CORY'S RANT: Wondering if the courts will succeed in maintaining regional sovereignty
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Summary
The Alberta Court of Appeal has struck down the Trudeau government's No More Pipelines Bill, making it illegal to build new oil and gas pipelines in Alberta and Saskatchewan. It's a victory for the West, and a setback for the Trudeau Liberals.
Transcript
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We're failing in every other attempt to stop federal incursions on provincial jurisdiction.
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Maybe the courts will actually do it on our behalf, but it's an unfortunate way to go,
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and to be honest, I doubt it'll happen. But all the same, Premier Jason Kenney has needed a break
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lately, and yesterday he got one. The ruling by the Alberta Court of Appeals declared the
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Liberals' No More Pipelines bill unconstitutional. And it's really the first major victory against
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Ottawa incursions upon provincial jurisdiction in Kenney's entire tenure as Premier, though
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that was much of what he campaigned on to get in in the first place.
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Now, with the cutoff for voting in the UCP Leadership Review landing today, the ruling won't make
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much difference in Kenney's political fate next week. But I'm sure he was relieved to at least
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be able to crow about a victory for a change this week as they start chewing their fingernails
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to find out how UCP members are going to vote next week. C-69, for those who aren't as familiar
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with it as I've labeled it, the No More Pipelines bill, was imposed upon Canada back in 2019.
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It was a bill modeled to essentially regulate any new, large, proposed energy infrastructure
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projects to death. It applies to other projects such as mining and that as well, but their target
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was definitely the oil and gas of the West. The Trudeau Liberals are anti-energy ideologues,
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and they're cowards. I mean, at least, you know, rather than accepting their ideology and overtly
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banning oil and gas projects, they craft legislation that makes it impossible to get any new ones done.
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That way they can talk out of both sides of their mouths. They can claim to support Western
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resource development with the smug knowledge that no projects will ever be approved under
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their legislation. The bill called for considerations of social environmental issues
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that may be caused downstream with the projects. Like, that's such an abstract demand. It can and
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would be interpreted in ways that would be impossible to counter. It's just that sort of
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demand that killed Energy East. The pipeline owner was expected to be responsible for impacts caused by
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the end user of the product. Theoretically, a producer has to be held accountable for the impact of a
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person filling their car with gas derived from Canadian products, even if they're on the other
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side of the planet. It's ridiculous, but that's what they're sort of demanding with these things.
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So the West fought C-69 with everything we had. We lobbied MPs and senators. We held rallies. We
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launched petitions. There was even going to be a truck convoy, but that sort of fell apart with the
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Yellow Vesters. It didn't mean a damn thing. Liberal-appointed senators towed the line, and the bill was
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rammed through Parliament. With the arbitrary powers to approve or decline projects, the federal government
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immediately, of course, was chilling investment in energy infrastructure across Canada, particularly
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in the West. I mean, look how they use it. Just look how Gil Boal recently approved an oil project
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in Newfoundland, while at the same time banning an expansion of an oil sign project in Alberta.
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It's no wonder a few people are willing to invest in Western Canadian projects despite record high oil
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prices. The investor never knows when the rug is going to be pulled out from under their project.
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This power walks all over provincial jurisdiction and takes the ability to develop resources for export out of
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the hands of the provinces unless they have federal approval. As for the judges, this is their quotes.
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If upheld, the legislation would permanently alter the division of powers and forever place provincial
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governments in an economic chokehold controlled by the federal government. That's what the five
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justice panel wrote, the majority of them anyways, four out of five. The legislation the justices wrote
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takes a wrecking ball to the constitutional rights of Alberta. Like, this is not minor language here,
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guys, and Saskatchewan, and their rights to develop their own resources. And here's another quote from
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them. To deprive Alberta and Saskatchewan, which together have the vast majority of oil and gas
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reserves in the country, of their constitutional right to exploit these natural resources, especially
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while the federal government continues to permit the import of hundreds of millions of barrels of
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oil into Canada from other countries, is to reintroduce the very discrimination both provinces understood
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had ended, if not 1930, and certainly by 1982. The language was pretty darn clear from the Alberta
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Court of Appeals. Unfortunately, and predictably, Trudeau, abetted by his extreme environment minister,
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is declaring that he'll take this to the Supreme Court. Trudeau actually took the moment to blame
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Harper for the problems getting projects approved in Canada. I mean, the gall of that little man has
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just no end. So, what are the odds that Alberta's challenge to C-69 will win in the federal Supreme
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Court? I'd say slim to none. The court is dominated by eastern justices who were appointed by prime
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ministers. If we're ever going to be hoped to be protected from unconstitutional actions of the
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federal government, it would have to be with the Senate, and that's proven to be a joke. So, I mean, as with
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past judicial rulings on jurisdictional issues, the Supreme Court will likely, might even acknowledge the
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bill does violate the Constitution, but we should overlook that for the sake of the national interest. I doubt
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we'll see investment in western resources spiking in light of our recent ruling. So, what good news
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is there to be seen here? Well, seeing Trudeau pissed off is an immaterial benefit of the ruling.
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He would have been thrilled had the Alberta Court put the issue to rest, and he was disappointed. So,
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that's a fleeting and small benefit. The upside is that we'll see a jurisdictional issue go to the
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highest court of the land, and it's going to rule in favor of the federal government. Why do I say it's
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an upside? Is every time such an event happens, more western Canadians realize how broken the system is,
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and how stacked it is against them. Support for western independence. It has its ebbs and flows.
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Every time an event inflames the west, though, more dedicated permanent supporters of independence are
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created. We aren't at a tipping point of broad support for western independence yet, but government
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actions are determined to bring us all there. Not enough westerners are ready to go yet, but we'll get
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there as we continue to smack our heads against the legislative wall and confederation. So, in looking at the
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long game, yesterday's court ruling was a victory, as will the pending federal court ruling that will
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probably shoot it down. We need these clashes to make it clear we're not going to be treated fairly
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in confederation as it's currently set up. Then we'll finally start pursuing the only means we have
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left to bring about positive change, and that's going to be through independence movements. So,
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keep up the good work, Justin. You're moving us along the path I've wanted to for quite some time.