Federal Court of Appeal quashes construction approvals for Trans Mountain

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IronNoggin

IronNoggin

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So, Trans Mountain is once again a No-Go.

In the decision released Thursday, and written by Justice Eleanor Dawson, the court found the National Energy Board's assessment of the project was so flawed that it should not have been relied on by the federal cabinet when it gave final approval to proceed in November 2016.

A shame Pierre's Idiot Child saddled us with ownership of this extremely expensive liability...

Guess Alberta will once again boycott our wine...

While all the rest of Canada ponies up for True Dummy's bills...

https://www.cbc.ca/news/politics/tasker-trans-mountain-federal-court-appeals-1.4804495

Nog
 
Failed to consult First Nations, failed to include and account for tanker traffic and risks the the marine environment. As well as ignore impact to SRKW and their SARA endangered listing. 2 deaths in the last few years associated with blunt force trauma.

Misty was on BNN today celebrating, good for her
 
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We can only hope that future govt's of all political bents stop gaming the review process and have honest, fulsome environmental reviews and consultation processes so whatever resource development projects get approved have real, long term economic benefits and properly managed/mitigated environmental impacts. We have to start learning from these bonehead politically motivated decisions that tax payers pay for. There's got to be a better way and citizens need to press our govt's for this.

This is a real incompetence on both the Harper govt. who rammed it through and the Trudeau Libs, who not only continued to ram it through, but now made all of us pay for it! What a cluster! I fear we will have a similar but not quite as bad cost overrun project with the Site C Dam. Both the BC NDP and BC Libs gamed the system to ram this project through as well.
 
If you read though the whole preceding the SRKW issue and critical habitat came up countless times. Id imagine recreational fishermen will fair just as poorly as the pro pipeline if we ever tried to go to court. It seems the SRKW, the critical habit have enshrine rights with an endangered listing also was mention was the SRKW traditional use and important to First Nations.
 
We are screwed the ***** Misty will not stop until we cannot fish for springs time to sell the boats folks. I am glad i am not any younger our future generations will have nothing because of the green dickwads
 
The environment is locking Canada and Canadians up quit nicely. And through democracy we are doing it to ourselves. Brilliant!!!! (sarcasm) Shutting down sport fishing should be easy now. The president is set. This is what the precautionary principle looks like folks.
 
What scares me most about all this is where is the democracy in all this. The majority of the country sees the benefits of major projects, our elected politicians see the benefit of these projects yet a single court with a single judge with personnel views can over ride the whole process. Why do we vote, why do we elect people if all for nothing. Who knows what this judges personnel views are on industry, fishing or a whole lot of things. This judge could very well be in the pockets of these enviro groups how do we know. That's why the majority should override this. Scarey place for a country to be in when a single individual can decide the fate of such an important issue.

( sorry I stand corrected it was a panel of 3 judges that determined the fate of this project, 3 people over rid the majority of a nation of 36 million people )

https://boereport.com/2018/08/30/hey-nice-coup-protesters-what-is-your-plan-for-the-country/
 
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I stand corrected on my democracy comments. What ever happened to referendums?
 
What you forget, walleyes, is that the judicial system only pointed out that the NEB and the supportive governments DID NOT follow the laws, regulations and processes that were put in place by the people. And in that sense it is a big win that big companies and agenda driven governments CANNOT go around the laws and regulations that apply to all of us. The people's laws and rules must be followed, by all. I am happy about this decision, this oil industry is a dead horse in itself and not worth pursuing further. I am not happy that the feds bought this crap and we all end up paying for the oil industry again. Makes the fast cat ferries disaster look like a fart in a hurricane.
 
You live in a dream world my friend.

I've said my piece not getting into another one, it's just not worth it you all deserve the fate you are bringing on yourselves, every bit of it.
 
calmsea said:
What you forget, walleyes, is that the judicial system only pointed out that the NEB and the supportive governments DID NOT follow the laws, regulations and processes that were put in place by the people. And in that sense it is a big win that big companies and agenda driven governments CANNOT go around the laws and regulations that apply to all of us. The people's laws and rules must be followed, by all. I am happy about this decision, this oil industry is a dead horse in itself and not worth pursuing further. I am not happy that the feds bought this crap and we all end up paying for the oil industry again. Makes the fast cat ferries disaster look like a fart in a hurricane.
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Calmsea makes some good points here. My post was NOT about being for or against the KM project. It was about how the previous and current Fed govt. screwed up in trying to quickly ram the approval process through without taking time to do a proper job (with FN consultation and environmental review and mitigation, etc.) that is part of the formal process they knew they had to go through.

We as taxpayers should be pissed off at this as it will lead to a huge amount of wasted time and tax dollars as the Feds try to fight this yet again. How about doing a proper job following the process the first time and let the pros and cons of the project decide the projects fate, instead of ramming it through for political reasons and then inviting a lot of opposition and lawsuits?

My point is if we have legislation, procedures, and processes that govt. set up and then govt. doesn't follow them, tries to short circuit them, or caves to industry pressure then they are pretty stupid/lazy/incompetent. Why? Because in our democracy the courts job is to hold them accountable and they may get shut down like in the KM case if they don't follow the rules properly. If they want to ram things like this through then change the laws (like Harper tried to) before they ram it through and they may be more successful. Of course there is always the caveat of whether enough citizens like what they are doing and vote them back in - but that's another issue.
 
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The NEB consulted these groups under the rules as they stood at the time. When the Liberals came in they changed the process after the fact. It's a never ending cycle it's a revolving door. I ask again where is the democracy when 57% of the population of a supposed democratic countries wishes can be stopped by a panel of 3 judges one whom I might add is a known anti pipeline advocate the same judge that ruled against the NEB in the case of northern gateway . 57% in a nation of 36,900,000 is over 21,000,000 people's wishes upheld by 3, that is not democracy in any form. Never mind the cost of buying this line, wait until the law suits start rolling in. Huge dollars were spent by numerous companies given contracts in the construction of this line. Who's going to foot the bill for those, yup you guessed it us.

The left at its finest. Sooner or later people are going to get sick and tired of the left and the people voting for the left agenda and these native groups special treatment they are going to push to far and theres going to be a civil war in this country. It's happend before it will happen again you can only push people so far. You take food from their mouths and they will do what it takes to get it back.
 
Welcome to Canastan...
This country is now OFFICIALLY closed for business.
Thanks a lot snowflakes. BTW where do these 'special interest' groups get the funds to pay their lawyers???
 
walleyes said:
The NEB consulted these groups under the rules as they stood at the time. When the Liberals came in they changed the process after the fact. It's a never ending cycle it's a revolving door. I ask again where is the democracy when 57% of the population of a supposed democratic countries wishes can be stopped by a panel of 3 judges one whom I might add is a known anti pipeline advocate the same judge that ruled against the NEB in the case of northern gateway . 57% in a nation of 36,900,000 is over 21,000,000 people's wishes upheld by 3, that is not democracy in any form. .
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Your misunderstanding democracy is sorely lacking. Modern Democracies decide one main thing with a majority rule, and that is their elected officials. The constitution and laws of the country determine within what parameters those elected officials can operate. Democracies actually go to great lengths to AVOID something called the tyranny of the majority, which is where whatever is the majority wants is done. that is much more the hallmark of Dictatorships which often come to power promising just that. The fact 57% want the pipeline, or want any other action is immaterial. In the Southern US states the majority did not want abolition of Jim Crow laws. Even today in many deep Southern states Jim crow would be on the books if it were up to the majority, and in Canada racist and discriminatory polices towards Natives would likely persist if up to the majority. Clearly sometimes those mechanisms fail (as with the internment of Japanese in WW2) So the fact 3 judges sided with the 16 million over the 21 Million people (based on polling - the courts don't decide based on opinion polls) is EXACTLY WHAT DEMOCRACY IS ALL About. The courts could side with the 0.1% over 99.9% and that is democracy! If the government indeed did not follow its own rules on the environmental assessment, the decision by the courts is correct. I really can't comment on if it is right or wrong other than to say its a decision I don't agree with as I'm in the 57%, but realize its how democratic society works. This was a court of appeals decision , so there are higher courts to take it to to have it reversed (also how democracies work) and the government must make that decision to pursue that avenue or redo the assessment. Democracies don't just operate based on the majority in an opinion poll.
 
calmsea said:
What you forget, walleyes, is that the judicial system only pointed out that the NEB and the supportive governments DID NOT follow the laws, regulations and processes that were put in place by the people. And in that sense it is a big win that big companies and agenda driven governments CANNOT go around the laws and regulations that apply to all of us. The people's laws and rules must be followed, by all. I am happy about this decision, this oil industry is a dead horse in itself and not worth pursuing further. I am not happy that the feds bought this crap and we all end up paying for the oil industry again. Makes the fast cat ferries disaster look like a fart in a hurricane.
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Personally I am not happy about this decision, even though I think Trudeau is going to wear it in the next election and any millstone around his neck brings me at least SOME level of joy but I agree that the judgement alleges that the NEB did not follow existing laws and that looks to be the case, and if it survives the appeal that's definitely coming, then I think that's a good indication that the judgement itself is accurate in the sense that it is a correct interpretation of the law.

The laws, however, were NOT put in place by "the people". They were put in place by representatives elected to work on behalf of people, and whether they do so effectively is entirely up for debate. Every day I meet people who are against prohibition of certain popular drugs, and I would guess that's the majority position in Canada these days. But the laws that put people in jail for possession of marijuana are still on the books.

Never forget that the law is not necessarily a reflection of the will of the people. The law is the law that was successfully passed by members of a political party which may have been on the verge of losing power; the law is the law that was voted in by 50%+1 of the representatives who themselves rarely received much more than 40% of the vote; the law is the law that was approved by 50%+1 of senators appointed for, among other things, putting party loyalty ahead of principle.

The law is not the will of the people. The law is the law. That's all.
 
The Liberals could wright legislation and have the pipeline started tomorrow, However that legislation would most likely be very counterproductive to their reconciliation agenda. As one of the reason the pipeline got halted is they failed to consult with first nations. They would basically have to gut some of that previous laws or write legislation to bypass it for projects of national interest. They could as use the war measures act to get it done.

However at this point what we are likely to see is this to devolve into another few years of review/consultation and possible the sale of the existing pipeline in a few years at huge loss back into the private market probably to some friends of the finance minister.

And as Ernie Crey said on the news today Chief of the Cheam band (Who had financial interest/gain in the pipeline) these ENGO groups for some reason want first nations to remain in poverty, I don't even take their calls anymore.
 
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