‘Shooting Ourselves in the Foot…’

With an Aboriginal Industry constantly taking economic projects to court, the effects of Race Based Law are being felt more and more:

“Canada’s business climate is becoming increasingly uncertain and we see this as a problem.

“Prudent investors look for certainty and stability when they shop their dollars around. If Canada wants to attract the investment it needs to sustain a robust economy, it must present a vastly different picture from the one it’s displaying now.

“If Canada becomes known for a business environment subject to continuing and extended government approval delays, course-changes, {court challenges} and not keeping up its end of the bargain, potential investors will take their business elsewhere, hurting everyone in Canada. 

“The most recent illustration popped up right in our backyard. The Federal Court of Appeal last month overturned the federal government’s approval of the Enbridge ‘Northern Gateway’ pipeline project… The Court found that the federal government had not ‘adequately consulted’ with ‘First Nations’ groups…

Based on previous approval from the federal government, other groups involved had, in good faith, been investing time, energy and money, upholding their commitments and doing their part. Notably, the chief proponent, ‘Enbridge’, the company behind the Northern Gateway project, went through extensive consultations with aboriginal groups…

“This government may elect to blame this failing on its predecessors, the Harper Conservatives, but the uncertainty surrounding another major business venture, the ‘Pacific NorthWest LNG’ project, falls squarely on the current Liberal government.

“In March, the Liberals stated they’d decided to tighten up their environmental review process and wanted more time to review the effects of the LNG terminal, planned for Lelu Island off Prince Rupert.

“Local operator, ‘Progress Energy’, has already cut back its drilling and completions activities as it waits for a decision.

“In late June, the federal government finally agreed to start the clock on another 90-day review period from the date of the latest submission from ‘Pacific NorthWest LNG’. At the end of this latest review, we all hope finally to hear the fate of this project, which is critical to Northern B.C.

“Prudent investors look for certainty and stability when they shop their dollars around. If Canada wants to attract the investment it needs to sustain a robust economy, it must present a vastly different picture from the one it’s displaying now.

“If Canada becomes known for a business environment subject to continuing and extended government approval delays, course-changes, and not keeping up its end of the bargain, potential investors will take their business elsewhere, hurting everyone in Canada. I call on the federal Liberal government to step up and fix this now.”

–‘Uncertain business environment unhealthy for Canada’s future’,
Tim Maryon, ‘Oil Matters’ – Alaska Highway News, JULY 14, 2016
(Tim Maryon is vice-president of sales and business development at Peace Country Petroleum in Fort St. John.)

http://www.alaskahighwaynews.ca/opinion/columnists/maryon-uncertain-business-environment-unhealthy-for-canada-s-future-1.2300975 Treaty8map
One example of the constant lawyer-inspired aboriginal legal harassment of economic projects is ongoing in B.C. Although a federal judge ruled that the consultation with Treaty 8 ‘First Nations’ “was in good faith and extensive”, aboriginals are appealing – as they do with virtually every case that they lose. Although they are supposedly impoverished, there always seems to be money for lawyers:

“A federal court judge will hear an appeal from two ‘First Nations’ impacted by the ‘Site C’ dam in Montreal this September.

“After months of waiting for a trial date, the West Moberly {a ‘nation’ of 274 people} and Prophet River ‘First Nations’ {a ‘nation’ of 264 people} will appear in federal court Sept. 14.

“The Treaty 8 nations are appealing a federal judge’s decision on the project’s impact on constitutionally-protected rights to hunt, fish and trap. The challenge was dismissed by a judge in Vancouver last year…
http://www.firstpeopleslaw.com/database/files/library/Prophet_River_First_Nation_v._British_Columbia_(Environment)_2015_BCSC_1682.pdf

“The court found the Crown corporation’s consultation of Treaty 8 ‘First Nations’

“was in good faith and extensive.”

“West Moberly Chief Roland Willson disagreed, saying his nation was challenging what it saw as “a failure on (the government’s) part” to uphold ‘treaty rights’. 

West Moberly Chief Roland Willson (PHOTO: Alaska Highway News)
West Moberly Chief Roland Willson (PHOTO: Alaska Highway News)

{The Treaty is ‘Treaty 8’, and the wording is quite clear: 

“And Her Majesty the Queen HEREBY AGREES with the said Indians that they shall have right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered as heretofore described, subject to such regulations as may from time to time be made by the Government of the country, acting under the authority of Her Majesty, and saving and excepting such tracts as may be required or taken up from time to time for settlement, mining, lumbering, trading or other purposes.”
https://www.aadnc-aandc.gc.ca/eng/1100100028813/1100100028853

So, there is NO ‘treaty violation’ here. Indeed, this might better be described as legal harassment. Whatever happened to judges who angrily dismissed frivolous lawsuits? Oh, that’s right – lawsuits are never frivolous if filed by the Aboriginal Industry…}

“So far, the courts have come down on the side of BC Hydro… There are four remaining legal challenges against the controversial $8.8 billion project, including the PVLA’s appeal of a lawsuit dismissed by a B.C. Supreme Court judge in July 2015. West Moberly and Prophet River are plaintiffs in the other three legal challenges, while West Moberly has also filed an injunction against federal water permits on the project…”

–‘Montreal court date set for First Nations’ Site C legal challenge’,
Jonny Wakefield, Dawson Creek Mirror, June 23, 2016

http://www.dawsoncreekmirror.ca/regional-news/site-c/montreal-court-date-set-for-first-nations-site-c-legal-challenge-1.2286315
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“We (Treaty 8 ‘First Nations’) currently have three court cases going on. Possibly four, now…”, West Moberly Chief Roland Willson told the ‘Alaska Highway News’… “We say right now that they’re in violation of treaty infringement…”

http://www.alaskahighwaynews.ca/regional-news/site-c/first-nations-challenge-site-c-water-licences-1.2225156 

B.C. supreme-court(600)
“While not pleased with a British Columbia Supreme Court decision that said a frac sand mine proposed for northeast B.C. could not proceed without an environmental assessment, the project proponent is not planning to throw in the towel yet.

“We’re obviously disappointed by the judge’s decision and are examining our appeal options in that respect”,

Cliff LaPrairie, president of ‘Canadian Silica Industries’ (CSI) Inc., told the ‘Bulletin’ late yesterday…

“His comments came just a week after the B.C. court ordered the province’s Environmental Assessment Office, which earlier said the ‘Komie North Mine’ needed no such assessment, to review the matter, ensuring the province complies with B.C. environmental laws and common-law duties to ‘consult and accommodate’ {‘pay off’} ‘First Nations’, in particular the Fort Nelson ‘First Nation’ (FN’FN’) {a ‘nation’ of 500 people}

“Frac sand, a natural material made from high purity sandstone, is used in the hydraulic fracturing process…”

http://www.alaskahighwaynews.ca/regional-news/fort-nelson/fort-nelson-first-nation-feels-vindicated-by-frac-sand-ruling-1.2001372 

ERBLTakingTheEconomyToCourt-BCUpdate600x600
See also:

‘Killing energy projects only hurts ‘First Nations’ {July 11, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/07/11/killing-energy-projects-only-hurts-first-nations/

‘Court kills Northern Gateway pipeline’ {July 2, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/07/03/court-kills-northern-gateway-pipeline/

‘Race-Based Control Of Resources?’ {June 25, 2016}:
https://endracebasedlaw.wordpress.com/2016/06/25/race-based-control-of-resources/

‘What Else Is New?’ {June 21, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/06/21/what-else-is-new/

‘Deconstructing The Aboriginal Industry’ {June 2, 2016}:
https://endracebasedlaw.wordpress.com/2016/06/02/deconstructing-the-aboriginal-industry/

‘Defying Canada’ (Resources ‘Veto’) {May 30, 2016}:
https://endracebasedlaw.wordpress.com/2016/05/30/defying-canada/

‘Imperial Metals bullied by race supremacists May 27 2016’ {May 28, 2016}:
https://endracebasedlaw.wordpress.com/2016/05/28/imperial-metals-bullied-by-race-supremacists-may-27-2016/

‘Making Up Their Own Rules’ (Aboriginal Allies/Pipelines/WP) {May 21, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/05/21/making-up-their-own-rules/

‘Stacking The Deck…’ {May 19, 2016}:
https://endracebasedlawcanadanews.wordpress.com/2016/05/19/stacking-the-deck/

‘Americans Using Aboriginals Against Canada’ {May 18, 2016}: https://endracebasedlawcanadanews.wordpress.com/2016/05/18/americans-using-aboriginals-against-canada/

‘Taking The Economy To Court: B.C. Update’ {February 11, 2016}:
https://endracebasedlaw.wordpress.com/2016/02/11/taking-the-economy-to-court-b-c-update/
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