Friday, July 27, 2012

She has no legal leg to stand on, and she is simply posturing to try and regain the support of an electorate that is rapidly choosing to support other options


Alberta Premier Alison Redford and BC Premier
Christy Clark.  Clark is on attack mode with
both Redford and the Federal Government
I hope Premier Christy Clark is aware of the applicable Constitutional Provisions, that would apply to Principle 5, which she said must be addressed if, “… we are to consider support for such pipeline developments in our province.”

That principle (#5) was that, “British Columbia receives a fair share of the fiscal and economic benefits of proposed heavy oil projects that reflect the risk borne by the province.”

Now it should be noted that the two Constitutional Provisions, which apply in this and any other similar case, state that:

 … the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
 2. The Regulation of Trade and Commerce.
 10. Navigation and Shipping

Additionally there is the following: 
Export from provinces of resources (Authority of Parliament)

92(A)2) In each province, the legislature may make laws in relation to the export from the province to another part of Canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.

Marginal note: Authority of Parliament

92 (3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict.

The exception to the above would be for pipelines which lie completely within the borders of a single province; these are regulated by that province's regulatory body.


I have the opinion of a constitutional expert that, “… the Province does not have the Constitutional Power to impose such a tax / levy etc. on inter provincial/international pipelines.”

This person also noted that:
 “ … BC is transporting its gas inter provincially and internationally right now and none of these Provinces or states through which the pipeline runs are trying to hold BC to ransom over this. There is a Spectra line to Sumas, Washington, and there is an Alliance Line which goes from Aiken, BC through Alberta, Saskatchewan and three states to Illinois.”

Christy Clark has stated that, “five principles that must be addressed if we are to consider support for such pipeline developments in our province” are:
  1. Successful completion of the formal environmental review processes.
  2. World-leading marine oil spill response, prevention and recovery systems for British Columbia.
  3. World-leading practices for land spill prevention, response and recovery systems for British Columbia.
  4. Legal requirements regarding Aboriginal and treaty rights must be addressed and First Nations be provided with the opportunities to benefit from these projects.
  5. British Columbia receives a fair share of the fiscal and economic benefits of proposed heavy oil projects that reflect the risk borne by the province.

On the first four principles she fully has my support.

On the fifth on however, she is beating a familiar tried and true drum, attack the federal government, or another provincial government, to gain support.

She has no legal leg to stand on, and she is simply posturing to try and regain the support of an electorate that is rapidly choosing to support other options.

I’m Alan Forseth in Kamloops … with the thoughts of one conservative.
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