Enbridge Faces New Hurdle In Supreme Court Ruling
Two factions were at play earlier this week: the federal government and its effort to get the Enbridge pipeline built, and the Supreme Court which has now said the feds can overrule the land claims if a project is in the interest of all Canadians .
The Supreme Court may have given the federal government a slight crack under the door, but has all but sealed shut any effort to push the project through.
If Enbridge thought that the stakes were high, they are now even higher. Though buoyed by the announcement from the federal government that they had the green light on the project, the Supreme Court ruling simply adds new ammunition to the fierce opposition of the First Nations along the proposed route of the pipeline.
This argument between Enbridge, the federal government and First Nations is not about money and so to simply bring along a stack of cash to each reserve with a view to buying off the inhabitants just isn't going to work.
There have been times in the past, and no doubt future, where the thrust of the bands in a specific area will settle for money in order to appease their interests. Not so with Enbridge, and Enbridge's claim that they have most of the bands on side over the proposed route, simply doesn't wash.
The Carrier Sekani, over whose territory much of the pipeline will cross, are adamant that the line will not go through, and they are not talking money as a means of being swayed.
So while the Federal government got its decision out recently putting a stamp of approval on the project, the Supreme Court has settled the issue from a legal point.
In that regard, we know who the winner will be.
I'm Meisner and that's one man's opinion.
Comments
The feds have made it very clear that they “think” this project is in the national interest. So I don’t see how this ruling changes anything; eminent domain still exists and seems very likely the type of tool they would use here.
We must not rest on our laurels here and expect the fist nation groups to take care of this for us, the tawdry nature of that attitude is unbelievably despicable given our history with first nation groups. This is a time for us to come together as a united force to stop this insanity.
First Nation groups may very well rejoice in the Supreme Court’s decision, but they will very quickly find that without ownership of, and access to, financial credit, the ‘ownership’ entailed in ‘Aborigional Title’ will simply be a license to remain in perpetual poverty. When this is realised, and likely it won’t take long, the present opposition to the pipeline crossing ‘their’ lands will turn into a contest amongst the various ‘Nations’ to get it to cross ‘their’ lands.
Nothing changes with Enbridge. The feds have the ability to push through the pipeline if it sees fit.
Even without it, I agree that there will be first nations somewhere out there who want the cash and will allow pipelines etc.
My big hope with this ruling is that hopefully more than a couple of chiefs and administrators share in the wealth.
” the Supreme Court which has now said the feds can overrule the land claims if a project is in the interest of all Canadians .”
Well that’s the kicker isn’t it! All Canadians mean BC too yes? Well BC doesn’t want it so it doesn’t go through!
A strong ruling that no doubt increases First Nation legal rights. The problem as I see it is the FIPA agreement Harper signed with China…. FIPA has provisions for the Chinese government to sue the Canadian taxpayer in Chinese courts if our governments or even our Supreme Court makes any rulings that are detrimental to a Chinese investment…. Essentially Harpers vision of ‘enlightened sovereignty’… Pre made with Northern Gateway in mind.
So yes First Nations now have the legal means to stop Northern Gateway, but Norther Gateway via Harpers FIPA deal now have a no risk financially to push this as far as they can….
“This argument between Enbridge, the Federal government and First Nations is not about money and so to simply bring along a stack of cash to each reserve with a view to buying off the inhabitants just isn’t going to work.”
Betcha it does
“The Carrier- Sekani , ove whose territory much of the pipeliine will cross, are adamant that the line will not go through, and they are not talking money as a means of being swayed.”
Yet…
I’m neither a lawyer nor a pick up truck salesman. How will I profit?
It would be nice if the governments listened to us.. But they don’t.. We are just open wallets to them. It will go through as all the gov sees is money money money.
You won’t, Harb. Unless the BC government has enough brains to put a tax on every barrel of oil going through that pipeline, and uses the money collected to rebate BC citizens on the price we pay at the pump. Lower gasoline prices, to us, would profit us greatly. Instead of that, when the construction starts, the price of gasoline and everything else is going to increase from the effects of inflation.
A few decades ago some dimwit brainwashed me with the phrase, “Inflation is caused by excessive wage demands.” I can’t seem to unprogram that out of my mind.
It would seem to me right now the provincial government has sat down and said “s**t” how many billions is this going to cost? We have to redo our budget. I wouldn’t be surprised if they pull their offer to the teacher’s off the table now that they’ve learned another government entity may have title over the resources they were counting on to provide the taxes to pay for the government services. What happens if a band doesn’t want development at all. What if they’re happy hunting and fishing and can’t be bought for any price? And how can anyone even make a business decision on anything that might even remotely be considered aboriginal land. Seems to me we’ve got some new landlord’s in town, and I hope they take better care of the property than the previous ones did – I just hope they’re willing to feed and cloth us.
I think the perceived ’cause’ of inflation is kind of like the, “Which came first, the chicken or the egg? ” argument.
Do the wages rise excessively first, pushing up prices?
Or does an excessive rise in prices lead to a demand for more wages?
It could be argued forever. Or whether either really is the ’cause’, or just the ongoing ‘effects’ once inflation gets going.
Whichever, the overall rate prices rise always seems to be more than the overall rate that wages do. But when they both go up everyone that gets a raise or to charge higher prices gets to feel good, for awhile, working with bigger figures.
And the rise in debt bridges an ever wider gap between the two. While it can.
The ruling doesn’t solve anything. FN still don’t have veto power over this project and also have to prove in some way that the land is ‘their’ territory, which will be hard, since many tribes were nomadic.
No, this just perpetuates the uncertainty, leaves a lot of questions unanswered, and the lawyers laugh all the way to the bank.
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