but let me let me ask let me ask you something here and this is something called the constitutional0.94
01:11:16.120living tree doctrine which it seems that the supreme court of canada has adopted and they
01:11:21.980started doing this in i guess the late 1990s where if let's say a first nations tries to make a land
01:11:31.340claim in elbert and they they can't because there's a treaty in place as you say the supreme
01:11:38.360Court will say, well, you want to know what? Because whatever Indian band didn't have a
01:11:44.580written language, they don't have their own contract and they didn't really know what they
01:11:50.760were signing. And we have all of these indigenous stories that have passed down from generation to
01:11:56.040generation to generation that say that, no, we didn't give up this land or we didn't know we
01:12:01.420were giving up this land. And they're actually using that for decisions with the Supreme Court,
01:12:07.140which could negate these treaties altogether.
01:12:09.780At least that's my understanding of it.
01:12:28.740But let's talk about something that's certain,
01:12:31.400which is almost all of British Columbia has no treaty.
01:12:37.140So that's not in dispute. No one's suggesting that there's a treaty that someone signed and didn't agree to. There isn't a treaty. There's certain treaties. There's the Douglas Treaty that covers the area of Victoria and Saanich. There's a couple of other minor ones.
01:12:51.160So let's go back to Cowichan for a minute. So Cowichan comes along, the decision, the court last year, and the court rules that the Cowichan tribe from over by Lake Cowichan on the island would come across in canoes or whatever, whatever they call them, and go up the Fraser River and set up a fishing camp by where Richmond is.
01:13:15.300and they were able to demonstrate that they had a better claim to it than another competing
01:13:22.020first nation and the court did some spectacular things the court declared that they had aboriginal
01:13:27.520title the court declared that the the land titles that the businesses the distribution centers the
01:13:36.420canadian tire warehouse the golf course the greenhouses and all of the homes people homeowners
01:13:42.760Those land titles that say British Columbia land title, John Smith, X address something way Richmond, are invalid, and the aboriginal title that the court announced that the Cowichan tribe had over that land trumps is better right.
01:14:03.000It's a superior right in property.0.90
01:14:05.200They took property rights and turned them on their head and flushed them down the toilet.
01:14:10.560So that meant that every other part of the province, if and so all of Kamloops and the surrounding areas is actively before the courts and the First Nations there is claiming title to every single house, every single business, every single street, every single park in the Kamloops area, including the city.
01:14:34.700if the court rules that they have aboriginal title all of those people's title is invalid
01:14:42.060unenforceable and meaningless right yep um so it's tectonic there's other lawyers are writing
01:14:50.960about this there's other lawyers who are going on podcasts tom isaac and others and calmly
01:14:56.720pleading with people to understand the seriousness of this situation and they're already now seeing
01:15:03.140a devaluation of property. They're seeing investment leave. So again, though, contrast
01:15:10.460that situation. And then they just released, and I'm drawing a mental blank, it's been a long day,
01:15:15.260but what's the decision they just announced or the agreement they just announced covering the
01:15:20.680lower mainland, West Vancouver, North Vancouver? Anyway, it's just on the tip of my tongue.
01:15:27.440There's an agreement announced three weeks ago by the federal government that they'd reached an
01:15:32.160agreement with uh first nations covering all of vancouver like the city of vancouver north
01:15:38.240vancouver west vancouver deep cove part of burnaby and so on stanley park and everybody's like even
01:15:46.100premier eb was floored by it he said we weren't consulted um and they declared musqueam thank you
01:15:54.180sorry it was on the tip of my tongue musqueam so it's a bad situation there but again contrast
01:16:00.800that with Alberta. We have treaties, Treaty 6, 7, and 8. The first page of those treaties say,
01:16:09.660we, the First Nations of this region, of this treaty territory, have defined on a map from this
01:16:15.900river to that mountain to this border. Hereby, cede, surrender, give up, assign, transfer to the
01:16:23.060crown all of our rights in the land, okay? And we have obligations to them, and they must be
01:16:29.580honored under the treaties. So Alberta, and there's another spot. This is my favorite one.
01:16:36.480There is a place in Ontario where it's unseated and the Algonquins are claiming it. They're
01:16:45.640claiming they have Aboriginal title and it's all of downtown Ottawa, including the parliament
01:16:51.080bloc and the prime minister's office and the governor generals and the Supreme Court of
01:16:56.540canada building and all of the suburbs and into quebec and throughout so a big chunk of the ottawa
01:17:03.360region is all currently with an active land claim by first nations in ontario claiming that they
01:17:11.300have aboriginal title and i posed to my lawyer friends i've said you know if cowichan gets to
01:17:18.780the supreme court of canada or the algonquin claim to ottawa gets to the supreme court of canada
01:17:26.200aren't all the supreme court of canada justice is going to have to recuse themselves
01:17:30.940because they're essentially going to be ruling on whether or not they have title to their home
01:17:35.220because they all live there right this is how absurd canada has become it's just so nonsensical
01:17:42.300so there is no country right well a market economy you know i'm a property rights proponent john
01:17:51.040Locke, all of these other economic and political philosophers, we have a market economy. And
01:18:00.220market economies are premised on property rights. You cannot have a market economy. You can't have
01:18:06.400capitalism. You can't have these systems that have been proven to work better than any other system
01:18:12.800in terms of equalizing and maximizing wealth and prosperity without property rights. They're the
01:18:19.240foundation of it all right don't you think they know that it's columbia though particularly the
01:18:23.840lower mainland because i lived there for six years and uh most of my family uh uh you know
01:18:28.800my siblings and stuff live there um is part of the culture of the lower mainland is pride and
01:18:35.560homeownership people they work for that that's their goal and usually if it's a married couple
01:18:40.620one couple salary one of the couples one of the one of the spouses goes to paying for all the
01:18:48.120stuff for the house because the property values are so high so this has created such controversy
01:18:54.420in british columbia people are normally apolitical or just livid at what they've done and then they
01:19:01.160brought in undrip and converted undrip the united nations declaration on the rights of indigenous
01:19:07.080peoples which is an aspirational document the british columbia government this was just before
01:19:12.520covid if you go back in my twitter feed i was warning about this stuff in 2019 and 2020 um
01:19:19.160uh they brought in they what's called drippa yeah uh which is the provincial implementation
01:19:26.640legislation in british columbia of undrip and then a year later they amended section 8 of their
01:19:32.240interpretation act to make it binding law so that and and i think it's section 3.2 or 32 it's been
01:19:38.980a while since i looked at undrip but it says that first nations have a veto over any land use
01:19:45.700decisions in their territories but where are their territories all of british columbia so
01:19:51.260mining companies started getting approvals for mines and other things and forestry projects
01:19:56.980first nations went to court and said well we joe you know sally bob and pete said yes but joe he
01:20:03.360said no and it's like oh joe said no okay sorry tear up your permit yeah and so all these resource
01:20:10.560companies are like what do we do and so now evie's in a real pickle because he's and this was in the
01:20:16.000media recently in the last couple days he's apparently secretly discussing with first nations
01:20:20.840how to walk back their rights and they don't want to walk back their rights politicians have reached
01:20:26.500out to me and i won't name them i'll keep them anonymous but they've said to me mr wilson you1.00
01:20:30.760what's the solution here and they said well if we get rid of drippa um have we solved the problem
01:20:37.380i said no you've solved your problem of mining and forestry and other land use approvals but you
01:20:42.980haven't solved your property rights problem because cowichan is the result of the living
01:20:48.000tree decisions of the supreme court of canada so you're going to either have to convince the
01:20:54.940get the supreme court of canada reverse that trend good luck maybe or another option is
01:21:02.040you're going to have to convince get ready for this you're gonna have to convince the carny
01:21:05.720liberals to amend section 35 of the constitution to weaken aboriginal rights they're not going to
01:21:14.260do that and then you've got to get seven provinces with more than 50 of the population to trigger the
01:21:19.880amending formula to imagine section 35 and then some of these provincial officials said to me
01:21:26.200well what if we held a referendum and went the independence route and i said well that's an
01:21:32.380option too so canada's a mess man let me ask you this i mean if we're talking about we want to you
01:21:40.500know hold a referendum and declare sovereignty uh if a municipality says it keith right because
01:21:48.020i know saskatchewan as a province there's the saskatchewan prosperity project now and they are
01:21:53.940very keen on on getting the same kind of movement going there as you guys have in alberta and i also
01:22:00.300know that some border municipalities in manitoba and in british columbia are keen to want to join
01:22:07.500this as well is there any kind of formula for moving boundaries of a province or is that within
01:22:15.620provincial jurisdiction or is that federal i mean like i wouldn't even begin to know how that would
01:22:20.340work well the easiest and cleanest is a province because that's what the supreme court of canada
01:22:26.000said um i don't think it's impossible that it could be a region like some people have said the
01:22:32.020peace river block of of you know the the flat part of british columbia that's in the northeast
01:22:39.020because the mountain range goes on an angle um and they're much more culturally aligned they're
01:22:45.120basically an extension of with with our city of Grand Prairie. It would be possible, but it's
01:22:52.140much more complicated. It's not as clean. It's not as already established and laid out. So and
01:23:00.520you know, the other thing is that some provinces don't have even referendum legislation. Alberta's
01:23:05.700had referendum legislation for decades. And then Alberta has for many years, had this citizen
01:23:12.960initiative legislation that allows citizens to register a petition. And if they get enough
01:23:21.980signatures, it forces the Alberta government to hold a referendum. So we have all of the legal
01:23:29.560steps and processes in place. No other province has all of the pieces of machinery, legislative,
01:23:36.020statutory, regulatory machinery in place like Alberta does, and is now you're watching it in
01:23:40.960action. I want to ask you about this living tree ideology or doctrine that the Supreme Court is
01:23:49.000following. This basically turns our Constitution into something the Supreme Court feels needs
01:23:55.920updating from time to time. This is my read on it. And so what's written in the Constitution
01:24:02.300could be antiquated in their opinion and it needs to be updated to the modern times
01:24:09.640and so that's where you know my earlier reference to supreme court judges now saying well um i mean
01:24:17.700because those indian bands back then didn't have a written language we don't really know what their
01:24:22.800feelings were and if they didn't know what they were signing let's hear what you know the
01:24:26.940grandfather of the grandfather of the grandfather had to say he was around witnessing this at the
01:24:31.620time. Whereas that was never considered before. It used to just be what was written on the paper
01:24:38.160is the supreme law of this country. And now the federal government is going to the Supreme Court
01:24:46.200to try and get the notwithstanding clause limited for the use of provinces based on this
01:24:54.480living tree doctrine. It sounds to me like the Supreme Court is getting into the business of
01:25:00.160rewriting the Constitution and making law, not just defining what the law is. Am I wrong?
01:25:07.420Well, that's always a tension, right? That there's always this tension about
01:25:11.440when does a court cross, a judge in a superior court cross the line from interpreting and
01:25:18.760implying the law to making law? When do they cross the line to being jurists, interpreters of law
01:25:26.400to policymakers. So that's always a tension that exists, and it always will, in my view, anyway.
01:25:34.120Whenever I've, I've been asked to talk on this Living Tree thing only a couple of times, but
01:25:39.260it's not like when I'm writing a brief to the court or making an oral argument that I say, you
01:25:44.660know, my lords, I want to invoke the Living Tree Doctrine. That's not how it works. What happens
01:25:50.220is you're always presenting a fax to the court saying this is the case before you.
01:25:56.880And here's how we think the law should be applied to it.
01:26:00.700Here's how we think the principles of the charter apply or don't apply.
01:26:05.040Here's how we think the principles of the division of powers or the peace order and
01:26:09.180good government clause or the paramountcy doctrine or the compartmentalized doctrine
01:39:36.700Tied up in the MOU and discussions between the Alberta government and the federal government in Canada.
01:39:42.620And when they come to a solution on emissions issues and industrial carbon tax, CO2 lines, that'll determine whether our producers, my customers, get the green light to produce.
01:39:54.840If my customers get the green light to produce, Enbridge is the largest mover of oil in North America is going to be there.
01:40:00.780So that's your condition, essentially.
01:40:03.520It's remained the same as you might be aware.
01:40:05.500We spent $600 million trying to do this before and had the rug pulled out from under us.
01:40:10.280I think the view has changed these days, but we'll have to see because my investors aren't going to make an investment on a hope and a prayer.
01:42:22.860and the pathway project, which is carbon sequestration,
01:42:26.140And if that ends up costing $10 or $15 or $30 a barrel, and we assume $60 market price, we don't make any money. We're upside down. So until we know whether or not we can make a profit, we're not going to commit to production, and we don't have a discussion to have with you about your pipeline.
01:55:15.260Because it will be this wake-up call, and it'll stop this ideological lunacy, because rather than deciding whether or not they're going to send $40 million to Vietnam for LGBTQ sensitivity training for peasant rice farmers, they'll say, boy, New Brunswick needs a new hospital.
01:55:45.260maybe we're gonna have to find that you know the other thing that i think will happen too
01:55:49.700and let me this is really important and i hope you're okay with me pausing absolutely absolutely
01:55:54.340is alberta's not like leaving leaving we're not bringing in jack hanners and like a big house
01:56:00.720mover and we're gonna like float out into the ocean right up the borderline like be like a0.78
01:56:06.480venice we're still gonna be here and we are going to be the richest country in the world0.99
01:56:13.180and we're going to care about our roots and our heritage and rather than have ottawa engage in
01:56:20.680recklessness the alberta government will have a foreign aid program and our priority will be
01:56:27.120other canadians and if some group comes out of new brunswick and says we really need help for
01:56:33.600our hospital and another group comes out and says no no we want to paint rainbow sidewalks
01:56:40.060we'll say, we'll help you with your hospital. Every time. And the ideologue, as you pointed
01:56:46.520out just a couple of minutes ago, will never change his or her mind based upon anything
01:56:51.480other than the ideology. And that's something that maybe if we can get that to the middle,
01:56:57.480the soft middle third of Albertans who are kind of wishy-washy about all of this,
01:57:02.260and we could pull it over the top. And when the referendum comes around in October,
01:57:07.620we can go ahead and win that thing people need to understand that this leopard is not going to
01:57:13.260change his spots no matter what happens he can sign all the mous in the world another one today
01:57:18.640there's going to be apparently at some point an expansion of the lng plant and kitamat doubling
01:57:24.360in size but it's only an mlu it's never going to provide it provided that the producers who are
01:57:32.000going to drill the wells to produce you know i don't even looked at the details of this but i
01:57:35.700can just show you the math, provided that the oil companies and gas companies that would
01:57:40.620drill the wells to produce the natural gas are going to agree to pay the carbon tax on
01:57:45.480it and are going to agree to the emissions reductions and the caps, which they're going
01:57:51.480to look and go, okay, well, what's the price of a cubic meter of natural gas?
01:57:57.700And how much do we got to send to Ottawa for this carbon tax?
01:58:00.900And what is the cost of achieving this emissions reduction target that no one else does in
01:58:05.460the world um and what is the cost of and we've got to move to net zero because they didn't get
01:58:11.760rid of net zero they just kicked it forward by 10 years it's an impossible achievement there's
01:58:16.580not enough copper there's not enough transformers there's not enough wires there's not enough
01:58:20.800generators there's not enough steel that you know to make all of this equipment to convert everything
01:58:26.300that runs off of uh oil and gas to electricity uh and then they're just going to say well we can't
01:58:32.740You can't drill those wells because there'll be no economics in it, so you're not going to have the gas.
01:58:38.220Meanwhile, Carney can say he's announced these things, but no one's life will get better.
02:03:11.560Years ago, and Tamara Leach has repeated this, me sharing this little vignette from my past at many times of difficulty in her Freedom Convoy journey and her lawfare journey as the others.
02:03:27.640and if any of them are watching right now they all know the story i'm about to tell
02:03:31.500which is many years ago i represented large families uh settler families up in the peace
02:03:38.720river country of our province that were just going through a very difficult time there was
02:03:42.160a rogue oil company and it was open venting toxic gases and the people were all getting sick
02:03:47.520and uh the government held a public inquiry it's the first time the government ever held
02:03:52.320a public inquiry into the health impacts of oil and gas on humans and i was the only lawyer that
02:03:57.300was willing to take them on uh and i did and we were having a big briefing session there was
02:04:03.700lawyers all over the place in this big hearing room and the the day before the night before
02:04:10.040i'm briefing all of these family members multi-generational and one of them said to me
02:04:15.640said mr wilson he said whenever we go to the meetings with the oil companies he's strong
02:04:20.640french accent french canadian he said the oil companies he said the oil company men he said
02:04:27.280they always have binders, lots of big binders.