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Wed, 2012-10-31 15:52Carol Linnitt
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Rush to Ratify: FIPA May Violate Constitutional Protection of First Nations Rights

The Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) may be ratified as soon as tomorrow, November 1. This despite a massive demonstration of Canadian opposition to the investment trade deal that will lock the federal government into a dangerously undemocratic agreement with China and Chinese investors for 31 years

The proposed agreement, signed by Stephen Harper in Russia on September 9 and kept secret until September 26, is being strong-armed through the house of commons after the required 21-day session in Parliament. Political action and environmental groups, opposition party leaders and experts in the field of international trade law are urging the Harper government to reconsider the agreement's immediate ratification, demanding an open parliamentary debate before the trade deal's future is decided.
 
So far all requests to throw out the deal, host a national debate, investigate the deal in emergency Parliamentary discussions, or indefinitely delay the deal's ratification, have gone unheeded by the Harper government.
 
Under FIPA the federal government is obliged to protect investor rights and profits, even to compensate for lost profits. That means when it comes to disputes involving Chinese investors, like the one over the future of Enbridge's Northern Gateway Pipeline, the Canadian government will have a duty to protect investor profits and not necessarily the jurisdictional rights of the British Columbian government, people or First Nations. 
Tue, 2012-10-30 13:39Carol Linnitt
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Supertankers, Earthquakes, and Tsunamis, Oh My: Enbridge Has No Spill-Response Plan for Northern Gateway Pipeline

Earlier this month British Columbians were surprised to hear that Enbridge, the main proponent of the proposed Northern Gateway Pipeline, was unable to explain how the company's world-class spill prevention and clean up practices were either world-class or preventative.

At a public hearing in Prince George, Enbridge failed to instill confidence in the audience, admitting the company had no land-based spill prevention plan at all. During cross-examination the company admitted they will not have a spill-response plan until six months before the proposed pipeline would begin operation.

The company was unable to explain how they would respond to land-based spills from a pipeline designed to cover 1,172 km, crossing more than 770 of British Columbia's pristine watercourses. 
 
BC Environment Minister Terry Lake said “the responses that Enbridge/Northern Gateway representatives are giving our legal counsel are long on promises, but short on solid evidence and action to date,” adding, “the company needs to show British Columbians that they have practical solutions to the environmental risks and concerns that have been raised. So far, they have not done that.”
 
Enbridge will be cross-examined regarding maritime spill prevention in Prince Rupert on November 22, less than one month after the town was on high emergency alert after the second largest earthquake in Canada's history threatened coastal towns with tsunami warnings. The 7.7 magnitude quake put the entire Pacific Northwest on tusnami alert, with late-night sirens prompting regional evacuations from Alaska to Hawaii.
Mon, 2012-10-29 12:25Carol Linnitt
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Conference Board of Canada: Economic Benefits of Tar Sands Hinge On Climate Inaction

By 2035 operators in Alberta's tar sands expect to produce 5 million barrels of the world's most environmentally dirty and energy intensive oil per day. Current daily production hovers around 2 million barrels. According to a recent Conference Board of Canada report, projected expansion of the tar sands will require roughly $364 billion in investment over the next 25 years and will create significant economic benefits for both Canada and the US.

However, the report, commissioned by the Canadian federal and Alberta provincial governments, acknowledges that the economic benefits of oil production in the tar sands hinges on continued global climate inaction.
 
Based on the 'New Policies Scenario' from the International Energy Agency (IEA), the Conference Board report, “Fuel for Thought: The Economic Benefits of Oil Sands Investment for Canada's Regions,” anticipates Canada and other participating countries will not achieve their 2009 Copenhagen Accord goal to keep global warming below 2 degrees Celsius. Projected growth in the tar sands is consistent with at least 3.5 degrees of warming.
Fri, 2012-10-26 05:00Carol Linnitt
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No Herd Left Behind: Federal Caribou Recovery Strategy On "Collision Course with Industry," Leads to Caribou "Zoos"

This post is a part of DeSmog's investigative series: Cry Wolf.

Five years overdue in a legal sense and ten years after caribou were officially listed as 'threatened' according to the Species at Risk Act, the Canadian government has finally released its controversial Recovery Strategy for the Woodland Caribou. The report, originally released in draft form in August 2011, ignited severe public criticism for emphasizing 'predator control' options like a provincial-wide wolf cull in order to artificially support flagging caribou populations in Alberta. 

The wolf cull garnered wide-spread condemnation from the scientific community, environmental organizations and First Nations who said the province's wolves were not the cause of caribou declines. Instead, Alberta's reckless industrial development in caribou habitat was to be blamed for the near-decimation of one of Canada's most iconic species. The caribou famously adorns the Canadian quarter.
 
The new and improved federal recovery strategy seems poised to remedy that, however, with dramatic improvements made to habitat protection and restoration legislation. Under the current strategy, the oil and gas industry, and the government of Alberta must work together to ensure a minimum of 65 per cent of caribou habitat is left undisturbed for the species to survive.

At least 65 per cent of caribou habitat must be left undisturbed for caribou herds to have a 60 per cent chance of being self-sustaining. Government and industry must make immediate arrangements to remediate caribou ranges that currently do not meet that 65 per cent benchmark within the next five years.
 
But the recovery strategy does not outline how Alberta must accomplish that task, leaving the 'immediate' ground work necessary for such accomplishments undefined. And given the rate at which the tar sands are currently experiencing expansion, Simon Dyer of the Pembina Institute described the strategy as “on a collision course with industry.” 
Thu, 2012-10-25 14:56Carol Linnitt
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The Rush to Ratify: BC Rejected International Investment Deal in '98 and Should Do So Again

This past weekend trade investment lawyer, Gus Van Harten, spent his time in his basement, rifling through old files. He knew that somewhere, buried in piles of international investment and legal trade documents, there was the answer to this one nagging question he couldn't shake: hadn't British Columbia already refused an investor-state treaty like the China-Canada Investment Deal once before? And wasn't that rejection because the trade deal was 'unconstitutional?'

And there the answer to his question lay: in a 1998 special legislative report BC published on the OCED's then-proposed Multilateral Agreement on Investment (MAI). In this document, a BC Special Committee outlines why an investor-state mechanism like MAI - which is essentially the same as the proposed China-Canada Investment Deal - is dangerous for provinces determined to protect their jurisdictional rights when it comes to governmental sovereignty, natural resources, First Nations, environmental protection and human and labour rights. 
 
The legislative committee recommended that “when negotiating the MAI or any future investment treaty, the federal government must ensure that the agreement does not apply to matters within provincial jurisdiction, including local government measures, without the express consent of the Legislative Assembly of British Columbia…If the federal government fails to provide for such consent, then the provincial government should explore all means, including legal action, to defend vigorously its own jurisdictional rights and those of local governments to represent the interests of British Columbians.”
 
According to this logic, British Columbians and all of our elected provincial officials should be up in arms over the proposed China deal. 
Thu, 2012-10-25 14:26Carol Linnitt
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BC Coastal First Nations Appeal For Help In Enbridge Pipeline Battle

If there was one message that stirred me during Monday's Defend Our Coast action, it was this: First Nations need you to join the fight to protect British Columbia's forests and coast from tar sands pipeline and tanker threats. 

The message came loud and clear from Coastal First Nations executive director Art Sterritt in his speech delivered to thousands spread out on the lawn of BC's legislature building in Victoria. Addressing the crowd he said, “Ladies and gentlemen, today is all about you. Coastal First Nations and all of the tribes of the interior, we've been stating our opposition for a long time now. But we're so happy that 3000 of you have come out to join with us today, 3000 people. And it's your voices that are important today, not ours. It's your voices that we need to join with us.”

Sterritt asked the crowd, “Who is going to lay down in front of the bulldozers?” To which the crowd resoundingly replied, “We will!”

Monday's Defend Our Coast rally demonstrated the extent to which First Nations and other British Columbians are prepared to stand together to protect the province's right to refuse the Enbridge Northern Gateway Pipeline. The overwhelming emphasis during Monday's event was “the people, united, will never be defeated,” a line sung in unison across the crowded square.

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