Da Legal Stuff...

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Wednesday, January 07, 2009

National Post and Fraser Institute Twist Facts of Abitibi Case

In the January 7th edition of the so called “National” Post, Michael Walker, a self professed “Proud Newfoundlander” and senior fellow at the right wing Fraser Institute, wasted no time in attacking the Premier of Newfoundland and Labrador for safe guarding the province’s water and timber rights or in ridiculing the intelligence of everyone in the province who supported the move.

Based on the content of his commentary I can only assume that Mr. Walker’s devotion and attachment to his ultra conservative think tank is far stronger than his understanding of the circumstances around this particular issue or his attachment to the land he professes to take such pride in.

Regardless of his theology, ideology or allegiance, the argument Walker puts forward against the expropriation of Abitibi’s timber and water leases has more holes in it than a rusty bucket. It seems to have more to do with ingratiating himself with his corporate friends, propagating misinformation and distancing himself from reality than it does with the facts.

In a nutshell Mr. Walker claims that Danny Williams ought to be the last person to strip away Abitibi’s water and timber leases because the Premier himself built his personal financial fortune by leasing cable rights from the federal government and then passing those rights along to another cable provider when he decided to leave the business.

According to Walker the initial investment Williams’ made to gain those rights would never have been made if there was any chance the government might decide to strip them away from him.

The last part of his diatribe may hold a very small droplet of water, but since the initial cost of the water and timber rights issued to Abitibi was zero, zilch and nada, beyond that there is little to be said for his position.

Mr. Walker’s take on the situation is a clear example of the sort of narrow minded cursory examination of the facts his kind are known for propagating when any issue arises that does not fit their capitalist agenda.

When you stack the two situations against one another there are a lot of similarities but none that back up Mr. Walker’s arguments. In fact the complete opposite is true.

The cable licenses granted to Mr. Williams were issued by the federal government for the purposes of providing cable access in the region.

The timber and water rights granted to Abitibi’s predecessors where issued by the Province for the purposes of operating a milling operation in the region.

When Williams left the cable business he sold the operation to another Canadian company and the cable licenses followed so the new company could continue to provide cable access to the people.

When Abitibi’s predecessor changed hands over the years and as new players partnered in the operations the water and timber rights followed so the new company could continue milling operations.

Those are the facts. They are facts that are not difficult to understand, even for a former “Newfoundlander” much more accustomed to life the Bay Street than life on Water Street.

Instead of recognizing and accepting these simple facts Mr. Walker instead has seen fit to stretch the preceding comparison well beyond the breaking point by claiming that even though Abitibi decided to shut down (not sell) their operations they should still retain the rights granted to them for the milling operation.

Just think about that for a moment.

This would be the equivalent of saying that if Mr. Williams had decided to shut down his cable operations but not transfer his license to anyone else then the issuing body, Ottawa, should have allowed him to do just that.

Mr. Walker, just in case you missed my point, if that had happened, it would mean that nobody, not a single soul living in Newfoundland and Labrador today would have any access to cable television because one individual decided that he wanted to keep those licenses for himself and he was backed up in his arrogance by the federal government.

Perhaps you should visit your former homeland more often Mr. Walker.

The hustle and bustle of the financial district seems to have had a terrible affect on your level of common sense. A nice walk along a river or through a nice wooded area, both of which belong to the people of Newfoundland and Labrador, might do you some good.

Monday, January 05, 2009

Life Lessons - The Price of Progress

This past weekend my last surviving Aunt, my Father’s sister, Rita Dwyer, passed away in the town of Norris Arm at the age of 89. She will be sorely missed.

Aunt Rita (we always called her “Reet”) was a wonderful woman, salt of the earth as they say, and she will not be forgotten.

I bring her passing to your attention not because you may have known her personally but because many of us have known someone just like her over the years. A solid and dependable woman who married (twice in her case having lost her first husband at an early age), raised a family and ended a long and full existence in the same small town in which she was born.

With out-migration, labor mobility and all the other forms of rural exodus we are so used to these days, Rita’s style of life has become somewhat of a rarity, one that most of us will never know.

When I first heard of my Aunt’s passing my thoughts were not of her death so much as about her life. I found myself pondering all the things she must have witnessed in her nearly 90 years in that small town.

Born just after the end of World War I she would have grown up during the great depression and lived through the tuberculosis epidemic that ravaged Newfoundland’s people.

No doubt there were days when most things were in short supply. A time when not living, but survival itself, was the order of the day.

Being raised in a small community there may not have been much, but her family (my family really), grew their own vegetables and had a ready supply of milk from the family goat, both of which could always be supplemented with fish, caribou, rabbit and a variety of other wild game.

As she grew Rita would have had a front row seat to Newfoundland’s era as an independent dominion. She would have seen first hand the financial collapse that led to the commission of government and she knew full well the painful and often corrupt campaigns that brought her once sovereign homeland into confederation with Canada. A campaign that fostered heated battles and life long divides not only among neighbors and friends but even among members of the same family.

Aunt Rita well remembered the trains and how they carried thousands of American service men to the town regularly during World War II. How the soldiers would spend a few days at camp before moving on once again to far off destinations, perhaps never to return.

After having raised a family just mere feet from that railway track, she would later look out her window and witness the dismantling of the rail line in the 1980’s. All that remains running past her house these days is a gravel trail and a near constant cloud of dust kicked up by all terrain vehicles.

Aunt Rita grew up in a time when the fishery was indeed the backbone of Newfoundland and Labrador. Her second husband, Bill Dwyer, who like her first also predeceased her, was a small boat fisherman and as my Father often calls him, “a hard nosed sealer”. Aunt Rita often saw him go out to the ice in the Spring and no doubt she wondered if he would return. He always did.

During her early days the harbor at Norris Arm was alive with boats of every description. Wharves dotted the shore line and the water’s edge, like the local train station, was always a beehive of activity. That was the sort of life she grew up with.

In the 1990’s she, like all Newfoundlanders and Labradorians witnessed the collapse of the cod stocks and along with it saw most of the young people move away leaving only the older generation to continue on.

Today the one remaining wharf in the community is the so called government wharf. All the small family ones are long gone, as are the fishing boats. Now, even the odd pleasure boat entering the harbor is an oddity.

During my Aunt's lifetime nations have risen and fallen. Men have visited the moon and returned to tell about it. Communications technology has advanced from large, crackly radio sets to high speed internet and cell phones. Horses and oxen have given way to trucks and quads.

Cities have grown and prospered yet towns just like the one where my Aunt was born, married, raised a family and died continue to disappear every day.

It makes me wonder if “progress” is the right word under the circumstances and at what price progress simply becomes too expensive.

Thankfully my Aunt, God rest her soul, won’t be around to see how it all turns out.

God speed Aunt Rita.

Saturday, January 03, 2009

The Future of 5 Wing Goose Bay

With the Harper government having broken nearly every promise it ever uttered to the people of Newfoundland and Labrador many are speculating on whether or not the promise to re-invigorate the airbase at Goose Bay will ever be fulfilled.

After nearly three years that hope appears to be dim at best.

Very little has been said on the federal level and the Minister of Defence, Peter MacKay, who incidentally was also named to represent Newfoundland and Labrador’s interests in Cabinet, continues to dodge the issue.

So what does this mean for the future of the town, the base and the people of the area?

It was over the Christmas season, as these thoughts and others were winding their way through my grey matter that I happened upon an article in a small Ontario newspaper that caught my eye.

The story would no doubt attract the interest of anyone concerned about the future of CFB 5 Wing.

The article quoted Federal Conservative MP Rick Norlock saying, “During the 2006 federal election campaign, Conservative leader Stephen Harper promised an airborne unit would be located at the base."

“I’ve been pressing the defence minister to make the announcement. It was part of our campaign platform in 2006 and it’s only appropriate we live up to that commitment.”

I couldn’t believe my eyes. Could I be dreaming? Did Christmas really come? Was Mr. Harper visited by three ghosts in the night?

Alas this was not to be so.

Perhaps the egg nog had slowed my thought processes or I might have wondered sooner why this fantastic story was being announced in a local Ontario newspaper. Never the less, the truth finally began to sink in.

I’m sure the citizens of Newfoundland and Labrador will be happy to hear that Stephen Harper has finally decided to live up to one of his election promises. Unfortunately, for the people of Canada’s most eastern colony, the base being discussed by MP Norlock is not 5 Wing Goose Bay but CFB Trenton, Ontario.

It seems that in Stephen Harper’s world, as it is with most federal leaders, it’s far more important to keep promises made in seat rich Ontario than those made in outpost Newfoundland and Labrador.

In this particular case that promise equates to an investment of nearly $1 billion dollars for new infrastructure, a training center and to move the elite Joint Task Force 2 (JTF2) to the Trenton base. It’s a move considered, by the mayor of nearby Quinte, Ontario to be a, “tremendous investment” and one that will, “see tremendous economic spin off for the region”.

The town’s mayor went on to say, “Even before this announcement the federal government was investing millions and millions of dollars at the base. This is great news for the city and great news for the entire region. I don’t think we’ve ever seen this type of federal investment in our area. We're very fortunate.’’

Indeed you are Mr. Mayor. I’m sure the municipal leaders and people in Goose Bay will be glad to hear how great things are going for you.

Congrats and Happy New Year.