Plan Nord annexes southern Labrador

The news wires are buzzing today after Premier Jean Charest’s announcement of “Plan Nord”, Quebec’s vision to develop its vast natural resources and reshape the future of the Province.

According the Premier Charest, Plan Nord is “…one of the biggest economic, social and environmental projects of our time”.

The plan calls for creation of massive mining and hydro generation projects, extensive infrastructure development, sustainable forestry exploitation and the protection of vast swaths of unspoiled wilderness.

Total investment over the next 25 years is forecast in the region of $80 Billion dollars, through corporate and public sector investment. Employment is targeted at more than 20,000 jobs in the Province and the area included in the plan covers more than 1.2 million square kilometers.

The problem is the identification of that 1.2 million square kilometer area and maps of the region affected, areas that include a sizable chunk of neighboring Labrador.

Nobody in the Quebec government thought to ask the permission of the Newfoundland and Labrador people if it was OK to annex that land for its own gain.

A review of recently released Plan Nord background material identifies that 98% of Quebec’s clean energy is produced in the area covered. This claim appears odd considering that nearly 6,000 megawatts of power in use by Hydro Quebec is generated in Labrador. That power is then sold to the Province at rock bottom 1960's prices thanks to the now infamous and lopsided Churchill Falls contract.

With one claim by the Quebec government in question it didn’t take long to identify the boundary issue as well. A quick visit to the Government of Quebec website reveals a map of the region clearly showing a unilaterally “adjusted” border between Quebec and Labrador.

The actual border, legally settled in 1929 and enshrined in the Canadian Constitution through Newfoundland and Labrador’s Terms of Union with Canada, is depicted in the map by a dotted line and the word, “non-definitive”. The area covered by Plan Nord clearly extends far beyond that line.

This isn’t the first time the government of Quebec has redefined this border in an attempt to claim a part of its neighboring Province. Various maps available on the Hydro Quebec website, Provincial tourism maps and maps from multiple official sources in the Province have done the same for decades and continue to misrepresent the legally recognized boundary.

Just a few years ago it was brought to the attention of the Government of Newfoundland and Labrador, in another article by this writer, that the contours of the bogus maps have also been used outside of Quebec, including by Canada’s national broadcaster, the CBC.

Recent examples include federal maps identifying parts of Labrador as being inside the electoral districts of Quebec and Canadian military maps revealing patrol areas supposedly within Quebec that actually extend into Labrador.

The practice of redrawing the border between the two Provinces has spread far beyond Quebec itself and it appears that very little is being done by the Provincial government of Newfoundland and Labrador, or the Government of Canada, to stop it.

In a recent twist on the boundary tale, the federal government signed an offshore agreement with Quebec expected to pave the way for oil exploration in the Gulf of St. Lawrence. The agreement will see Quebec become the sole beneficiary of oil revenues within their offshore boundaries.

Unfortunately, while the land based border has been legally defined, if not accepted by Quebec, the actual ocean border between the two provinces has never been ratified by Ottawa.

The prize, a massive hydrocarbon deposit known as “Old Harry”, expected to be worth billions and which straddles the very area where any boundary would likely be drawn.

Even mineral exploration maps issued by Quebec and used by mining companies to “stake a claim” show a number of available parcels of land inside Labrador as being under the licensing authority of Quebec.

With so much creative license being taken around the Provincial border, one has call into question how much of the vast resources Mr. Charest intends to develop actually exist inside Quebec.

Federal Election Sparks Side Deal with Quebec

At the eleventh hour, after more than a decade of backroom negotiation, the Province of Quebec and the Federal Minister of Natural Resources, Christian Paradis, who also happens to be the MP for the Quebec district of Mégantic—L'Érable, have inked a deal on offshore oil and gas revenues.

The deal side steps Newfoundland and Labrador’s long standing Provincial boundary dispute with Quebec and could see Quebec reap as much as 9 billion from a disputed 30kilometer long oil and gas deposit situated between the two Provinces.

At issue is the “Old Harry” oil and gas reserve estimated to contain as much as 2 billion barrels of oil, a field nearly twice the size of the Hibernia oil field on the Grand Banks of Newfoundland.

Quebec Premier Jean Charest said Thursday the deal to give his province the royalties from the “Old Harry” oil and gas reserve is "historic".

With this agreement Quebec will retain 100% of the royalties from their section of the oil field and the Federal government can head into the next election saying they have delivered for Quebec, but what becomes of Newfoundland and Labrador?

With the boundary dispute between the two Provinces left unsettled nobody really knows just how much of the oil field actually rests within the boundaries of Quebec making it impossible to determine just how much of the revenue truly belongs to La Belle Province.

In its rush to prop up political support in Quebec the Federal Conservative government has agreed to the arrangement with Quebec based on a much disputed boundary document worked out by the Premiers of Quebec and the four Atlantic Provinces back in 1964 but which was never signed off on by Parliament, as is required by the Constitution.

Decades after that agreement came into being, when the boundary between Nova Scotia and Newfoundland and Labrador was finally settled, the courts ruled that the 1964 agreement was not valid but that hasn’t stopped Quebec or the Conservative government from using it in this case.

Newfoundland and Labrador Liberal leader, Yvonne Jones, says she is worried the Old Harry deal is federal "election bait" for Quebec.

"We could stand to gain a lot, or lose a lot. I think it's a real game of Russian Roulette for us”

"We need to get into the details of where the federal government is headed with Quebec on this particular deal. Is it election bait? How much of it are they giving away? Where is our stake into it, and at what point do we come into the picture?"

"I'm absolutely dismayed to learn today that the province of Newfoundland and Labrador was not engaged in this negotiation in any way."

For her part the newly minted Newfoundland and Labrador Premier, Kathy Dunderdale, said that the agreement with Quebec contains a dispute resolution clause the Province intends to invoke in an effort to ensure that the boundary recognized is not the one stitched together in 1964 but one that adheres to the International Law of the Sea as set out by the United Nations. A similar process was used to settle the Province’s boundary with Nova Scotia.

The concern for many in Newfoundland and Labrador is the speed with which the deal seems to have been finalized, what the details of the “accord” entail and the fact that Newfoundland and Labrador will be expected to utilize a dispute mechanism setup without any input from the Province.

Meanwhile, Parti Quebecois Leader Pauline Marois has been quoted as saying that Quebec shouldn't have to get involved in an arbitration process to determine the boundary issues.

Quebec and Ottawa Near Agreement on Oil Well Straddling NL Border

With a Quebec MP, Christian Paradis, in the role of Federal Natural Resources Minister, it'll be interesting to see the outcome of negotiations between Ottawa and Quebec over the Old Harry oil deposit straddling the Newfoundland and Labrador boundary.

The Canadian Press is reporting that a deal is near but what will this deal mean for the people of Newfoundland and and Labrador?

From the Canadian Press:
Federal government says Old Harry negotiations with Quebec going well

QUEBEC - Federal Natural Resources Minister Christian Paradis says talks with Quebec over a disputed underwater energy deposit in the Gulf of St. Lawrence are progressing.

Paradis says he is hopeful negotiations with his provincial counterpart over the Old Harry reservoir will be completed shortly.

Quebec has tried to secure exclusive rights to the reservoir in the past, but the energy deposit straddles the border of Quebec and Newfoundland and Labrador.

The dispute between the two provinces centres around ownership of the seabed and the territorial divide between Quebec and Newfoundland.

Paradis says negotiations are complex, but that it's important to reach a deal soon because Newfoundland already has an agreement in place with Ottawa.

The reservoir could represent billions of dollars in revenue for the two provinces and has a potential output of two billion barrels of oil and 5,000 billion cubic feet of natural gas.

A company has already started exploring the reservoir thanks to a permit from Newfoundland.

Content Provided By Canadian Press.

Double, Double - Oil and Trouble

The new president of ExxonMobil Canada has announced that the oil giant will be moving its headquarters from Halifax to St. John’s.

While ExxonMobil has maintained its head offices in Halifax for some time, with major production and exploration activity on the East Coast clearly centered on Newfoundland and Labrador the incoming president, Meg O'Neill, has decided to move their base of operations to the St. John's area.

This move is expected to bring with it an increased need for high end office space as well as new employment to the region.
Local industry leaders are applauding the decision and say they look forward to working closely with the new president.

Newfoundland and Labrador Ocean Industries Association (NOIA) chair Jack Lawlor says it’s very good news, “...a great business decision for Exxon.”

Meanwhile, also on the oil front, but on a less positive note, as previously mentioned here on Web Talk, a border dispute between Quebec and Newfoundland and Labrador is once again heating up.

This dispute isn’t about the border between Quebec and Labrador, a provincial boundary never accepted by Quebec in spite of its legal standing. This time the boundary is on the sea.
At the center of the dispute is “Old Harry” a potential oil field in the Gulf of St. Lawrence named after the nearest settlement, the village of Old Harry, 80 kilometers southwest on Quebec's Iles-de-la-Madeleine.

The stakes in this dispute, as they could prove to be for the land based boundary, are huge.
Old Harry is a 29 kilometer long field of undersea hydrocarbons, estimated to hold as much as two billion barrels of oil or five trillion cubic feet of natural gas. Only further exploration drilling will determine whether it the field contains gas, oil or both.

According to earlier exploration results, Old Harry could have twice the potential of the Hibernia oilfield or three times the potential of Nova Scotia's Sable Island gas reserves.

Drilling at Old Harry has been stalled for some time because it is not clear where the undersea border lies between the two provinces and because Quebec, unlike Nova Scotia and Newfoundland and Labrador, does not have an agreement with the federal government, which claims ownership of all undersea gas and oil deposits, even inside provincial boundaries.

Newfoundland and Labrador recently fired a shot across Quebec's bow in a letter from Natural Resources Minister Kathy Dunderdale in response to Nathalie Normandeau, her Quebec counterpart.

Normandeau had asked Dunderdale what measures were planned in light of the April 20 Deepwater Horizon disaster in the Gulf of Mexico.

Dunderdale replied that Newfoundland and Labrador had adopted "new oversight measures," had no plans for a moratorium on offshore drilling. Ms. Dunderdale also
noted Normandeau's reference to a " 'cross-border geological structure,' and making the assumption that Ms. Normandeau was referring to the Old Harry prospect.

In her letter Minister Dunderdale stated, "Please be advised that, apart from the line established pursuant to the 2002 award of the arbitration tribunal concerning the delimitation of portions of the offshore areas between Newfoundland and Labrador and Nova Scotia, the government of Newfoundland and Labrador has never agreed to a line demarcating the boundary of its offshore area in the Gulf of St. Lawrence”.

"I hope this response addresses your concerns."

Ken Morrissey, Minister Dunderdale's press secretary, explained that in Newfoundland and Labrador’s view, "There isn't any existing border now."

Quebec disagrees, sticking to the "Stanfield line," agreed to in 1964 by the four Atlantic premiers, led by then Nova Scotia premier Robert Stanfield, but with Newfoundland premier Joey Smallwood also signing on to the line, which would give most of Old Harry to Quebec.

The 2002 ruling Dunderdale refers to was to delineate the offshore boundary between Newfoundland and Nova Scotia on the Atlantic side, not the Gulf.
But Gerard LaForest, a retired Supreme Court of Canada justice from New Brunswick, who led the 2002 tribunal, ruled the 1964 line was not valid because the provinces did not submit it to the federal government, as required in the constitution.

Normandeau, in Sacramento, Calif., to promote Quebec's hydroelectrical potential, told The Gazette Quebec is sticking to the 1964 line.

"Newfoundland has been telling us for years that they don't recognize the 1964 line," the Quebec minister said, adding that her priority is an agreement with the federal government similar to the 1985 Atlantic Accord, which allowed Newfoundland to develop its offshore potential.

And she wants that agreement with Ottawa to "recognize Quebec's full jurisdiction in theGulf of St. Lawrence."

"The federal government is telling us to go negotiate with Newfoundland and we'll see after," Normandeau said.

"We say no, no no, no. Why would we negotiate with Newfoundland if we think there is no problem with the 1964 boundary?”

"There has never been any question of negotiating with Newfoundland."

Normandeau is counting on Christian Paradis, a Quebecer and the federal natural resources minister, to be in her corner on the talks.

"We want to ensure that we get our fair share in our negotiations with Ottawa," she said.

Meanwhile, time is running out for Corridor Resources, the leaseholder on the field.

The company has had a licence from Quebec to drill in its portion of Old Harry since 1996. Corridor also has drilling rights in Newfoundland that expire in 2013. Faced with that deadline and the lack of an agreement between Quebec and Ottawa, Corridor is planning to drill on the Newfoundland side in 2012.

With excerpts from the Montreal Gazette and VOCM news

Will Old Harry Put Ottawa - Quebec - Newfoundland & Labrador at Odds Once Again?

With excerpts from the Vancouver Sun

Que. seeks deal on petroleum exploration in Gulf of St. Lawrence

QUEBEC — The Quebec government on Tuesday called on Ottawa to come to an agreement that would allow oil and gas exploration in Quebec's sector of a multi-billion dollar prospect in the Gulf of St. Lawrence.

The Old Harry formation is one of the largest undrilled prospects in Eastern Canada with an estimated potential for up to two billion barrels of recoverable oil or up to five trillion cubic feet of recoverable gas, making it almost twice the size of the Hibernia oil project.

Old Harry has remained undrilled because Quebec and Ottawa have not struck a deal yet on oil and gas management and revenue sharing. The most likely reason for the delay in striking a deal is the location of Old Harry which straddles a disputed marine border between Quebec and Newfoundland and Labrador.

"This represents a good opportunity and lot of money for Quebec...", said Natural Resources Minister Nathalie Normandeau. "We want to settle this issue for good. Quebec has been very patient and we're taking a firmer line today. We've been waiting for 12 years and now we want to reach a deal."

The minister noted the main two points of contention are the ownership of the sea bed and the boundary between Quebec and Newfoundland in the Gulf of St. Lawrence.

The Old Harry prospect is located in the Laurentian Channel and straddles the Quebec-Newfoundland boundary, agreed to by Quebec in 1964 but still disputed by Newfoundland and Labrador.

Normandeau wants Quebec to come to a deal similar to the ones reached separately by Newfoundland and Nova Scotia with the federal government in the 1980s.

In a statement sent to Canwest News Service, federal Natural Resources Minister Christian Paradis said his government is "willing to work with Quebec and all provinces to ensure a responsible and lasting development of our natural resources."

Corridor Resources, which has the drilling rights to 60% of the Old Harry site announced last month that it will conduct a site survey on the Newfoundland side of the Old Harry structure in preparation for drilling an exploration well.

The PQ fears the company will siphon Quebec's resources through Newfoundland and end up leaving the province short of billions of dollars in royalties.

"We don't want Old Harry to become payback for Churchill Falls," said PQ critic Alexandre Cloutier.

The CEO of Corridor Resources said Quebec's sector of Old Harry remains the most desirable location for an exploration well, but stressed the company has to go where there are no impediments.

"If a well on the Newfoundland side is indicative of a potential, there may not be a followup on the Quebec side," said Norman Miller.

NL's Access to Quebec Hydro Grid Raising Questions

Nearly two weeks ago Newfoundland and Labrador Premier, Danny Williams, stood in the House of Assembly and made an announcement touted by papers across Canada as a turning point for his province.

The mainstream media and the Premier have since waxed eloquently about how Newfoundland and Labrador’s new ability to wheel hydro power through Quebec to American markets may herald the dawn of a new day.

The problem is that it actually means nothing of the sort.

Yes, Quebec has refused to allow just such an arrangement in the past but what does it really mean for the future of Newfoundland and Labrador or its ability to reach markets with the proposed Lower Churchill development?

It means absolutely nothing from that perspective which is why I find myself quite puzzled by the Premier’s apparent elation over the event.

The timing and tone of Premier Williams “ground breaking”, “turning point” announcement earlier this month, simply because Quebec will allow a token amount of power to be transmitted on their under utilized grid, has my gut telling me to be wary.

In order to wheel the more than 3000 megawatts to be generated by the Lower Churchill across Quebec a great deal of new capacity would have to be added to the grid and, just as in the past, every Newfoundlander and Labradorian knows, or should know, that Quebec has no plans to allow anyone other than themselves to build new transmission infrastructure inside their “nation” unless they own, control and reap the profits from it.

Over capacity is one thing. New capacity is something else all together.

Newfoundland and Labrador can kick and scream all it wants. Danny Williams can blow a gasket, grow a new one and blow that. The Canadian Constitution can be quoted chapter and verse on this issue (which supports Newfoundland and Labrador’s ability to access markets) and it can be proclaimed from the highest mountains but in the end Ottawa, as it always does, will acquiesce to the demands and desires of vote rich Quebec. Newfoundland and Labrador be damned.

None of that does, or should, come as a surprise to anyone living in Newfoundland and Labrador for more than five minutes. What has come as a bit of a shock is Danny Williams apparent need to “spin” the Province’s ability to export a paltry 200 megawatts of power, with Quebec’s blessing, as some sort of major breakthrough.

It’s more than a little odd to this observer that the Premier would be touting this as a victory and claiming it bodes well for future developments when that clearly isn’t the case.

Has political expediency and the need to “play well at home” trumped reality for yet another of Newfoundland and Labrador’s Premiers?

Has Premier Williams been listening to his own publicity team for so long now that he’s actually started to believe them?

Don’t get me wrong, on the whole I like what the Premier has done over the past couple of terms and I’ve been happy to back him on the issues he’s been strong enough to take a stand on, but this one has me baffled.

Why would the Premier of Newfoundland and Labrador consider it a shining moment for his Province simply because Quebec made a token gesture at a time when they plan to develop a multi-billion dollar hydro project just outside the Labrador border?

Ever since that border was defined in 1927 Quebec has disputed its exact location.

Did Quebec really turn a page with this recent announcement or is Premier Charest hoping Premier Williams won’t make too much fuss about the fact that one of the grey areas in the 1927 border decision just happens to contain the headwaters that will feed Quebec’s massive Romaine hydro project?

As has often been said, “He who controls the headwaters controls the project.”

Recently I requested specific clarification from the government of Newfoundland and Labrador concerning the border and its relationship to the headwaters of the Romaine River. To an untrained eye, which I am not ashamed to say I have, it’s debatable as to which Province can stake claim to those waters.

To date there has been no response but I continue to wait (im)patiently.

When it comes to the “big” announcement a couple of weeks ago I’m not accusing anyone of anything underhanded but I certainly have questions.

In 2005 Professors Feehan and Baker released a research paper on the Upper Churchill renewal clause. That paper contained previously unknown evidence pointing to the use of coercion and inside information as the means by which Newfoundland and Labrador was forced into signing the disastrous Upper Churchill contract. It concluded that a legal challenge could be made.

Since that time the Williams’ government has never openly discussed those findings or pursued a legal challenge to the contract. Instead, the provincial government later released the Province’s long term energy plan. A document that makes no mention of attempts to rectify the Upper Churchill debacle and contains a plan that extends until 2041, the same year the contract will have run its entire course (without challenge).

In 2008 the Williams government quietly sent a letter to the joint Quebec/Federal panel reviewing the environmental impacts of the Romaine hydro project. The letter expressed concern about the misrepresentation of the Southern Labrador border on maps being used for the process. It made no mention of any concern with Quebec pushing ahead on a project that might depend on headwaters inside Labrador.

The letter was sent to the review panel without any fanfare, publicity or notification of the media. It was only through a chance discovery but one local reporter that the letter ever became public knowledge in the first place.

Why was so little concern expressed about the project and the headwaters and and why was the letter sent so quietly?

In recent months Premier Williams has publicly stated on several occasions that he has no concern with Quebec’s Romaine River hydro development. How can this be the case given our history?

After being fleeced for decades on the Upper Churchill, if the Romaine’s headwaters are indeed inside Newfoundland and Labrador territory doesn’t that mean that Newfoundland and Labrador should have a stake in the project?

Does the lack of concern mean the provincial government simply plans to let Quebec push forward with no financial benefit accruing to Newfoundland and Labrador from what amounts to yet another of its extremely valuable natural resources?

If so, why would anyone do that?

Could it be that the “token gesture” made by Quebec in allowing a small amount of power to be sold through its grid was a down payment to the Provincial government on a promise to support the Lower Churchill development once the Romaine has been completed?

If so, is a promise like that worth the paper it could never actually be written on?

These are questions that need to be answered.

There may indeed be very rational and reasonable responses to each of them but they need to be asked and answered.

I don’t mean to sound like a conspiracy theorist but I can’t help it. The celebratory position taken by Premier Williams, not to mention the copious level of high praise, encouragement, kudos and smiley faced pats on the back flowing like sweet molasses from the national media over what amounts to a mundane non-event, has me wanting those answers sooner rather than later.

Web Talk Exclusive - NL to Address Labrador Boundary with Federal Agencies

On several occasions over the past years Web Talk has brought the Quebec / Labrador boundary dispute to the attention of its readers. The most recent time was in the February 12th article, “Through the Looking Glass – A Constitutional Crisis in the Making”.

Quebec’s decades old refusal to accept the official boundary between itself and the Province of Newfoundland and Labrador, specifically in the area of Southern Labrador is an issue that cannot be ignored.

The boundary was officially determined by the Privy Council in 1927, more than 20 years before Newfoundland and Labrador became Canada’s newest “Colony” and was recognized by the Canadian Constitution when it was written into the Terms of Union in 1949, a fact that Quebec continues to openly ignore.

All official Quebec maps depict a border which extends well into Labrador.

This is an issue that has been on the radar of Web Talk and many of its readers for a long time now and while the provincial government recently issued a letter of concern over maps in use by a federal / provincial panel reviewing the environmental impact of Quebec’s Romaine River hydro project, little else has been said about the issue thus far.

Personally I couldn’t care less if the government or people of Quebec want to delude themselves. The real problem becomes clearer when one considers the potential for Quebec’s position to be accepted outside that province.

They say perception is reality and the boundary issue is a perfect example of this adage.

Quebec has been using their “corrupted” maps for so long now that they are now beginning to convince Federal agencies that their fantasy is factual.

The use of erroneous maps by a joint Federal / Quebec environmental panel, which finally spurred the Newfoundland and Labrador government to voice its concerns, is just one case that proves the point.

Shortly before publishing the February 12th article Web Talk, as it has done in the past, brought the issue directly to the attention of the provincial government.

This time, instead of simply focusing on maps issued by Quebec, Web Talk also provided the government with maps currently in use by Federal agencies, specifically the CBC and the Department of National Defense, which also depict the erroneous border.

A response to that correspondence arrived a few days ago.

While it seems they still do not believe the issue is a major concern, at least nobody in government can claim they are not aware of the growing acceptance of Quebec’s position within Canada. The Minister of Natural Resources, Kathy Dunderdale, has committed to address the concerns presented to her by contacting both of the federal agencies involved.

Here is the Minister’s response in its entirety.

RE: Quebec Boundary

On behalf of Premier Williams, I thank you for your e-mail in which you provided examples from numerous sources of the erroneous Labrador/Quebec boundary line.

The inaccurate depiction of the boundary between Newfoundland and Labrador and Quebec, as described in your e-mail, is a matter of concern for the Province. However, we are confident in the legal and binding nature of the interprovincial boundary as set out in the 1927 decision of the Judicial Committee of the Privy Council and the Constitution of Canada by Term 2 of the Terms of Union of Newfoundland and Labrador with Canada. The Government of Quebec is well aware of our displeasure about their use of the fictional boundary. Their continued use of that depiction is disrespectful, but will have no real effect on the constitutional reality of Canada.

The inaccurate depictions of the boundary in images used by the federal government and the Canadian Broadcasting Corporation are new developments and we appreciate you bringing them to our attention. We will contact the Department of National Defense and the CBC to ensure that these errors are corrected immediately.

I thank you for your interest in this matter. We will continue to be vigilant in the protection of our sovereign territory, including the Labrador/Quebec boundary.

Yours sincerely,

Kathy Dunderdale

c. Honourable Dave Denine, Minister Intergovernmental Affairs

Through the Looking Glass - A Constitutional Crisis in the Making

Much has been discussed in Newfoundland and Labrador in the past day or two about a potentially flammable situation developing between Quebec, Newfoundland & Labrador and the federal government over claims by Quebec that a large portion of Labrador rests inside its provincial border.

There appears to be a lot of misinformation of the facts being put before the public by some media outlets, either innocently or intentionally, so in an effort to summarize the reality of the situation, here are the facts as they currently stand:

More than a week ago reporter, Rob Antle, with the newspaper “The Telegram” wrote a story about an impending border dispute between Newfoundland & Labrador and Quebec. He was not informed by any official source in government but uncovered the situation himself.

Earlier this week the Globe and Mail ran a front page story highlighting the same situation.

Here it is in a nutshell.

Quebec Hydro, an arm of the Quebec provincial government, in conjunction with the Federal Ministry of Environment, is in the midst of an environmental assessment before breaking ground on a major hydro development on Romaine River which, along with four other rivers, spans the border between the two provinces.

All “official” maps of the area that were supplied by Quebec, and accepted by the joint committee wrongly depict a large portion of Labrador, containing the head waters of all of those rivers, including the Romaine, as being fully within the boundaries and jurisdiction of the Province of Quebec.

The article in the Globe & Mail pointed out that by accepting those maps for the environmental assessment the federal government was implicitly accepting Quebec’s claims that it controls a section of Labrador as well as the head waters of the rivers they plan to exploit for a massive power generation project.

The government of Newfoundland and Labrador was not invited to participate in the review process and only found out about the situation months later.

Upon learning of the situation back in November, the province of Newfoundland and Labrador submitted a six page document, plus maps, that did little more than point out the problem at hand and express displeasure with the process underway.

No demands to cease the process were made.

As far as anyone can tell no further actions have been taken or are planned.

Officials at the Ministry of the Environment told the Globe & Mail that any territorial dispute is a matter for the provinces to resolve.

This is not correct.

The border in question was clearly identified and ruled upon in 1927 by the Kings Privy Council in England, long before Newfoundland and Labrador ever became a Canadian province.

It was a ruling that both Canada and Newfoundland and Labrador (a separate Dominion) accepted, both being Nations constitutionally ruled by the British North America Act at the time.

That 1927 border ruling was also clearly reiterated and agreed upon in the first two paragraphs of the Terms of Union by which Newfoundland and Labrador entered Canada. It is now tied to the Canadian Constitution making it a Constitutional issue.

Quebec never signed onto the Canadian Constitution and it has never accepted the 1927 Privy Council border decision.

For years Quebec’s maps, be they tourist, topographical, mineral exploration, election riding or any other form, have depicted its unsubstantiated claims to Southern Labrador.

Reports are now surfacing from long time political figures that at least twice in the past several decades the Quebec government has tried to quietly coerce or maneuver a Newfoundland and Labrador Premier into handing over the region to them.

With this in mind the actions of Quebec and acceptance of them by Federal Officials, who are proceeding with the environmental process in spite of the facts, have led to a great deal of concern among the general population in Newfoundland and Labrador. Yet Premier Williams and his government, as well as Federal MPs are oddly silent on the issue.

Since the dispute became public knowledge, neither the Premier nor anyone else in his government have issued any kind of official statement addressing the concerns of the people or outlining what they intend to do to protect the province’s territorial boundary.

In such a tension filled situation rumors and speculation often fill the void when facts are not available. Premier Williams is not known as the sort of man who sits quietly by when major issues arise so his silence on this file has led to widespread speculation that perhaps something unsavory is happening behind closed doors while the citizens of Newfoundland and Labrador are being kept in the dark.

They worry that the environmental process is due to be completed in just two weeks and if something is not done to address the issue quickly it may be too late.

If one nation attempted to unilaterally take control of territory that was part of another it would be considered an act of war. Taken in that context, Quebec cannot be allowed to proceed with what amounts to an overt act of aggression against Newfoundland and Labrador

Ottawa Gives Implicit Nod to Quebec Annexation of NL Lands

The following article appeared in today’s Globe and Mail. It should be of great interest and concern to everyone in Newfoundland and Labrador.

The entire article speaks volumes about the attitude of Quebec and Ottawa toward Newfoundland and Labrador.

Take special note of the following passages within the article. They speak volumes:

“The federal government has sided with Quebec ...”

“…the federal government appears to have given tacit approval to Quebec's claim.”

“Ottawa says that any territorial dispute is a matter for the provinces to resolve.”

Web Talk Note: I guess it doesn’t matter to Ottawa that the border was, with NLs entry into the federation, written into the terms of union making it a constitutional issue. The constitution didn’t matter when during the Upper Churchill development so why would anyone be surprised that it's being ignored again at the expense of Newfoundland and Labrador.

“…the federal government appears to have given tacit approval to Quebec's claim.”

“The boundary has never been successfully surveyed. The last attempt was abandoned in the 1980s after the two provinces concluded the issue was too politically sensitive to tackle.”

Web Talk Note: This likely means that the Premier at the time was Conservative Brian Peckford, since both Rideout and Wells spent very little time in office during that decade. Why did no Premier, either Liberal or Conservative, do anythin about this? Once again we have a Conservative Premier in office who in 2006 said the border situation was not a concern for him. What’s up with that?

"Mr. Charest expressed confidence recently that the project will begin as planned..."

I bet he did. Anyway, enough of the analysis and comments. Here's the article:

Power play pits Quebec against Newfoundland

Where do headwaters of rugged Romaine River lie? Both provinces claim land where boundary has never been successfully surveyed

RHÉAL SÉGUIN
From Wednesday's Globe and Mail
February 11, 2009

QUEBEC — The federal government has sided with Quebec by agreeing to hear the province's argument that a multibillion-dollar hydroelectric project is on Quebec territory, land also claimed by Newfoundland and Labrador.

The natural-resources fight pits Danny Williams's province against Quebec's plans to build the Romaine River hydroelectric project. Newfoundland has told Ottawa that Quebec's claims to the land are "invalid" and any such development by Hydro-Québec is "contemptuous of the Constitution of Canada."

Hydro-Québec is proposing to begin developing the 1,550-megawatt project as early as next summer, at a cost of $6.5-billion. It is waiting for the joint panel's environmental assessment report that will be submitted to the Quebec and federal environment ministers on Feb. 27. Both governments will then have up to 60 days to release the report before making their recommendations regarding the project.

Simply by participating in the joint Quebec-Ottawa environmental assessment panel, the federal government appears to have given tacit approval to Quebec's claim.

At issue is a substantial portion of a 3,500-kilometre-long boundary of rugged territory dividing Quebec and Labrador. The boundary has never been successfully surveyed. The last attempt was abandoned in the 1980s after the two provinces concluded the issue was too politically sensitive to tackle.

"Politically this was a real hot potato and it still is," said Eric Jerret, who at the time was president of the Association of Land Surveyors of Newfoundland and Labrador. "But now pressure is coming to bear on the governments to settle this. It's the only border in Canada that hasn't been surveyed. It can't be left unresolved much longer."

At some point it will have to be decided where the mining rights, property rights and especially the headwaters of five major Quebec Lower North Shore rivers reside. That could impact future hydroelectric and other economic developments. More importantly, it could revive tensions between the two provinces at a time when closer co-operation will be needed to develop power and transportation links.

For instance, Newfoundland resident Burford Ploughman has been working on developing a permanent transportation link between the two provinces across the Strait of Belle Isle. He was a member of the 1979 federal Commission of Inquiry into Newfoundland Transportation and fears a confrontation between the two provinces could harm potential progress on key issues.

"The federal government's position isn't helping matters. Are they going to use the Quebec border instead of the Newfoundland and Labrador one? How can they do an [environmental] assessment? If they do, does it mean they are recognizing Quebec's border rather than ours? That's the central question and in two weeks' time they're going to make a decision," Mr. Ploughman said.

A 1927 ruling by the Privy Council, confirmed in the Terms of Union with Canada, concluded the headwaters of the Romaine and four other rivers are in Labrador. Quebec has always considered them as being part of its provincial territory.

"The headwaters and entire watersheds of the Romaine and the four other major Quebec North Shore rivers appear, incorrectly to be within Quebec," the Government of Newfoundland and Labrador stated in its Nov. 27, 2008, brief to the joint review panel.

"It is unacceptable that the federal government would accept a document as sufficient with such a glaring error of fact and law, especially one which is inconsistent with the Constitution of Canada."

The statement implies a constitutional battle may be in the making if Ottawa doesn't act soon to support Newfoundland and Labrador's claim to the land.

A spokesperson for Mr. Williams said yesterday the Premier refuses to say whether he will act to stop Premier Jean Charest from proceeding with the Romaine River hydroelectric project.

At the federal Ministry of the Environment, officials didn't appear to be aware of the potential confrontation. Ottawa says that any territorial dispute is a matter for the provinces to resolve.
"It will be up to the provinces to respond.

The environmental assessment commission will make recommendations to help alleviate possible adverse effects of the project on the environment ... But it isn't in the commission's mandate to take a position on territorial issues such as this," federal Environment Ministry spokeswoman Lucille Jamault said.

Mr. Charest expressed confidence recently that the project will begin as planned, insisting it has become a centrepiece of his government's strategy to create jobs at a time of recession.

UPDATE - 10:09 PM

The following letter was sent to Premier Williams a few minutes ago. If you would like to voice your concerns as well, the Premier's email address is: Premier@gov.nl.ca

To Premier Williams
cc.The Telegram (for publication)

Premier Williams,

I have copied this letter to the Telegram and to VOCM because I'm sure, like myself, most of the people in this province are very concerned about the constitutional challenge Quebec, with the implicit approval of Ottawa, is making with regard to the annexation of southern Labrador.

I also believe that they would like you to clearly state for the record what your government is doing to ensure that the environmental process now underway, and scheduled to be completed in just two weeks, does not proceed until the border is clarified for all of those involved.

The border between NL and Quebec is clearly defined in the Terms of Union with Canada however, knowing our past history when it comes to dealing with Quebec, it is not good enough to depend on Ottawa to respect the Constitution. The happenings around the Upper Churchill are proof enough of that.

If one nation attempted to unilaterally take control of territory inside another it would be considered an act of war. Taken in that context, we cannot allow Quebec to proceed with what amounts to an overt act of aggression against Newfoundland and Labrador

I look forward to your timely response.

Sincerely,
Myles Higgins

NL Challenges Qubec over Provincial Border

A document has been filed by the Newfoundland and Labrador government with the joint environmental review panel assessing a Quebec Hydro plan to develop three new projects on the Romaine River.

The documents identifies the provinces concerns with the process and the maps being used in the process which depict the head waters of the Romaine River as being inside the province of Quebec. The document was filed on November 27th 2008 but only came to light this week when it was discovered by local media.

A number of times in the past I’ve raised the issue of the Quebec government’s insistence that a large swath of the Labrador portion of Newfoundland and Labrador actually belong to them.

Maps displaying portions of Labrador as belonging to that province have been in wide spread use in Quebec for decades and are still in use today.

Not only are official Quebec provincial maps depicting a part of Southern Labrador as falling under Quebec jurisdiction but in addition to official electoral boundaries maps, tourist maps, mineral claims maps and those produced by Quebec Hydro including the erroneous border, Official Canadian Armed Forces maps depicting the Quebec patrol area now include that area of Labrador as well.

This ongoing attempt by Quebec to claim territory clearly belonging to Newfoundland and Labrador has been a concern for this writer for some time. I know that I, and others, have brought it directly to the attention of the Newfoundland and Labrador government on several occasions.

I don’t know how others have faired when it comes to getting any kind of response from official channels but I can tell you that I’ve had no response at all.

I’ve always felt that this problem is one of those “sleeper” issues that nobody in power seems to be concerned about but which can, and probably will, turn out to be much larger and far more important than most people realize.

Perhaps that concern is about to be confirmed. Only time will tell.

In the submission the government of Newfoundland and Labrador claims the border is “invalidly depicted”, and expresses deep “concern” about not being consulted by either Hydro-Quebec, the government of Quebec or the Canadian Environmental Assessment Agency over the issue.

Among other concerns, including the depiction of a non-existent maritime boundary drawn through the Strait of Bell Isle, the submission also notes, "…the headwaters and entire watersheds of the Romaine and the four other major Quebec North Shore rivers appear, incorrectly, to be within Quebec."The submission by the Province requests that these inaccuracies be addressed before any assessment is completed and that issues related to potential environmental impacts inside Labrador be fully addressed.

The document officially presented on behalf of the government of Newfoundland and Labrador appears to be a major departure from its past practice of ignoring Quebec’s boundary claims and is in direct contrast to Premier William’s comments just over two years ago.

At that time Mr. Williams told the St. John’s Telegram, “I don't even understand why it's being raised ... the boundary is not an issue for us. Every so often it will come up on a Quebec map showing the border being wrong, but from our perspective it's not a concern.”"I wouldn't even raise it - by just raising it, with all due respect, even doing articles on it just acknowledges maybe there is an issue here, in the minds of Newfoundlanders and Labradorians."

This about face begs the question, why has Premier Williams, long viewed as standing up for his province, as ensuring “no more giveaways” and who has nurtured an image throughout Canada that he is willing to take on the biggest of the big, not more proactive on this issue?

It also begs the question of whether or not the government of Newfoundland and Labrador is finally challenging Quebec over this issue at the request of the Premier or in spite of him.