Da Legal Stuff...

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Friday, July 29, 2005

For Sale: The Province of Newfoundland and Labrador?

For Sale: One Canadian Province, going cheap. Spacious, pristine and hardly used by owner. Please contact the government of Newfoundland and Labrador for more information.

I personally don’t recall ever seeing this ad appear in the classifieds, but apparently it must have. Why else would so many major corporations think they can walk away with the province’s lands, forests, fish, minerals, oil and waters?

Over the past 50+ years countless instances of plundering and attempted resource raping have taken place in the province.

There was the infamous giveaway of Churchill Falls, a recent plan to build a pipeline from an iron ore discovery in Labrador to a processing plant in Quebec and even the theft of fish quotas by Fishery Products International in Harbour Breton. It seems like these companies feel the province is nothing more than a giant bargain basement where everything must go, go, go!

One of the worst examples of this type of mentality took place just this week in the case of Abitibi Consolidated and its demands on the province and people.

Abitibi, one of the world’s largest newsprint manufacturers has been logging and milling paper in Newfoundland and Labrador for decades. This effort has provided thousands of jobs over that time and communities have grown up around the company’s mills. Now, even though they have been given millions in benefits from the province over the years and have had generous access to forest resources, they have decided to make a grab for the entire province.

Recently Abitibi informed the government and the public of plans to shut down their mill in Stephenville and one of two paper machines in Grand Falls-Windsor, putting hundreds of people out of work and devastating a dozen or more communities dependent on mill and logging employment.

The only thing the government has to do to avoid such a catastrophe is to build power generating plants, which would be owned by Abitibi (at an estimated tax payer expense of $300+ million), and give the company (free of charge) first rights to every single stick of wood in both Labrador and the island of Newfoundland. Simple really and what a bargain.

It’s hard to understand why the current government wouldn’t jump at the offer. After all, it would save those jobs and the only cost would be about 10 to 15 percent of the money the province picked up from the Atlantic Accord re-negotiations, giving Abitibi control of the second largest power source on the island even if they shut down both mills in the future.

Of course it would also mean that Abitibi, in essence, would own every birch, spruce, fir, pine and apple tree in the province, but who needs them. Don’t they just serve as breeding grounds for black flies and a hiding place for pesky beavers and moose anyway?

It’s really amazing the gall some of these companies, but what is even more depressing and disheartening than this type of corporate mentality is the tendency of governments in the province to buckle under to such demands.

As of the time this article is being written, the provincial government has said they will not get into this type of deal with the company. I applaud them for that, but I also wonder. As we all know, governments have a way of saying one thing and doing something completely different.

If no deal is made, the Stephenville mill will almost assuredly be shut down. The province does hold one ace up its sleeve when it comes to the Grand Falls-Windsor mill however.

Currently legislation exists that would strip abitibi of most of its timber licences in the province should they fail to maintain a two machine operation in Grand Falls-Windsor. Provincial leaders have vowed to hold the company’s feet to the fire on this one, but will they?

When Fishery Products International requested changes to the FPI Act there was a furor and politicians lined up to go to battle. FPI wanted government to make changes to legislation allowing them to sell off a part of its marketing division. In the end, in one of the oddest votes ever seen in the Newfoundland and Labrador Legislature, the act was changed and FPI got exactly what they wanted. It makes one wonder what will happen this time.

All indications are that the people of the province and even the hard working people most affected by this move, the mill workers and loggers, are fully in support of telling Abitibi exactly where to go. They would rather see both mills shut down than submit to this type of blackmail.

I don’t believe any government could hope for a stronger mandate than to have the union representing mill workers telling them to let the company shut down if that’s what it takes. Hopefully this endorsement will have the desired effect and officials will take the high road rather than giving away the shop.

Years ago the owners of a similar mill in Corner Brooke closed up shop and moved on. It didn’t take long for another company to see the benefit of the operations and to move in. Currently this mill is thriving. There is no reason the same shouldn’t happen again.

The current mills in the province produce one of the cheapest selling forest products in the world rather than high end products like building materials. For heaven’s sake, even the toilet paper used in the province must be imported.

It’s time the province waved goodbye to poor corporate citizens like Abitibi that have been the mainstay of the economy and said hello to those who would see new and innovative products produced for the benefit of themselves and the people in the area.

Let’s all hope our leaders stick to their guns and tell the blood sucking vultures running this company that they will not have publicly funded hydro projects given to them carte blanche and they do not and will never own the provincial forests. Let them know that the people of the province can live without them and oh, bye the way, don’t let the door knob hit you in the butt on the way out.

Tuesday, July 26, 2005

The Feds Giveth and the Feds Taketh Away.

To all of you who viewed the dripping prose and rosy sentiment of my last article with disgust, I deeply apologize, and to those who enjoyed the fact that I had stopped to reflect on the sunny side of things for once, I'm glad you enjoyed it. Unfortunately for the latter, I must inform you that my medication has now worn off and so has my chemically induced complacence. Having gotten that out of the way, let’s get down to business.

The topic for today has to be the current provincial / federal sparring over who should chair the CNLOPB (Canada Newfoundland & Labrador Offshore Petroleum Board). For those not familiar with the situation, let me fill you in on the background. This board basically deals with offshore oil related issues in the province and according to Premier Williams, the chair of the board is basically the "guardian of the Atlantic Accord".

In order for a new chair to be appointed, both levels of government must agree to the candidate. Some time ago candidates were put forward but an agreement on the final selection could not be made. As a result, an independent panel was setup to deliver a slate of candidates, create a short list of those available and determine who the best candidate might be. Enter the problem.

When the short list was provided to the province, Premier Williams was not pleased with the results and instead offered up a new possibility for the position, none other than current St. John's Mayor of St. John’s and all around S#%T disturber Andy Wells. This did not sit well with Liberal MP Elmer Fudd oops, I mean John Efford.

Once again the historically dysfunctional relationhip between the province and Ottawa has moved to the fore. Swords are rattling, the rhetoric is flying around like so much pizza dough in Little Italy. The test of wills has begun in earnest once more. Don't let the pats on the back and handshakes that inevitably take place after big some big deal fool you. The province has never had a smooth relationship with the Ottawa elite and it’s doubtful it ever will.

Neither side seems to be backing down which of course leaves Mr. Wells hung in a kind of limbo. He doesn't know if he will get the job, which means that he doesn't know whether or not he should gear up for a mayoral campaign due in the fall.

There are a number of reasons that Mr. Efford might be opposed to this particular appointment. Perhaps he's still sore over the fact that Mr. Wells backed the province during recent Atlantic Accord talks by speaking personally with Paul Martin and participating in the so called "Flag Flap".

Perhaps Mr. Efford and the Liberal government are still sore over being bested in the previously mentioned negotiations and just want to win one for a change. Perhaps they feel that Newfoundland and Labrador must be made to pay for their insolence.

Any of the above might be the reason for the current federal stance, but I would prefer to give our national leaders a little more credit than that. I doubt they would be so petty as to hold the past against the province, especially when a reason exists that might benefit them way beyond a few high fives in the back rooms of the parliament buildings.

Could the real reason be the fact that Mr. Wells' own personal mentality would never allow him to do anything that might short change the province by one thin dime? Mayor Wells may well be one of the most controversial municipal leaders in the country, but I doubt anyone can accuse him of being anything but a tiger when it comes to building revenues in his constituency.

Don't get me wrong, I don't blame Mr. Efford for the stance he's taken, after all ever since entering federal politics he’s been nothing more than a mouth piece for Paul Martin. He has lost all sense of pride in his province and has tried to short change Newfoundland and Labrador on several major issues over the past year or so. Not the kind of guy who would want to interact on a regular basis with someone like Andy Wells. After all, by comparison, Mr. Wells is the kind of man who might consider throwing his own mother over a wharf if it meant increasing revenues for the capital city or province.

Instead, Mr. Efford (and by extension Paul Martin) would rather see a more fed friendly personality sitting in the big chair. One who's strings can be more easily pulled. The only question is, which liberal friendly supporter does Mr. Martin owe the next patronage appointment to?

I wouldn't want to speculate on who the puppet finally selected might be (though I could), but after the intense negotiations that took place over the Atlantic Accord, you can bet your last dollar it will be someone who answers to the federal piper. Someone who will ensure that Newfoundland and Labrador gets as little as possible from future dealings with Ottawa.

Oh well, you can't win them all. The feds giveth and the feds taketh it away.

Thursday, July 21, 2005

From Bricks to Bouquets, the Side Effects of Headache Medication

Due to the nature of the columns I've written and the comments I've made in the past, I have all too often been labeled everything from a whiner to a malcontent. There may be some merit to those words. I have to admit that I cannot fully disagree with all of the adjectives that have been hurled in my direction. Whiner or not, I have always been of the opinion that it’s the squeaky wheel that gets the grease. I have seen this theory proven too many times to change my mind now.

Nobody ever sparked change or improved their lot in life by quietly accepting the status quo.

In past commentaries I have taken exception with everyone from NASA to the Newfoundland and Labrador Legislature and from Paul Martin to Gerry Byrne, especially Gerry Byrne. I don’t hide from the slings and arrows shot at me when I make the comments I do, nor do I rail against them. Rather, I cherish every one of those words. Pro or con, they speak to one thing I hold dear to my heart. The fact that people are listening and a dialog is taking place. That after all is the only thing one can hope for.

Today though is different. Maybe it’s the beautiful weather we are experiencing at present or maybe it’s the potential overdose of ibuprofen I ingested this morning, regardless, today, in an effort to prove that I am not all gloom and doom I’d like to toss out a few bouquets and focus on some of the good things all around.

The first bouquet I offer has to go to none other than Newfoundland and Labrador’s reigning premier, Danny Williams.

Since his election, Premier Williams has taken on Ottawa and won. He has lain down the law to major oil companies, hoping to do business in the province, and (whether intentional or not) he has ignited a spark of resolve within the province, the likes of which has not been seen for decades.

This is not to say there haven’t been bumps along the road. Mistakes have unquestionably been made and many issues still remain to be resolved, but all in all, the direction Newfoundland and Labrador has taken under its current leadership, is one that everyone in the province should be proud of.

This naturally leads me to the second set of congrats I'd like to offer. This pat on the back has to go to the people of the province themselves.

I’ve lived in the province for most of my four decades and have heard much about it, but I have never witnessed the spirit of the fighting Newfoundlander as it exists today. It is a force that has suddenly appeared like a galleon through the mist. A force that can almost be felt in the very air we breathe.

Everywhere one looks these days, green white and pink flags of old are flapping from garden and rooftop poles. Open line programs are continuously buzzing with discussions on every conceivable topic and protests over everything from fisheries to health care are happening on an almost daily basis. The fighting spirit of Newfoundlanders and Labradorean’s has been awakened and that cannot be a bad thing.

Although I often comment on what I see as our provincial and more pointedly, our country’s short comings, there are good things happening and those also deserve attention before my medication wears off.

The economy of this province is growing by leaps and bounds. The oil industry off the provinces coast now accounts for about 25% of Canadian production. Provincial mineral deposits, timber and hydro potential are in demand like never before. Our tourism industry is growing, as are our music and film industries. All of these things point to a very vibrant and healthy future. One we all hope to be a part of.

Thanks to the province’s growing economy and the strong spirit and vision of its people, for the first time in the history of Newfoundland and Labrador’s union with Canada the province can sit at the table and dine on the fine cuisine of confederation like an equal rather than arriving at the banquet and begging for a stale roll.

There are indeed a lot of good things happening but the battle is far from over. In future articles I will no doubt revert to my old ways. There will be complaints, demands for action and the sarcastic comments you have become accustomed to. That’s in the future.

Today the sun shines outside my window, the breeze smells of wild roses and everywhere I look I see the smiling happy faces of neighborhood children.

On a day like this its hard to look at the down side. It’s much easier and perhaps even beneficial to sometimes stop and smell those roses. It’s heartwarming and comforting to listen to the children’s laughter and see the possibilities for a bright future in the freshly scrubbed slate that is the face of a toddler. A toddler whose world is one of beauty, absolute wonder and endless possibilities.