Ever wonder why deals are made?

printed in The Common Sense Canadian ..... please read it all ..... so called deals like this one make you wonder what the motive could be to make a Canadian politician betray their own people ...... the natural answer is as always with BC Liberals .....  FOLLOW THE MONEY!

Premier Clark Supports Canada-China Trade Deal, Abandons BC's Constitutional Rights

Written by Rafe Mair Sunday, 28 October 2012 11:12

Premier Clark promoting BC seafood exports to China during a trade visit in November 2011 (photo: BC Government flickr page)

I don’t suppose that many of you have not by now heard of FIPA (Foreign Investment Promotion and Protection Agreement), the trade deal between Canada and China Stephen Harper is pushing forward - and I don't suppose that many of you, including me, have a full comprehension of what this will mean to trade, not to mention our economy, resources and environment.
Dr. Gus Van Harten of Osgoode Hall has written a must-read letter to Premier Clark which you can read here.
There are a few things we do know:

1. It applies to trade agreements between Canada and China and, thanks to the premier, BC as well.
2. It is, like NAFTA, a treaty that for practical reasons, is all but unbreakable for 31 years.
3. It gives China the ability to obtain huge damages if we don’t perform our side of any deal and to sue for them in her own courts
4. This agreement has not been debated in Parliament nor in the Legislature of BC
5. It won’t be debated in Parliament or the BC Legislature because both the Prime Minister and Premier Clark don’t think they need the agreement of our legislative bodies
6. Without any question, this treaty will impact upon the Province of British Columbia and could cost us hundreds of millions of dollars
7. It seriously compromises the constitutional rights BC has under Section 92 of the Constitution Act (1982)

Let me direct you to the Premier’s letter (below) for which I’m grateful to Laila Yuile, a blogger who’s a necessary read if you want to really see what’s going on inside.
Let us suppose the Province, under a different government, wants to stop the Enbridge pipeline or any other contract where China has an interest. This will involve us in a huge claim in damages. Indeed, any deal the federal government makes with China has been accepted in advance by Premier Clark.
Think on that for a moment. We have signed away, without any mandate from the Legislature, let alone the people, our constitutional right to oppose trade agreements with China no matter how badly they fly in the face of BC’s constitutional powers or how injurious they are to BC's interests.
Below you’ll see a letter from Clark pledging BC cooperation with the feds.
 
Jane Sterk, Leader of the Green Party of BC, questioned this policy and got this rubbish in reply on October 26:
Dear Dr. Sterk:

Thank you for your letter of October 23, 2012, regarding the Canada-China Foreign Investment and Protection Agreement (FIPA) that was signed at the Asia-Pacific Economic Cooperation Summit in September.

The provincial government has been involved in the process that led to this agreement and we are confident the new Agreement will provide a framework through which greater economic prosperity will come for British Columbians and for British Columbia’s business sector.

I think we can agree that international investment is key to building our provincial economy. We feel encouraged that written in the Agreement are unambiguous assurances that provisions and procedures for investor-to-state dispute settlements are clearly laid out and that they stipulate transparency provisions that are important to Canada. We have been advised that the Agreement will likely result in one of the best written investor protection treaties ever and significant efforts have been put into ensuring the Agreement is in the best long-term interests of Canada.

The main goal and objective of this FIPA is to establish a more transparent investment relationship with China and to ensure Canada and Canadian businesses are treated fairly. China is B.C.’s second largest trading partner and we want to strengthen that relationship. This investment agreement is an important step in the right direction towards improving our trade, investment and cultural ties with China.

Sincerely,
Christy Clark
Premier
There are two major issues here:

1. Is this a good deal for Canada and BC?
2. What are the implications for BC’s constitutional rights under the Constitution Act of 1982?

As to the former, again, I urge you to read this letter from trade expert Dr. Gus Van Harten to Premier Clark.

As to the latter, as one who has been involved in such matters at the highest level, I can tell you that on the face of it, Premier Clark’s letter abandons the constitutional protections BC has.

This is no minor, legal nit-picking. We live in a federation where both the federal government and the provinces have legal, inviolable rights. This is the glue that holds the nation together.

On the pipelines/tankers specifically there are a number of areas where BC has the absolute right to make conditions or ban them outright. Premier Clark, in her disastrous statement, has, on the face of it, estopped BC from exercising our rights. “Estopped” means that she has taken a position upon which another has acted and can no longer exercise the rights she signed away.

In short, by agreeing to this treaty, she has, for the length of the contract, surrendered our right to exercise our constitutional rights.

Why did Premier Clark do this?

We can't overlook the fact that she may just be too stupid to understand what she has done. One hates to say this sort of thing but this is surely an option we must consider, remembering Mair’s Axiom One which states, “You make a very serious mistake assuming that people in charge know what the hell they’re doing.”

If she took advice, it was terrible. Moreover, she couldn’t possibly have read outside independent advice as that given by Dr. Van Harten.
To my way of thinking it’s because she’s at the mercy of the Feds when it comes to canceling the HST, just a month ahead of next May’s election.

We have, then, given our constitutional rights away without any consultation with the people who lose these powers. It’s been called “economic treason” and I agree.

Is there any doubt now why she was too cowardly to call a fall sitting of the Legislature?

To give this bunch another mandate would be insane.

Last modified on Sunday, 28 October 2012 19:56

Published in Common Sense Journalism

Tagged under

• BC Oil Pipelines and Supertankers
 
• Oil and gas
 
• Politics

Perhaps our only hope is to ask the Americans to help us out of this one?.

Enbridge - again - sigh

The NDP criticized Christy Clark and her focus on Enbridge as being less than attentive, to be mild. And the BC Liberals argued the NDP voices were yelling for political gain and everything was taken care of.

The main criticism of the Liberal's plan was that they would be allowed to present themselves at the hearings in Edmonton, but had to state a case before the hearing deadline. The Liberal government expected to cross examine Enbridge at the hearings. They had appointed a so called 'A-Team' led by former Liberal MLA Geoff Plant to represent BC voters and that all would be okay.
 "He's going to be making sure that we get the answers to the questions that we need," said Clark. "He is one of the finest legal minds in our country. He understands the environment, he understands the government, he understands politics, and our coastline. And the protection of our land base here in British Columbia is deeply important to Geoff."  He doesn't seem to understand work ethic.

And Environment Minister Terry Lake said, "Our questions will focus around liability insurance coverage, corporate structure and ensuring British Columbians wouldn't be left holding any kind of bill if in fact there was an adverse event." But he didn't bother to hang out long enough to ask any questions.

They lasted almost twelve minutes before they were declared out of order, and were told to come back when they were prepared! The Liberal government had over two YEARS to establish themselves but did not do it. All the time, Christy Clark reassuring the BC people in photo-op after photo-op that they were on it.

But that's not the point! The point is that Geoff Plant is the appointed lawyer to present on behalf of the BC Liberals! He gets $325.00 per HOUR for this. By the time government lawyer Elisabeth Graff was shut down in Edmonton, Environment Minister Terry Lake and Geoff Plant were already gone! On a plane back to BC. Evidently nothing was deeply important enough for Plant to stay around.

How is that for representing the people of BC and their environmental concerns?

One would almost conclude that the appointment of Mr Plant was nothing other than what BC Liberals always do; pass out taxpayer dollars to their friends at every and all opportunities.

And the BC Liberals were furious about NDP leader Adrian Dix criticizing them for this feeble effort?

But is it just political? Grand Chief Phillip, president of the Union of B.C. Indian Chiefs warned, “There is absolutely no way we will tolerate a project that would violate the environmental integrity of our traditional territories along the pipeline route and along the B.C. coast. Our people are prepared to go to the wall against this. There is no doubt about that.”  Phillip vowed a long, protracted fight, including blockades and mass protests, against the project, if it is allowed to proceed.

One could also conclude that the whole process by Christy Clark and her Liberals, is a preconceived plan to appear to be fighting for British Columbians, while tacitly allowing Stephan Harper and the Alberta oil cartel to bulldoze their pipeline through BC whether we like it or not.

Any deal the Christy Clark government makes from here on in, should have a caveat attached.

The pipeline is projected to earn 81 billion over 30 years. But only 6 billion of that goes to BC. That's likely the cost of the first oil spill cleanup. What do we do for the next 29 years?

BC is your traditional territory too. Pay attention.
Can we vote now please?


Addenda: - - - Interesting points coming out at the Enbridge tar sands Pipeline hearings: did you know that Enbridge is planning to set up a totally DIFFERENT company for their pipeline? And that the insurance coverage of this company may only be 2 Billion? They have already spent 8 Billion on the cleanup of the Kalamazoo River which you can simply drive a truck up to the spill point! Obviously they are trying to sleaze out of their responsibilities!

The All New BC Christy Liberals for 2013

The BC Provincial election is in May of 2013. Christy Clark has chosen her big guns for the epic battle. She found some under the back benches. Not ALL the BC Liberals deserted her, there were still some to pick from. (she was seen at KFC buying the Slim Pickens bucket.) So now all new for 2013, Christy presents the election ticket for prosperity in British Columbia!   Trust us.  We`re the BC Liberals!

BC Premiere, Christy Clark

Sure she looks dazed, but .. but a premier`s job is hard. (is that Basil Rathbone behind her) Look to the future, where you won't have to do anything but listen to what we tell you. We're for families and blueberries and PPPs and surrrprissses.

             Ministry of Labor and              Ministry of Wildlife            Ministry of Welfare
                  Beer Distribution                  and Whining                  and Inertia
                 Fred Waddle                      Eunice Shivver              Harvey Closetted

           Ministry of Finance               Ministry of Holograms        Ministry of Intimidation
              and Finagling                      and Mysteriums               and Tax Collection
                   Al Kida                          Havanna Marks                  Dawg Bailiff    

         Ministry of Health                  Ministry of Ethics                 Ministry of Forestry     
          and Hospitals                    and Crime Prevention             and Agonyculture
       Dr. I.O. Stranglelove              Kahuna Wakalulu                Olaf Bigwoody 

So there you have it, our pride and ploy ... er joy. We defy the NDP or the BC Conservatives to come up with a line-up of talent like this. (No that's not him, just looks similar) Elect us again and we`ll get right back to doing the same things to you all over again. 

Our new platform includes; 
- selling Vancouver Island to the Chinese so they won`t have so far to ship their toxic plastics and contaminated foods; 
- selling the water in our rivers in Public Private Partnerships to collect taxes on toilet flushes; 
- selling Rich Coleman to the Alberta Meat Packers Assoc. (testing for mad-cow first, of course); 
- tolling all the bridges everywhere including that lil wooden one by Second Beach in Stanley Park; (don`t laugh, they`ll pay when we let developers build condos on the west side of the park); 
- cutting taxes on the rich and making workers pay their fair share; 
- setting up a Defend ex Liberals fund for those who got caught and were persecuted unfairly; (or might get caught in the future); 
- fixing the HST before 2035;
- forgetting BC Rail once and for all; 
- making BC a have-not province for a sixth time, (the NDP only managed it once, we've done it five times!); 
- setting up a Junior Ministry advisory on Atlantic fish farm salmon and why growth hormones and coloring are good for you; 
- writing a new melody to the Fast Ferries chant; 
- yes, we`ll even adjust the minimum wage to $9.25 per hour! 

And remember, we don't do French here so Dix is NOT a ten!

All great reasons to return the BC Christy Party to POWER!

There`s lots more where this came from!

[Paid for by the Desperation Committee to re-elect any Liberal anywhere somehow]
 

 

Public meetings

I went to a public meeting years ago. It was about how to move the bus loop from the Lost Lagoon area of Stanley Park, because the buses had to turn left across bridge traffic coming from Lions Gate and the North Shore. In rush hour traffic this was almost impossible. So they were looking for ideas and input. Or so I thought.

the existing route

This was their proposed plan. They would run the trolly buses west on Georgia and instead of turning left across rush hour traffic to the present loop (at that time) beside Lost Lagoon, they would instead go into Stanley Park, beside the old pedestrian overpass and park along Pipeline Road. Then to return would have to go beneath the causeway overpass to go along beside Lost Lagoon and enter the causeway traffic onto Georgia Street at Chilco to head East.

This plan seemed to me to be very expensive, as so much work would have to be done to allow trolleys to make the entrance and exit. And also drivers would have to take their breaks at night within Stanley Park.

So.
I came up with a plan that I thought solved all the problems. I drew up street maps to show how it would work on large white boards. This was my proposed plan:

Have the buses take the right lane just as soon as they pass the junction where Pender merges with Georgia Street, and crosses Cardero. Then they would turn right, from Georgia onto Denman, causing literally no traffic slow down in rush hour. There is an existing small parking area there for yacht clubs but would only take a little more space for a bus turnaround. No interference with traffic at all.

my bus route proposal

And the best part is exiting. The bus would proceed south on Denman and make a left turn with the traffic light onto Georgia again to go East. As 99% of all the traffic coming north on Denman is turning left onto Georgia to head for the Lions Gate Bridge, there would be no traffic tension at all! Any right turns off Denman would have no effect on buses.

The cost of doing this change would be to take a little more space from the existing grass area and perhaps the yacht parking lot to build the turn-around loop. A few poles for trolley wires, some new pavement and that's it! And people intending to go into Stanley Park would exit right onto the Seawall! And it was only yards away from the planned loop.

I presented this plan to all concerned at a meeting in the Denman Auditorium. The room was crowded and after I had finished, almost everyone who heard it agreed that it was an excellent and smooth way to go without causing an expensive taxpayer outlay.

As the meeting concluded, the city engineers in charge decided to recap what they heard at the meeting. They said they heard that everyone liked the ideas of the city to have the buses go into Stanley Park. The crowd roared their disagreement. Mostly stunned at such a conclusion. Many people asked how they could have heard that when their proposal had been booed at the time! Many people were members of Friends of Stanley Park and had paid close attention. So the panel simply thanked us and left.

A few years later they rebuilt the the whole causeway overpass to allow the installation of trolley wires and height for the large buses to get under.  It was opened in 2003 and I have no idea how much it cost.

The point of all this is to suggest that public hearings are nothing more than public relations exercises that have little purpose and NO effect on the pre-embedded plans that corporations want to do. And they know that they can say whatever they like afterward without contradiction. I am not saying my plan was the ultimate, other speakers had other ideas. I am saying that they just didn't care what people thought. It was a predetermined 'go ahead' long before any public input was called for.

Keep this in mind if you attend any public hearings on the Enbridge or Kinder-Morgan pipeline proposals.


(pics from Google Earth, click to enlarge)

BC Day

The British Columbia Day Act was first introduced to the Legislative Assembly in 1974 by the NDP Government. The aim of the Bill was to create a statutory holiday on the first Monday in August to recognize the pioneers in the province. The act gained royal assent in 1996.
There are a number of symbols of British Columbia. These include the Steller's Jay, the Pacific Dogwood, jade, the Western Red Cedar and the provincial tartan. Two important symbols of British Columbia are the flag and the coat of arms.

Our province is huge, 944,735 square kilometres (364,800 sq mi). Larger than Washington, Oregon and California combined! Most of which is mountains, rivers, lakes and grasslands that can offer solitude or success if one works for it.  Splendor sine occasu has been our motto - "Splendour without Diminishment." And Tourism BC sells it as Supernatural British Columbia! The bottom edge of BC is perhaps the last remaining population center that has unexplored wilderness within a hundred miles to the north.
Our Fraser River travels over 1,375 kilometres (854 mi) through glacial mountain ranges and secluded valleys to empty 800,000 gallons (3550 cubic litres) of fresh water per minute into the sea at Vancouver.

Lytton is often the hottest place in Canada and the Vaseux Lake region of the Okanagan has the only arid biotic zone (desert) in Canada! While our North becomes Robert Service country and can be the coldest in Canada. Our regional variety is wonderful. You can often drive northward in your car without seeing another human for hours yet a wonderfully healthy wildlife abounds.
Our Capital, Victoria, continues to be a little bit of pleasantly quaint, 'Jolly Old' past. While Vancouver symbolizes the future and has become the envy of the world.

The pioneering spirit has always been strong in BC since the many hardy explorers and gold rushers traveled to our interior, seeking wealth or land or the fortune of settlement. Some walked over mountains and traversed rivers after gold or silver or exploration. Loaded mule trains once went North daily full of hard tack, miner's picks and dreams and even included imported camels at one time as pack animals for the prospectors. And when BC needed to join Canada, the railroad building was blasting through solid rock cliffs and gorges and progress was measured in months and sometimes by lives lost. Only men of inner strength and sturdy character need apply. The weathered reminders of homesteads abound in BC, softly settling into history. And the Indian names remain, the Caribou, the Chilcootin and the Kootenays. The true wild west was here too when our grasslands were full of cattle and ranchers riding their range. The Douglas Lake Cattle Company was once the world's biggest ranch! Our lumber industries took advantage of vast coastal forests.
Today we have cosmopolitan cities of vibrant people full of industry, high tech and promise on our southern borders, to the enchanting loneliness of our north and our seacoast fjords with rugged folks content in their solitude and independence. There is something for everyone in BC. 

BC Social Credit governments established BC Ferries and we once had more ships in BC than the Canadian Navy. The old BC Electric company became BC Hydro and guaranteed perpetual power for British Columbians. BC Rail was the result of taking over the Pacific Great Eastern Railway and was begun to open up our sparse interior and offer service to the people of small towns. BC was growing, exciting and proud.

The present population of BC is a marvelous mix. Not a melting pot, but a mosaic of varied cultures who have arrived on our shores seeking peace and prosperity. And contribute to the interesting diversity of our society. We should all be thankful that we do live in a land of plenty, with freedom and hospitality and the ability to follow any pursuit we wish.

Today that pioneering spirit is still active, with modern British Columbians ready willing and able to continue making our province great and progressive into the 21st century.
But it is a heritage that must be carefully guarded and shepherded into the years ahead with the interests of BC and our people first and foremost.
We are a vibrant, industrious and intelligent people who can continue to exploit the promise of the future and build our province into a supernatural place of pride and opportunity.
Join in, all are welcome.

Happy BC Day!

Suspicious old me ....

A while ago, the BC Liberals weren't even considering selling the BC Liquor Distribution Branch. Now they are suddenly scampering to get a deal done before they are thrown out of office. Why?

Freedom of Information documents released Thursday by NDP critic Shane Simpson suggest that the government had no interest in selling its liquor warehouses - one in Kamloops, one in Vancouver - until Exel Logistics presented a plan to MLA Shirley Bond during a golf game. And Liberal insiders Patrick Kinsella and Mark Jiles lobbied several other government ministers on behalf of Exel relating to privatization of the province’s liquor distribution system.

Keep in mind that BC is one of the largest importers and distributers in North America for liquor, about 900 million dollars a year! A very rich plum to control for a private company. Sales per capita in BC are far above those of Quebec and Ontario.

Kinsella served as an adviser to Premier Christy Clark during her successful leadership run. He was also Gordon Campbell’s election campaign manager in 2001 and 2005. (Yes, the same Gordon Campbell who has run up huge bills in London as High Commissioner to Canada.)

Exel has a monopoly in Alberta where it is said liquor prices are 30% higher than before privatization. 

 Shirley Bond wrote in August 2011 to Exel; “At this time, the government is not considering making any changes to the existing liquor distribution system.”

So what changed their minds?  Yet here in July 2012, she is saying, "We need to get this done." As if SHE thought it up for the good of the people and as if there is some urgency in handing a private company millions of dollars. Well what can be made of this?

The BC Liberals,  seem to be shepherding the process so a deal can be contracted by March of 2013, only 10 WEEKS before an election! Where in all likelyhood, and probably partly because of this deal, they will get thrown out.

Adrian Dix has already said the NDP can't work wonders and tear up legitimate contracts. (Yes, I recall the BC Liberals doing just that a few years ago, but we're talking about integrity here.) Yet that doesn't mean that Christy Clark and the cabinet members involved in selling away assets wouldn't be susceptible to criminal investigation and charges, for ignoring their fiduciary responsibility in handling BC assets.

Suppliers who sell in both B.C. and Alberta, where Exel Logistics handles distribution in that province, said supply and delivery costs are double in the neighbouring province than what they are in BC. That has to reflect your retail costs.

 If one had a suspicious mind to nefarious deals, and I do, one could think there is a payoff built into the process somewhere. A payoff that would not exist with a new government who would be unfriendly to the likes of Kinsella et al. So in order for someone to collect that secret fund, or commission, or payoff, or graft, or bribe, or finders fee or whatever you want to call it, the deal would have to be in place before it could be rescinded by an NDP government.

Suspicious minds are built over a length of time or by a series of events that don't make sense. Is there some reason why anyone would NOT be suspicious of anything these Liberals do? Shirley Bond had a meeting with an Exel official at a golf event in Prince George. After which it was a go to sell off more BC assets. Isn't that the exact method mafia boss John 'the Teflon Don' Gotti used to avoid planted police microphones and FBI surveillance? By meeting his mob buddies on open golf courses? It remains to be seen how slippery these BC Liberals are, but taking a cue from our former Premier, pretty slippery.

You can't wonder why I am suspicious.

Just sayin'.

Nothing there. No worries.

The room:
Anyone see anything?
I don't see anything.
There's nothing in this room.
By the way, where's Christy?
She must be out somewhere.
Yeah, photo opping.
Well, we might as well go.
Yes, nothing here.
Right, nothing in the room.
Okay.