Da Legal Stuff...

All commentaries published on Web Talk are the opinions of the contributor(s) only and do not necessarily represent the position of any other individuals, groups or organizations.

Now, with that out of the way...Let's Web Talk.

Sunday, March 27, 2011

"Nobody’s paying attention so it doesn’t matter"

As Thomas Jefferson once said, "The price of freedom is eternal vigilance".

Unfortunately, as individuals in nations such as Libya, Egypt and elsewhere offer up their lives for the opportunity to cast a ballot, in Canada we’ve very cunningly been led to a place where voting is something we avoid like the plague and the term “election” has become a dirty word.

Has Stephen Harper tossed aside the Jefferson approach to democracy in favor the Nixon playbook?

There are those who might be tempted to accuse this writer of crossing the line with such a statement but who is it that's actually crossed the line?

When, for example, did such self serving statements as, “…nobody’s paying attention so it doesn’t matter…” become a valid reason for rampant political acts of fraud, forgery and deceit?

I’m not sure anyone can actually pinpoint a specific date on the calendar, yet here we are.

I’ve been around long enough to know that politicians and parties have participated in underhanded acts since the dawn of time, but anyone who’s been following the Canadian political debate of late has witnessed a monumental shift from the age old secretive acts of deception to outright pride in the ability to pull a fast one.

Today the attitude appears to be that it’s OK as long as nobody notices.

As citizens we can waste our time blaming the politicians themselves if we choose but the reality, regardless of the level moral bankruptcy on display in Ottawa, is that most Canadians truly aren’t paying attention and the Nation’s leaders are getting away with it. In the dog eat dog world of politics those running for public office would be laughed out of their respective caucus rooms if they failed to take advantage of this fact and to promote this public inattention. It's sad but true.

The current attitued among Conservative party members can only be described as one of taking pride in their utter disrespect, even disdain, for every man, woman and child from sea to sea to sea.

There’s no doubt that all sides of the political spectrum are fully capable of underhanded acts, but anyone who has sat through even one interview with a Conservative MP, Senator, spin doctor or pundit lately will have lost count of the number of times they’ve been boldly told that “…nobody cares about it…” or “…it doesn’t matter because nobody is paying attention…”.

How sad is the state of our political system when a sitting government is comfortable relying on such platitudes without making even a feeble attempt to explain their actions?

In the past few months alone a sitting government Minister altered a document after it was signed off on by officials, 4 high ranking Conservative party members are facing criminal charges, Elections Canada and the courts have found the Conservative party guilty of nothing less than election fraud for “laundering” hundreds of thousands of dollars during the last election and the Speaker of the House has ruled against the government for refusing to provide financial information required by the Commons and for misleading Parliament.

Through it all, the only explanation offered by anyone on the Harper government payroll is to repeat the mantra of, “…nobody cares…” or “...it doesn’t matter because nobody is paying attention…”.

The saddest part about this shift in political tactics is that it’s actually working.

Clearly those who brush aside concerns about such reprehensible acts show how little respect they have for Canada’s political system, not to mention the public, but they are not wrong, at least when they say nobody is paying attention. People aren’t and as a result they are indeed getting away with it.

The attitude of today’s political elite allow them to downplay their illegal and/or immoral acts and serves the agenda of increasing the level of voter apathy across Canada. A reality that few can argue when you realize that during the last federal election slightly more than 58% of eligible voters actually went to the polls. The result: the Conservative Party formed government with only 37% support. Thanks to their ability to encourage their core supporters while reinforcing the feelings of apathy among those who don’t lean to the Right.

With the state of our political situation one might well expect voter turnout in the upcoming election to drop even lower. Not because nobody wants an election (another tag line popular in Conservative circles) but because the very act of disrespect that comprises the thrust of this article has, quite intentionally, left so many people with a bad taste in their mouths.

In this light, it’s not a stretch to say that the Conservative Party of Canada isn’t actually running a campaign against the Liberals, the NDP or the Bloc, but against the citizens of Canada.

(As a side note for readers in Newfoundland and Labrador, Fabian Manning has apparently decided to run for the seat in Avalon. You remember Fabian right? He's the one who, when last sent to Ottawa, stood beside PM Harper in the House of Commons cheering, laughing and clapping as the PM ridiculed the Province Manning was elected to represent over its demands that he live by his promises on the Atlantic Accord. Welcome back Fabian.)

Friday, March 25, 2011

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.

Sunday, March 20, 2011

Newfoundland & Labrador Shut out of Atlantic Gateway Initiative?

The more things change the more they stay the same in Newfoundland and Labrador, or more precisely, WITH Newfoundland and Labrador in Canada.

Based on a recent article in the St. John’s Telegram and from information provided by the Liberal MP from Humber-St. Barbe-Baie Verte, it appears the province may well be shut out of Billions of dollars in funding for the Atlantic Gateway project approved by Ottawa and the provinces nearly 4 years ago.

Excerpts from the St. John’s Telegram:

In October 2007, Trevor Taylor — then Newfoundland and Labrador’s minister of innovation, trade and rural development — signed an agreement with the three other Atlantic provinces and the federal government to develop the roads, railways and ports necessary to make the region a hub of international trade.

Peter MacKay, the Nova Scotia Member of Parliament and minister responsible for what was called the Atlantic Gateway, called the concept a “smarter approach.”

“Atlantic Canada has some very able people here now that are going to put their shoulder to the wheel and get the gateway rolling,” he said at the time.

All four Atlantic provinces are working together, pulling together and moving in the same direction with the federal government.” (The italics added by Web Talk)

Three and a half years later, the gateway is rolling, with projects underway or approved, 17 in all, worth a total of $229.2 million. In New Brunswick: seven projects, $126.2 million. In Nova Scotia: six projects, $92.5 million. In Prince Edward Island: four projects, $10.5 million. In Newfoundland and Labrador: zero projects, zero dollars.

The list of projects funded through the Gateways and Board Crossings Fund, obtained Tuesday from Transport Canada through a request made by members of the standing committee on transportation, infrastructure and communities, lists the individual projects and their costs.

That includes $87.5 million to twin 55 kilometres of Route 1 in New Brunswick, $36.5 million to upgrade and expand cargo handling services at the Port of Halifax, and $4.5 million for Route 1 realignment and intersection installation on Prince Edward Island.

Gerry Byrne, the Liberal MP for Humber-St. Barbe-Baie Verte and a member of the standing committee, called Newfoundland and Labrador’s exclusion disturbing. He said he obtained the list when he and two other Liberal members of the committee requested an update on the strategy for the fund — which he said is about $800 million out of $2.1 billion in a broader fund that includes Ontario and Quebec.

The list of projects include airport work in Nova Scotia, P.E.I. and New Brunswick, announced late last month while the St. John’s Airport Authority’s 2009 request for help funding a new $25-million instrumentation landing system, which would help more planes land in foggy weather, has been unfulfilled.

Fraser Edison, chairman of the airport authority’s board of directors, said the economic benefits of getting the work done at the St. John’s airport should be clear, but they’ve been stymied for funding.

“As of today, nothing. No word whatsoever on it,” he said. “This would increase five per cent in the accessibility of the airport, and five per cent represents 70,000 passengers and 700 flights (a year).”

Likewise, the lack of roadwork approved is a sore spot for the Newfoundland and Labrador Road Builders’ Association, too.

Austin Sheppard, the association's business manager, says the province’s exclusion “leaves a sour taste.”

“I am heading off to meetings in Moncton in early May for the Atlantic Road Builders, and that’s one topic that always comes up for discussion,” he said.
The briefing notes from the deputy minister mentions federal commitments to Marine Atlantic, about $521 million, and Byrne says it seems as though the federal government considers that Newfoundland’s share of the Gateway fund.

“If that’s the case, that’s completely unacceptable. We have a constitutional right to that ferry service. The Atlantic Gateway funding is a discretionary program to build up Atlantic Canadian export capacity through improved transportation mechanisms,” he said.

“I think within the department they are actually building in the Marine Atlantic funding as Newfoundland and Labrador’s share. That’s not acceptable. … That ferry service is not a discretionary service of the government of Canada.”

Gerry Byrne: “Is it really the Maritime Gateway? Or is it the Atlantic Gateway?”