Windsor Star

Political disaster for Trudeau

At least project on life support, rather than dead

- John IvIson

The Federal Court of Appeal has spoken clearly for the southern resident killer whales of the Salish Sea, for the First Nations that live along the Pacific Coast and for the environmen­tal activists who run the cities of Vancouver and Burnaby.

The court’s decision to quash the federal cabinet’s constructi­on permits for the Trans Mountain pipeline will be hailed by profession­al objectors everywhere. Justice Eleanor Dawson, who wrote the decision, and her colleagues, justices Yves de Montigny and Judith Woods, can take comfort from the fact that their jurisdicti­on did not extend to considerin­g the thousands of jobs across the country that have been imperilled by the decision — not to mention the deleteriou­s impact it will have on national unity.

But the net effect is that Canada’s attempts to realize a world price for its resource bounty has again been thwarted, even under this ultra-progressiv­e prime minister and a government that has modernized the National Energy Board, overhauled the environmen­tal assessment process and introduced a “worldleadi­ng” marine safety system.

The decision slaps a large sign on Canada’s resource industry that reads Closed for Business. Potentiall­y, it will cost thousands of jobs and billions in revenue.

Thursday’s court decision, and its delays and rising costs, are “extremely frustratin­g,” Canadian Associatio­n of Petroleum Producers president and CEO Tim McMillan said.

“We have a regulatory system in Canada that is so complex that not even the government or the regulator understand­s it,” McMillan said, noting the proponent, Kinder Morgan, did fulfil extensive consultati­ons with First Nations. Former Saskatchew­an premier Brad Wall said the duty to consult with Indigenous people is critical, but added, “the benchmark keeps changing.”

Wall said Justice Dawson is the same judge who ruled Ottawa did not fulfil its duty to consult during Enbridge Inc.’s Northern Gateway pipeline project applicatio­n, which he said is all the more frustratin­g since both Ottawa and Kinder Morgan attempted to work the recommenda­tions from that process into its consultati­ons with First Nations. “What is enough and why does it keep changing?” Wall said. “There doesn’t seem to be an easy, quick fix to this at all.”

Similarly, Canadian Energy Pipelines Associatio­n president and CEO Chris Bloomer said both the federal government and Kinder Morgan went through an additional review and consultati­on process shortly after the Liberals came to power in Ottawa and “even that seems to have been deficient.” “They need to move as quickly as possible to find a solution,” Bloomer said. Across the oilpatch, analysts, investors and executives expressed their discourage­ment with the court ruling.

Canaccord Genuity analyst David Galison said he expected the government would continue consultati­on work on the project, which he expected would eventually get built, albeit later than previously expected.

“If I were a betting man, I’d say 2021 or after that,” Galison said.

By that time, Scotiabank commodity economist Rory Johnston said the amount of crude oil moving on railway cars would continue to grow without new export pipelines as the current export system is full and in apportionm­ent. “You need two of the three (currently proposed pipelines) to clear our egress issues,” Johnston said, referring to the Trans Mountain expansion, Enbridge’s Line 3 project and TransCanad­a Corp.’s Keystone XL project. Without new pipelines in 2023, he said railways would be moving 700,000 bpd out of Canada — a massive increase over current out-bound rail shipments of 200,000 bpd, which itself is an all-time high.

WHAT IS ENOUGH AND WHY DOES IT KEEP CHANGING?

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 ??  ?? Former Saskatchew­an premier Brad Wall
Former Saskatchew­an premier Brad Wall

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