Once Again, Ottawa Fails the Coast

British Columbia's salt water fishery is controlled out of Ottawa by the Department of Fisheries and Oceans. That's the same bunch that bungled the east coast fishery leading to the severe collapse of the once bountiful cod stocks.

Now DFO is screwing up the west coast, starting with our herring stocks.

Those herring play a vital role in maintaining the upper tiers of our food chain. They're the food stock for baleen whales and our prized salmon. Those salmon, in turn, sustain the resident orca population.  Our salmon are now endangered. So too are those magnificent orcas, who may soon also have to cope with Trudeau's armada of bitumen laden supertankers.

Why then is Mr. Trudeau's DFO still allowing our herring to be pillaged?  Ask Ian McAllister, executive director of Pacific Wild.

Pacific Wild, just a day earlier, had posted a video in which McAllister said, among other things, “We really should be leaving this fish in the water ... This is basis for the food supply of the entire Salish Sea, the basis of our coastal economy, and yet we’re turning this wild herring into fish farm pellets and cat food. This fishery should not ever have been allowed.”

...There is an echo here of the infamous standoffs on logging roads in Haida Gwaii, Clayoquot Sound, the Kootenays, the Stein Valley, the Skagit, pick your spot — and of the enduring faceoffs over tarsands pipelines and mines and dams and fish farms and tanker bans, among other so-called policy “choices” that we leave to the least qualified people in the world, politicians, to adjudicate, based on what they piously claim to be reliable science that supports their even more reliable need to shore up their prospects of re-election with evidence of economic growth and jobs for middle-class Canadians. 

Jonathan Wilkinson, our federal fisheries minister, personifies the Trudeau-era cabinet-minister-as-dittohead. “It’s in the national interest. It’s in the national interest,” they all chant about the orca-killing Trans Mountain Pipeline Expansion project, all evidence to the contrary. In the case of the herring fishery, “We make our decisions based on science,” Minister Wilkinson says reassuringly, if credulously.

And so this year, while all that science-based management has led to the closure of commercial fisheries in four other major areas of the coast — Haida Gwaii, Prince Rupert, the central coast and the west coast of Vancouver Island — the minister took the advice of his boffins and approved the extraction of 21,493 tonnes of herring in the Strait of Georgia. By Pacific Wild’s calculation, that’s 130 million fish. As of Saturday, the seine fleet had successfully killed about half that number; over the weekend, the gillnet fleet was on target to finish the job.

...At some point, you have to wonder how many fisheries scientists can dance on the head of a pin. Rightly or wrongly, Ottawa thinks the fleet can take 130 million fish out of the water without making a dent in the stock’s “long-term” ability to reproduce. Locally, confidence in that decision is low. 

Grant Scott, who chairs Conservancy Hornby Island, says his community first put on a herring festival two years ago as a seasonal celebration of the herring spawn. Within a year it had dawned on them that the festival might better be used to publicize how dire the prospects for herring are. This year, an online petition calling for the fishery to be closed has attracted close to 72,000 signatures and counting.

...To the south of the fleet, another long-term resident and observer of the Salish Sea, Stephen Hume, writes, “If science is so good at predicting abundance, why are 80 per cent of herring sites now closed? 

“We’ve fished stocks to collapse before, amid repeated assurances that the fisheries science shows harvests to be sustainable,” he reminds. “In the 1950s, overfishing of Japan’s herring led to a collapse. In the 1960s, the California sardine fishery collapsed. Herring fisheries in Alaska and B.C. were closed in the 1960s after overfished stocks collapsed. Overfishing destroyed herring stocks off Iceland, Norway and Russia around the same time. In 1972, the overfished Peruvian anchovy fishery collapsed. In 1992, Canada’s Atlantic cod went the way of the herring, sardines and anchovies. Cod stocks that had supported Newfoundland fisheries for 500 years suddenly fell to one percent of what it had been at its maximum biomass.” 

“One common factor in these serial fisheries disasters,” Hume writes, “is that regulators were convinced harvests were sustainable — until they suddenly weren’t.”

... Pacific Wild has produced an analysis — Top Ten Arguments against the Strait of Georgia commercial seine and gill net herring fishery — and, going to some lengths to reference its conclusions to available science, ends up citing DFO on almost every page. Whether that science can be trusted or not is hardly Pacific Wild’s responsibility; whether its interpretation of DFO science can be trusted, is. But one of the failings of our resource management system now, especially after the Harper years but even now in the Trans Mountain era, is that our agencies are so deeply distrusted because they are so deeply conflicted. 

Agencies like DFO and the National Energy Board have tremendous research budgets and their conclusions are backed by authority of law, but they’ve become what environmental lawyer Eugene Kung has referred to as “captured regulators.” They can no longer be trusted to interpret their research in the public interest because of the pressure of private interests: respectively, commercial fishing and fish farm industries, and in the case of the NEB, powerful energy interests.

Why should coastal British Columbians see the federal government as other than a predatory scourge? Instead of protecting our coast and our endangered marine life they unleash their captured regulators, the National Energy Board and DFO, and scream "national interest, national interest" to stifle anyone who stands up to them.

And, before Trudeau's fan club dismiss us as "Trudeau haters" remember this: when Trudeau wanted to fast track his Trans Mountain pipeline, before he actually bought the damned thing, he gathered top officials of all relevant ministries to assess the project. Then, before they submitted their assessments, they were all gathered together in a room and told by Trudeau's envoy those independent evaluations had better support Trans Mountain. And, voila, that's just what they did. That's not just a stacked regulator, that's a stacked PMO and it's stacked against us and our coast.

The Fox and the Hen House - Trudeau Hands Industry the Keys

It's not unfair to say that, when the Trudeau government talks about balancing resource development and the environment you can expect a giant thumb on the scale. When the two interests clash, the environment comes away with the shit end of the stick.

Even by Ottawa standards, Tuesday’s meeting of the House environment committee was a long and rancorous affair. 

Running more than 13 hours when it finally adjourned after midnight, the marathon session was the committee’s fourth and final day to vote on hundreds of proposed amendments to Bill C-69, the Trudeau government’s effort to overhaul Canada’s environmental laws. 

Few are happy with the result, including scientists who say the bill puts too little emphasis on the scientific rigour and independence of impact assessments.

...The omnibus bill includes separate acts on impact assessment, energy regulation and navigable waters, and is intended to replace the controversial rewriting of federal environmental regulations under Stephen Harper in 2012. ...But experts say the weaknesses in the bill mean that it is unlikely to improve impact assessment or strengthen public trust.

Harper environmentalism lives on.

“When you look at the actual legislative language, there’s very little change,” said Martin Olszynski, a lawyer and University of Calgary professor who was among the more than 100 expert witnesses selected to appear before the committee. 

Given that none of those experts were research scientists, Prof. Olszynski opted to focus his ten minutes of testimony on adding language to the bill that would require decision-makers to adhere to principles of scientific integrity. An amendment to that effect was later introduced by Green Party Leader Elizabeth May and passed by the committee.

Yet even that step amounts to a half measure, said Aerin Jacob, an ecologist with the Yellowstone to Yukon Conservation Initiative. Dr. Jacob was among those who sought, unsuccessfully, to speak to the committee in an effort to strengthen the science underpinnings of the bill. 

She said that while all persons involved in carrying out any part of an impact assessment should fall under the scientific-integrity provision, the amendment that the committee actually voted on only includes federal officials. 

“By and large that’s not the problem,” Dr. Jacob said, since the data that support an impact assessment is typically gathered and interpreted not by government scientists but by private consultants paid for by industry proponents. “The problem is that the fox is watching the hen house.” 

Petr Komers, a Calgary-based consultant, agreed that the bill does nothing to help those who are trying to provide a fair reading on the environmental impacts of proposed projects when they know that their clients are looking for a green light. “That makes our job really difficult,” he said. 

Jonathan Wilkinson, parliamentary secretary for the Environment Ministry and a non-voting member of the committee, said that the government had considered but ultimately rejected a more hands-on approach to environmental assessments.  

“The answer that we came to is it’s better for [industry proponents] to do the initial work, but of course government must have the resources and the capacity to effectively assess that work,” he said. “That’s the better way of doing it.”

Kai Chan, a scientist who specializes in environmental policy at the University of British Columbia, said experience suggests otherwise. 

In a paper published in March in Environmental Management, a research journal, Dr. Chan and colleagues examined 10 recent assessments and found that assessors typically underplayed the significance of environmental impacts and sought to rationalize why projects should proceed. Government officials were unlikely to questions their findings, even for controversial assessments such as the Northern Gateway pipeline, which was later cancelled. 

Dr. Chan added that stronger oversight and co-ordination of the assessment process by federal authorities would fix the problem. “It’s really a shame they were so quick to dismiss that,” he said.

Remember that we're talking about the Trudeau government whose own officials were caught out rigging the government assessment of Kinder Morgan's Trans Mountain pipeline.

Speaking on the condition of anonymity with National Observer, [senior federal officials] say a high-ranking public servant [a Harper government holdover, Erin O'Gorman] instructed them, at least one month before the pipeline was approved, “to give cabinet a legally-sound basis to say ‘yes’” to Trans Mountain. These instructions came at a time when the government claimed it was still consulting in good faith with First Nations and had not yet come to a final decision on the pipeline. 

Legal experts interviewed by National Observer say these instructions could be a significant matter reviewed by the courts to determine if the government’s approval of Trans Mountain was valid. 

The government would neither confirm, nor deny that public servants were given these instructions to find a way to approve the project. But it described the allegation as “unsubstantiated” information.

Elizabeth May contends it's not just the National Energy Board that's in the bag for the fossil fuelers. National Resources Canada and Environment Canada are also aboard the petro-train.

“I think NRCAN has become the Department of Oil and Gas and I think Environment Canada was converted under Harper from a public service agency to a corporate concierge service to speed along the approval of oil sands projects,” says [Elizabeth] May.

Nothing quite says "regulatory capture" better than letting the regulated industries provide government with the research and analysis on matters being regulated, especially when the government has its own internal fixers telling senior public servants what they need to report to their bosses.

If this skulduggery was Harper's doing, we'd be tearing him to shreds. But Stepford wife Liberals seem to prefer to look the other way when it's their boy doing the very same thing.

Trans Mountain Thursday - The Rule of Law and Cooperative Federalism - For Some, Just Not For All.

The Tyee again tackles TTM (Trudeau's Trans Mountain pipeline) with two reports. Stepford Liberals, and your ranks are legion, are not going to like this.

Will Horter explores how the "rule of law" is used by the pipeline proponents but only when that serves them. When it gets in their way, it's a different matter, they've never heard of it. And, yes, that goes for the Dauphin - in spades.

I can’t believe I’m writing this, but it appears that our New Age prime minister has embraced the post-truth era quicker than anyone could have imagined. Quite simply, he is imitating U.S. President Donald Trump in his handling of Kinder Morgan: tell a big lie and repeat it frequently. Attack any opponents as anti-prosperity, and their words as “fake news.” Unfortunately for Canadian democracy, the cynical “big lie” propaganda technique is now becoming the go-to-procedure in Ottawa for all things Kinder Morgan.

Building on a few other whoppers — Kinder Morgan will lower gas prices, Canada needs new tar sands pipelines in order to address global warming, Justin Trudeau’s promise to ensure a renewed, nation-to-nation relationship with First Nations — we now discover the biggest lie of all: Trudeau cites the “rule of law” in support of his claim that his government’s Kinder Morgan approval was a science-based decision made after carefully weighing all the evidence. Credible reports based on newly available documents and government staff whistle-blower accounts indicate that Trudeau’s approval of Kinder Morgan was purely political, and worse, “rigged.”

The hypocrisy of the “rule of law” crowd has a long history in British Columbia’s oil tanker and pipeline struggles. Not so many years ago when Stephen Harper was ruling the roost in Ottawa, we began to the hear the “rule of law” touted in support of Enbridge’s proposal to bisect British Columbia with a pipeline to Kitimat, where bitumen would be pumped into oil tankers for export to China. Pro-Enbridge cheerleaders touted the National Energy Board’s recommendation and the Harper cabinet’s approval. “The issue is already decided, they said, “opponents are ‘radicals’ threatening the economy and Canadian democracy.” 

As then, so today. Until the new allegations of NEB rigging surfaced, Kinder Morgan’s promoters often referred to the “rule of law” as their rationale for moving ahead quickly with the Texas company’s controversial oil tanker-pipeline proposal.
But what exactly do they mean? 

The dictionary defines the rule of law as: “the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.” 

Canada is not a dictatorship. Just because some handpicked board rubber-stamps something, or princely Trudeau (or the bully Harper before him) wants something, it doesn’t mean we all have to march in step to make it so.

...The shortcuts and flaws in the NEB review of Kinder Morgan are well known. The Trans Mountain NEB review is haunted by the exclusion of many affected people and groups, the limited terms of reference, the lack of cross-examination to test the evidence Kinder Morgan submitted, the exclusion of relevant evidence (such as scientific studies concluding bitumen sinks if spilled), the expedited hearing schedule and conflicts of interest. 

Even Trudeau and the Liberal Party of Canada (before they came to power) admitted the NEB’s review of Kinder Morgan was fundamentally flawed. Much has been made about then-candidate Trudeau’s statements that Kinder Morgan would not be approved, and the review would be redone if he became prime minister. However, a more damaging statement has been overlooked: the follow-up letter by Anne Gainey, then president of the Liberal Party of Canada, wrote just before the election responding to questions put to Trudeau about his statements. Gainey wrote: “regarding the Liberal Party of Canada’s position on the Kinder Morgan Pipeline. As you are aware, Justin Trudeau and the Liberal Party of Canada have serious concerns with the process surrounding the approval of this pipeline. We cannot support the pipeline in its current form because the Conservatives have not ensured environmental, community or stakeholder consent. We agree with what you, and Canadians across the country, have been saying for a long time: Canada’s environmental assessment process is broken.”

A Rigged Process. Did Trudeau Break the Law?

If Trudeau’s false promises weren’t enough to threaten the legitimacy of the federal Trans Mountain approval process, we are now hearing credible reports — with documents and several government staff whistle-blowers — describing how Trudeau’s government instructed staff to put their thumb on the scale of justice. Reportedly, Erin O’Gorman — the then-associate deputy minister of the major projects management office — was instructed to “find a way to approve Kinder Morgan.” O’Gorman then reportedly told various departments to do just that. In other words, it appears Trudeau betrayed not only his “Sunny Ways” promises, but violated a host of laws by predetermining the Kinder Morgan approval before all the evidence was in, or consultations with affected First Nations were completed.

...Ironically, when all the evidence is in, it is Kinder Morgan’s cheerleaders, not opponents, that actually are undermining the rule of law. Their get-an-approval-by-any-means-necessary approach — by rigging review processes, ignoring conflicts of interest, trying to pre-empt review by courts, generally putting their thumb on the scales of justice, and using “big lie” propaganda techniques — is the real threat to the rule of law.

Christopher Guly discusses how Trudeau invokes "cooperative federalism" when that suits him but only when it suits him. Sort of like the "rule of law" farce.

The one major certainty regarding the fight between the British Columbia government and its Albertan and federal counterparts regarding Kinder Morgan’s $7.4-billion Trans Mountain pipeline expansion project is that the cross-jurisdictional dispute is unprecedented in Canadian history.

...B.C. is challenging Alberta’s Bill 12 in the courts, and has submitted a reference to its own appellate court to determine whether or not it can regulate increases in the flow of diluted bitumen that crosses its borders. Ottawa, as an intervenor in that case, will argue federal authority regarding interprovincial pipelines that serve the national interest — a position Saskatchewan, which also wants to join the BC Court of Appeal reference, supports too.

 B.C. won’t get its answer before the May 31 deadline Kinder Morgan set to receive a federal government assurance that its Trans Mountain project could proceed unimpeded. 

The Federal Court of Appeal has also yet to release a ruling on a case launched by seven Indigenous groups challenging Ottawa’s assertion that it properly consulted First Nations. But a decision could be further delayed after the Tsleil-Waututh Nation filed a motion earlier this month asking the court to order the federal government to release uncensored copies of documents cited in a recent National Observer investigation that revealed bureaucrats were ordered to approve the project.

Last month, Trudeau also promised, but has yet to pursue, “legislative options” to “assert” federal jurisdiction over Trans Mountain. But even if he did and introduced legislation — which at this point could not pass Parliament by month’s end — it would not “foreclose First Nations, British Columbia or anyone else from seeking a judicial review of it,” argues Jason MacLean, a former Wall Street corporate and commercial litigator who teaches environmental law and natural resources law at the University of Saskatchewan in Saskatoon.

But he points out that the political logjam concerning Kinder Morgan’s pipeline is not the only constitutional conundrum facing the federal government. 

The Saskatchewan government intends to file a reference with the province’s top court challenging the constitutionality of the federal carbon tax, and in so doing, is taking an opposite position to the one it will use in the BC appellate court supporting Ottawa’s jurisdiction over the pipeline.

“What is so ironic is that the federal government will defend its carbon tax relying on the doctrine of cooperative federalism, which is how it was designed — to give provinces the ability to tailor the price to their own economies, such as through a tax or a cap-and-trade system,” says MacLean. ...Yet the federal government is trying to jam a pipeline down B.C.’s throat through unilateral federal action. The contradiction couldn’t be more delicious for a law professor. But those disputes will ultimately have to get settled either in the courts or at the ballot box — or both.”

...MacLean says that if a court can rule that Ottawa also has jurisdiction over a mine located within a province’s borders, “it strains the mind to understand how a major oil pipeline project that has ecological, First Nations and climate-change implications is going to be solely within the federal government’s purview.”

Trudeau has done a wonderful job of proving that there's one law for the rest of Canada and another, very different law for British Columbia. He's also done a wonderful job, quite unintentionally, of revealing the real Trudeau behind that charming facade.

Will Horter has written something that I couldn't bring myself to write although the thought has crossed my mind - how Trudeau, like Trump (and Harper before them), has routinely resorted to the "Big Lie" and smear tactics against those who see through him. He's gotten himself in too deep this time. Gee I'll bet he's missing Christy Clark.

A Question Worth Asking - Has Canada Been Captured?

As analysis and reports stack up laying bare how much we know and everything we don't know about dilbit and Kinder Morgan's Trans Mountain pipeline, it is looking like this has nothing to do with the "national interest" as claimed by prime minister Trudeau. Instead it looks as though Trudeau is in service to some rather powerful special interests.  Who is he serving?

An article in The Tyee suggests that perhaps we're seeing the face of Canada's own Deep State, the Fossil Fuelers.

It all began with a Greenpeace energy researcher and a bundle of freedom of information documents he received that somehow had briefing notes for Andrew Leslie, parliamentary secretary to Christia Freeland. One set was for a meeting Leslie had with the CEO of a major pipeline company. The other was for a meeting between Leslie and officials of the oil patch lobby, the Canadian Association of Petroleum Producers.

...the briefing notes revealed that while Prime Minister Justin Trudeau’s Liberal government was presenting itself publicly as a stalwart defender of all things Canadian against the bullying new regime south of the border — on the environment, trade and NAFTA especially — in this instance there was celebration of the fact that Donald Trump and his administration were pro-oil and pro-pipelines.
In particular, they expressed delight over the U.S. president’s decision to approve building the Keystone XL (KXL) pipeline, which TransCanada is constructing, overturning Barack Obama’s rejection of the project. 

“We support TransCanada’s KXL project and efforts to expand its market in North America” was one of the notes’ talking points Leslie was given, consistent with the government’s public position on the pipeline. The briefing notes omitted any hint that climate change was on the agenda — and CAPP confirms the topic was not discussed during its meeting with Leslie. TransCanada and Leslie refused to respond to questions about these meetings.

For years Stewart has seen this sort of language in internal government memos, with cabinet ministers, MPs and civil servants seeing themselves as allies and partners of the energy industry. 

It’s one reason Stewart believes the oil industry constitutes a so-called “deep state” in Canada. 

“When we’re talking about a ‘deep state,’ it’s usually when supposedly democratic institutions and the will of the people is being replaced by the will of special interests,” he observes. “And I think if you look at the development of environmental policy in this country, the oil industry is so powerful, their influence is so pervasive that I think it’s fair to call it a deep state.”

...to academics, deep state is another way to refer to governments that have been captured by corporate or military/intelligence interests, or both. 

“Captured state is a term political scientists have used for a very long time to characterize the relationship in which the government is essentially under the influence of the dominant sector of the economy,” explains Laurie Adkin, a political scientist at the University of Alberta. 

Has the federal government — along with certain provincial governments — been captured by Canada’s energy sector? 

Kevin Taft, a former leader of Alberta’s Liberal Party (2004-08) believes so. He’s the author of a new book, Oil’s Deep State. “In Canada, the fossil fuel industry has captured really key democratic institutions and in some ways has captured so many of them that it has formed what I call a deep state,” explains Taft. “So democracy stops functioning for the people and begins to function first and foremost for the fossil fuel industry.” 

Those who believe the oil industry has become a deep state point to how the political elites, whether Liberal, Conservative or NDP — from Justin Trudeau to Stephen Harper to Rachel Notley — go to bat for the industry, even if it means Canada’s greenhouse gas emissions rise and jobs are needlessly lost. Or how Canada has never forced the oil industry to curb emissions — even as the impacts of global warming become more catastrophic. And why Canada is highly unlikely to reach its targets under the Paris climate agreement.

...Deep states ...emerge in countries that are democracies. “With a captured state, there is a strong heritage of democracy,” notes Taft. A deep state occurs when numerous government departments and regulators are captured and serve specific corporate interests at the expense of public interests. “When that happens, you end up with the appearance of democracy but really you have a state within a state,” says Taft.

...it affects all political parties, no matter whether they’re on the left or right. Hence, elections become less relevant as political parties who win office eventually succumb to the fact so many government agencies are captured.

Oil sand development was largely created by government fiat. After Peter Lougheed became Alberta’s premier in 1971, the sole oil sands operation, Suncor Energy, was producing a mere 30,000 barrels a day. Now the oil sands produce 2.5 million barrels a day. 

While Lougheed encouraged development of the oil sands, he took an interventionist approach with industry, making the oil companies abide by laws, regulators and legislators. When the industry boomed in the mid-’70s, Lougheed raised royalty rates, while the federal government hit it with taxes. 

But by 1993, the balance of power was shifting. Both Premier Ralph Klein in Alberta and Prime Minister Jean Chrétien were desperate to ramp up oil sands production to boost the economy. In return, the oil industry wanted less regulation, oversight and taxation. 

Chrétien and Klein obliged. Royalties were dropped to one per cent and taxes rolled back, while environmental regulations were weakened. 

“From then on, oil sands projects would have fewer standards of accountability to democratic institutions and more accountability to investors,” says Taft. “The system of governing and managing the publicly-owned oil sands had been captured by private interests.” 

The industry boomed. By 2015, one quarter of all business investment in Canada was going to the energy sector, while oil and gas topped Canada’s exports.

The Harper Era.

The impact of this lobbying was visible when Harper was in office. From 2008 to 2012, 27 oil companies and eight industry associations registered 2,733 meetings with federal government officials. During this time, the Harper government withdrew Canada from the Kyoto climate accord, government scientists were discouraged from doing climate science and barred from speaking to the media, while the RCMP, CSIS and Canada Revenue Agency were tasked to spy on and audit groups and activists opposed to pipelines and the tar sands. 

But the coup de grâce were two omnibus bills Harper rammed through Parliament in 2012 that gutted Canada’s environmental laws, most notably the Fisheries Act and Navigable Waters Protection Act, which were viewed as impediments for building oil pipelines.

Think Tanks - Captured

The most famous is the Vancouver-based Fraser Institute, which has received funding from the U.S. oil billionaire Koch brothers and long campaigned in favour of the oil sands and pipelines while opposing climate change measures. Its staff produce a relentless stream of oped pieces for newspapers across the country. 

Canada 2020, the Ottawa-based “progressive think tank” closely allied with Trudeau, has been instrumental in shaping the Liberals. It lets industry leaders and lobbyists rub elbows with cabinet ministers and senior government officials. Among the corporate “partners” of Canada 2020 are CAPP and oil industry giants Shell, Suncor and Enbridge. 

The influence of think tanks is not to be minimized: representatives from Canada’s 10 leading think tanks appeared at least 216 times before parliamentary committees between 2000 and 2015 and were cited in the Canadian media almost 60,000 times. “It gave them and their research priceless exposure and influence in shaping government policy,” noted the Globe and Mail in December.

The Media - Captured

The oil industry advertises heavily in newspapers, on television and online. In 2013, CAPP and the Postmedia newspaper chain struck a deal whereby the media company promised to further the industry’s interests. The Postmedia papers are famous for championing the energy sector while belittling the environmental movement. A study published in 2013 by University of British Columbia and Memorial University researchers found that the Globe and Mail and National Post were failing to provide readers with a complete picture of global warming issues and underemphasizing the impacts.

Academia - Captured

The oil industry also pours millions into universities — in particular in Alberta. The University of Calgary has been beset by scandals in this regard. 

In 2011, one of its political scientists, Barry Cooper, was discovered to have transferred research funds to a climate change denial group called Friends of Science. (Cooper was also a long-time columnist with the Calgary Herald, where he poured relentless scorn on the environmental movement and any opponents of the oil sands.) 

But the topper was the Bruce Carson scandal. The federal government spent $40 million to finance a University of Calgary think tank chaired by Carson, a former senior advisor to Harper and a convicted fraudster. The institute worked with the industry on a plan to rebrand the oil sands as responsible and sustainable, and Carson co-ordinated some of his activities with CAPP. 

In 2016, Carson was found guilty of violating lobbying laws in connection with his work at the University of Calgary and fined $50,000.

Canada's Regulatory Agencies - Captured

Some critics believe key elements of the federal bureaucracy are under the industry’s sway — in particular Natural Resources Canada (NRCAN) and Environment and Climate Change Canada. 

“I think NRCAN has become the Department of Oil and Gas and I think Environment Canada was converted under Harper from a public service agency to a corporate concierge service to speed along the approval of oil sands projects,” says [Elizabeth] May. 

In 2015, after the Liberal government was elected, Jim Carr, the new natural resources minister, appointed Janet Annesley as his chief of staff. Annesley had spent five years working for CAPP as a vice-president, and nine years at Shell Oil before that. (Annesley was replaced earlier last year by Zoë Caron, a long-time environmental activist). 

When Catherine McKenna became environment minister, her deputy minister was Michael Martin, who had been appointed by the Harper government as chief climate negotiator for the 2009 Copenhagen climate summit, which set no firm targets for reducing greenhouse emissions.

May feels Martin pressed the Liberals to stick with the former government’s target. “There was a shift and suddenly Harper’s target was Trudeau’s target.” 

But it’s not just the federal government. Last year, internal B.C. government documents [Christy Clark's Liberals] were unearthed that revealed the province’s climate plan unveiled in 2016 had been secretly drafted jointly with CAPP and its members — in part at CAPP’s offices in Calgary.

The Crown Jewel - Captured

Then there is the National Energy Board (NEB), which has the task of reviewing things like pipeline applications. 

In recent years, the board has been accused of being heavily biased in favour of the oil industry. In 2015, for example, NEB board members met privately with Jean Charest, a former Quebec premier, who was a lobbyist for the pipeline company, TransCanada. This led to the resignation of NEB panel members when the meeting was exposed the following year. 

The NEB is also accused of not upholding the public interest when it comes to pipelines. Unifor, a trade union that represents nearly 12,000 workers in the oil industry, is opposed to pipelines designed to ship raw bitumen out of Canada, arguing it should be refined and upgraded in Canada. Over the past 30 years, nearly 20 refineries have been shuttered in Canada. 

Unifor has argued before the NEB that it should stop this trend. In a brief presented to the NEB in 2016, the union noted that by exporting raw bitumen “Canada will forego the enormous economic and employment benefits of adding value to Canadian resources through upgrading, refining, and secondary manufacturing. Not only does the bitumen export model undermine investment in value-added production over the long term, it actually threatens the security of supply to existing Canadian refineries… Incredibly, in 2014 Canada actually became a net importer of refined petroleum products: with imports of product now more than offsetting our own exports.”

The Biggest Capture of Them All - Justin Trudeau - Captured

As I argued recently, with Trudeau, just like Trump, you have to judge this prime minister by his deeds, not his words. All too often one has no relation to the other.

At the Paris climate talks his government pushed for a higher-than-expected goal — holding the planet’s rise in temperature to 1.5 degrees Celsius rather than two degrees. Trudeau also announced a plan to reduce methane emissions by up to 45 per cent from 2012 levels within the next seven years. 

But Trudeau has also undermined those goals by supporting three pipelines the industry desperately wants — Kinder Morgan, Enbridge Line 3 and Keystone XL. He also approved the $11.4-billion Pacific NorthWest LNG project to convert fracked gas in B.C. 

Prior to the election, Trudeau had promised to cut $1.6 billion in federal subsidies to the oil industry. More than two years later, this has still not happened. While recommendations to overhaul the NEB have been made, they’ve not been implemented. And the environmental laws Harper gutted have not been reinstated, although are under review.

Even the promised carbon tax on industry has been altered to give big breaks to industrial emitters like the oil and gas sector. And regulations on methane emissions have also been delayed. 

Most crucially, Trudeau has refused to place limits on the oil and gas sector’s greenhouse emissions. 

“If you take a look at the climate plan that Canada articulated… it lays out very aggressive and ambitious plan for decarbonizing the nation,” says Abreu of Climate Action Network. “It impacts almost every sector of the Canadian economy — except the fossil fuel sector.”

A Government Wearing Petro-Blinders

Canada’s capture by the oil and gas industry’s deep state is proving ill-timed. 

“The harsh reality is that global warming is real,” says Kevin Taft. “And while much of the rest of the world is moving aggressively away from fossil fuels, Canada is going to get left behind in that transformation if we’re not really careful.”

The Tyee article provides a wonderful backdrop to help make sense of the Trudeau government's energy policy so riddled with contradictions, inconsistencies, outright falsehoods and, ultimately, cognitive dissonance.

It makes sense of the radical transformation from Trudeau 2015 to Trudeau 2018. Liberals, I'm sorry but your boy has been processed, remanufactured, and reissued to someone's liking - just not Canada's.

A Government Corrupted

There's no trace of hyperbole in denouncing Stephen Harper as the Great Corrupter.  He is corrupt and he corrupts whatever he touches whenever and however it suits him.

The proof is pretty much everywhere but a shining example is the National Energy Board.   Take it from Marc Elieson, an energy executive and former CEO of BC Hydro.

Marc Eliesen  ...has quit his role as an intervenor in the federal review of Kinder Morgan's Trans Mountain pipeline and oil tanker expansion project, calling the National Energy Board "a truly captured regulator."

Eliesen has worked in the nation's energy sector for 40 years. In addition to running the nation's largest hydro utilities, he served in a variety of senior positions in both federal and provincial governments of all stripes, including as Ontario's deputy minister of energy.

Now retired and living in Whistler, B.C., the 73-year-old Eliesen resigned from his intervenor responsibilities after the board repeatedly demonstrated what he called a "lack of respect for hearing participants," as well as a disregard for "the standards and practices of natural justice that previous boards have respected."

Today's National Energy Board is bent.  It's a stacked deck, utterly corrupt.  It more closely resembles the courts that tyrants like to establish to do their dirty business.  It makes ruling after ruling barring relevant evidence and excluding unwelcome participation.   It sees only what it wants to see, it hears only what suits its predisposition.  

Let's put it this way: you don't go to these lengths to cheat if you have any chance of winning fairly.  A national regulator should not be a den of skulduggery, a rubber stamp of perfidy.

Why on Earth then should British Columbians accept the perverse rulings of this "truly captured" regulator or its soiled process?  Why should we take it as anything less than an admission that we're being set up so that out-of-province interests can have their way with our coast?

Read Mr. Elieson's letter of resignation.

HarperLand Snubs the US EPA on Kinder Morgan.

When it comes to dilbit pipelines, the Harper government is in no mood to extend courtesies to potential troublemakers, even the American Environmental Protection Agency.

Harper's National Energy Board has rejected a request from the EPA for an extension of time to file a written request to participate in hearings on the Kinder Morgan bitumen pipeline.  The EPA said it wasn't aware of the February 12 deadline for applications.

Now you would think that maybe, just maybe, the EPA should be at those hearings given that the dilbit-laden supertankers that will haul Tar Sands bitumen will navigate a shared strait and thereby imperil the state of Washington.  And did I mention this is Canada's largest trading partner?

My guess is that Harper and his trained seal, National Energy Board, don't want the EPA calling "bullshit" on yet another rigged hearing.