Tag Archives: Federal Court of Appeal

Alberta Separatism is the political equivalent of a toddler’s temper tantrum. It’s embarrassing and a bad idea.

Reading the pages of the Postmedia newspapers or the #ableg hashtag on Twitter you might believe that Albertans from roughneck Fort McMurray to trendy Kensington are calling for Independence and rising up in arms against their political overlords in Ottawa. 

Nope.

A flurry of recent opinion-editorials and columns in the pages of Canada’s Postmedia newspapers have been fanning the flames of discontent and frustration in Alberta. The discontent and perennial alienation from Ottawa is mostly a result of the economic slump and a delay in the expansion of the Trans Mountain Pipeline, but it is difficult to believe that there is any real appetite for Albertans to leave Canada, and the consequences that would follow.

University of Calgary economist Jack Mintz wrote in the Financial Post newspapers this week that an “Albexit” could draw inspiration from the United Kingdom’s disastrous “Brexit” from the European Union. Mintz drew inspiration from another European dumpster fire in 2015 when he penned another cringeworthy Financial Post op-ed predicting that “Alberta is not yet Greece, but it’s heading along that path.”

Three years later, Alberta is not Greece and probably should not be looking to Brexit for inspiration.

The arguments for Alberta’s separation from Canada are so weak and the concept of forming an Alberta Republic is so ridiculous that even the thought of writing this article made me cringe. It is the political equivalent of a toddler’s temper tantrum. But because I am a sucker for punishment, here I go.

Among the many of the disastrous consequences of Alberta leaving Canada would be that it would become virtually impossible to get any new pipelines constructed to the deep water ports that pipeline proponents argue the province’s oil industry needs. 

If you believe it has already been acrimonious to get the Trans Mountain Pipeline expansion built in two provinces, just imagine how difficult it would be to negotiate a pipeline project with a suddenly hostile foreign government, whether it be the prime minister of Canada in Ottawa or the president of the Pacific Republic of British Columbia in Victoria. Not to mention the inconvenient fact that the Government of Canada actually owns said pipeline and its expansion project.

Some will argue that the United States of America would open its borders to Alberta or even welcome it as the 51st State, but it seems unlikely that the American government would want to antagonize Ottawa by dealing with a landlocked rogue nation and cause trouble on it’s northern borders.

American corporations already dominate our economy, which saves the US government the messy business of having to govern us. And the likelihood that most Albertans would be inclined to vote for the Democratic Party would also make the statehood route less appealing for many in America’s political establishment.

The Canadian Government saved Trans Mountain by purchasing the pipeline and the expansion project just as Texas-based Kinder Morgan Inc. was preparing to withdraw their application for expansion. The government of Liberal Prime Minister Justin Trudeau paid $4.5 billion for the pipeline and project, and it is expected Ottawa could spend another $7 billion on the project after it meets the necessary conditions set by the Federal Court of Appeal. 

The Federal Court of Appeal ordered a stop to the project in August 2018 after the National Energy Board and federal government failed to conduct a proper environmental impact assessment of the increase of marine traffic and failed to properly consult First Nations communities along the route in the final phase of the approval process. 

While Trudeau clearly sees the pipeline expansion as a national priority worth spending serious political and real financial capital on, it is unlikely to bring him positive electoral returns in Alberta in 2019. Despite purchasing the pipeline, ensuring it will be built, and announcing $1.6 billion in loans and financial support to the oil and gas industry, support for Trudeau in Alberta has dropped like a lead balloon.

We didn’t ask for the opportunity to go further into debt as a means of addressing this problem,” Alberta Premier Rachel Notley said in response to the federal government’s bailout package.

It is unclear what Alberta’s politicians want to be done in the meantime. Many are calling the pipeline the only solution to Alberta’s economic problems. The big problem with that argument, if you believe pipelines are the solution, is that even if the Trans Mountain expansion project meets the conditions set by the Federal Court of Appeal in 2019 it might not actually be finished construction until 2022 or 2023. And even if other failed pipeline projects are resurrected, they might take even longer to complete.

That a Prime Minister named Trudeau is not popular in Alberta is no shock. The ingrained hatred for Trudeau and his father in the minds of many Albertans ensures that no matter what the Liberal government in Ottawa does to support our province, it will be seen as either a failure or a hostile attack.

While separatist sentiments bubble up in Alberta politics every decade or so, the last serious political push happened more than 35 years ago, when Western Canada Concept candidate Gordon Kesler won a February 17, 1982 by-election in the former Social Credit fortress of Olds-Didsbury.

The separatist MLA said at his swearing-in ceremony that he had “a lot of responsibility to those who believe in freedom and free enterprise,” but then spent the next few months in the Assembly railing against the metric system and official bilingualism. He and his party were crushed by Peter Lougheed’s Progressive Conservative juggernaut in the November 1982 general election.

Other separatist parties have come and gone since, but they have all faded in the right-wing fringes of Alberta politics.

And with provincial and federal general elections expected to be held in the next 10 months, Conservative Party leader Jason Kenney and federal opposition leader Andrew Scheer are only too happy to stoke the flames or western alienation and resentment over pipelines, equalization payments, and new energy regulations included in Bill C-69: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

Meanwhile, outside of the margins of conservative opinion writers and anonymous twitter accounts, two recent polls show that while Albertans might be a little angrier, support for separation remains consistently low.

A recent poll conducted by the research company Ipsos found that “Albertans are a little angrier at the moment, but across the west there is little interest in separation and most measures of connection to Canada are consistent with prior polls taken conducted as long ago as 1997.

The level of support for the idea of an independent Alberta is roughly the same as it was in surveys conducted in 2014 and 2016,” said Mario Canseco, President of Research Co. “Four years ago, with a Progressive Conservative government in Edmonton and a Conservative government in Ottawa, the findings were similar to what is observed in 2018.”

The vast majority of Albertans remain proud Canadians regardless of which party has been elected to run the government in Ottawa. The frustration felt by many Albertans towards Ottawa over pipelines construction delays and the low international price of oil should not be ignored, but let’s not pretend that separating from Canada is a viable solution to our economic problems, because it’s not.

A train of oil cars parked at the CN yards near Jasper, Alberta.

Roll up the ‘Mission Accomplished’ banner. Federal court halts the Trans Mountain Pipeline expansion project on the same day Kinder Morgan sells it to the Government of Canada.

Photo: A train of oil cars sits parked outside Jasper, Alberta, not far from the path of the current Trans Mountain Pipeline.

What a day.

Rachel Notley Alberta NDP leader

Rachel Notley

This morning, the Federal Court of Appeal overturned the federal cabinet orders approving the expansion of the Kinder Morgan Trans-Mountain Pipeline. And this afternoon, the shareholders of Kinder Morgan Canada Limited agreed to sell the Trans Mountain Pipeline and Expansion Project to the Government of Canada, leaving the government as the brand-new owners of a pipeline that it cannot expand, at least for a now.

This series of events is the latest twist in the push to expand the 65-year old pipeline that carried oil from Edmonton, Alberta to Burnaby, British Columbia.

The points included in the court ruling are quite reasonable. The court ruled that the National Energy Board report on which the cabinet based its approval “unjustifiably defined the scope of the project under review not to include project-related tanker traffic” and that the federal government “fell well short of the minimum requirements” to consult with Indigenous communities in the third and phase of the pipeline consultation process.

Due diligence is important and the court provided the federal government with a clear path to resolving these issues. Politics aside, all Canadians should expect that their federal government will not cut any corners when approving larger industrial infrastructure projects such as major oil pipelines.

Now to the politics.

Amarjeet Sohi Edmonton

Amarjeet Sohi

This court decision was not a result of any actions taken by the Alberta government, but it could be a severe setback to Premier Rachel Notley’s New Democratic Party government. This summer the NDP cabinet held an outdoor press conference where ministers and NDP MLAs were seen celebrating the start of the project with cheers and high-fives. All that was missing was a flight-suit and a giant ‘Mission Accomplished’ banner.

The Alberta NDP have tied the success of this pipeline expansion to justifying the introduction of a carbon tax, their much-praised Climate Leadership Plan, and promised future balanced budgets. Notley has donned the metaphorical Captain Alberta uniform and has become one of Canada’s strongest advocates for oil pipeline expansion, which would be a popular position if she is able to deliver the construction of an actual pipeline. 

We built a pipeline!” was going to be a central plank of the NDP’s re-election campaign.

The NDP’s path to re-election in 2019 was always going to be narrow and steep, but the latest twist in the Trans Mountain Pipeline saga should convince Notley to aim some significant political pressure on Ottawa to resolve this problem ASAP.

As Postmedia columnist Graham Thomson wrote in the Edmonton Journal today, “This might not be the end of the Alberta NDP government — but you can see it from here.”

The delay also puts already uncertain Liberal Party fortunes in Alberta at risk. Natural Resources Minister Amarjeet Sohi, the Member of Parliament for Edmonton-Mill Woods, is now responsible for the construction of a pipeline that the cannot be built until the issues identified by the court are resolved. Sohi and Prime Minister Justin Trudeau should be held accountable to their commitment to build a new relationship with Canada’s First Nations communities.

The court ruling stated that the issues related to consultation with Indigenous communities are “specific and focussed” and could result in “a short delay,” which is positive for the future of the now Government of Canada-owned project, but not politically expedient. The next federal election is scheduled to take place in October 2019.

I am sure I will have more to write about soon, as Premier Notley is expected to make a live televised and Facebook-streamed address to Albertans at 6:00 p.m. today.

UPDATE: Notley announced in her address that the Alberta government will withdraw from Ottawa’s climate change plant. Notley is also calling on the federal government to challenge the Federal Court of Appeal ruling at the Supreme Court, call an emergency session of Parliament to fix the National Energy Board,‬ improve consultation and accommodation relating to Indigenous peoples in the way they deserve, and…get construction re-started.‬