Eh, What Just Happened? -- August 30, 2018

Update

August 31, 2018: a reader who is well versed in legal matters and who has followed this case closely (he/she has relatives in Burnaby) sent me a note with comments and questions. I won't post that but here is "my-not-ready-for-prime-time" reply. From the reply you can probably guess the issues in the original note:

1. I was a bit hasty in suggesting inadequate documentation by the pipeline companies regarding First Nations. You are correct.

2. I strongly believe that the judge in this case had her decision made long before the final judgement was published. It was just a matter of framing it (the arguments/conclusions) to fit the decision.

3. Legally, I am sure the contract reads that the deal is consummated pending a majority vote by the Kinder Morgan shareholders (that occurred yesterday after the judge's verdict; the timing was coincidental). So, even if money has not traded hands, it's a legally binding contract, I'm sure. But it's a man-made contract (not on two stone tablets) so there would be ways, I assume, to "renegotiate."

4. However, Canada needs the pipeline more than anyone is suggesting. They can get the oil out on rail if no other alternatives, but this is a huge sovereign issue -- as I've said, Canada is getting the reputation that a) it's greenness is killing the economy; and, b) "the country can't close a deal."

5. I'm sure some cartoonist will come up with a name for the pipeline that Orca killed.

6. Speaking of which, Trudeau's second mistake (his first mistake was using the orca to kill the Enbridge pipeline some years earlier): he knew this case was in court and would likely suffer the very same fate (nothing was different between the two cases). He should have published an executive order once Canada bought the pipeline stating clearly that Canada would take all necessary precautions to save the Orca and would donate "X" amount of money to environmental clubs dedicated to saving the whale.  The judge only said the company's response was inadequate. An executive order and a tweet by Trudeau would have solved the problem. Assuming, of course, the judge was unbiased going into the case -- a huge, huge assumption.

Original Post 

Wow, I knew this was going to be a huge story, but I think it's a bigger story than most realize. This is going to be fascinating to watch.

See this post for background.

I haven't read the newest stories yet, but as you go through this, remember:

• Trudeau killed the Enbridge Northern Gateway pipeline to British Columbia some years ago by playing the "orca" card -- when it was "cool" to be against pipelines;
• he had to have known that the "orca card" would kill Trans Mountain;
• when he convinced Canadians to buy the Trans Mountain Pipeline he did not tell them that the environmental study was so flawed, one could drive a Canadian Pacific locomotive through it;
• nor did Trudeau tell them that the case was in court and it wouldn't take a rocket scientist to see the flawed environmental study;
• and the flawed environmental study involved exactly what? yes, you guessed it, the "orca"
• the "orca" killed the Enbridge Northern Gateway;
• it will take some interesting legal footwork by Trudeau's government to convince folks that, "hey, this time it's different"; the Enbridge pipeline would have killed the killer whale but the Trans Mountain would not
• bottom line: Trudeau knew all about the orca issue and he knew it from the beginning when he convinced Canadians to buy the pipeline

The interesting thing is that Trudeau could have stopped this from going to court in the first place with some legislative language. But I think he was in India when this story was developing some months ago.

If the articles mention the environment at all, they don't mention (or hardly mention the "orca") and they don't reference the case that set the precedent -- the Enbridge Northern Gateway case.

Alberta pulling out of federal climate change plan until pipeline construction resumes, CBC.

• "we are winning: several BC First Nations celebrate Trans Mountain victory
• the ruling suspends construction on the pipeline indefinitely
• this story says it is a $7.4 billion project

five things about the Trans Mountain pipeline ruling, Vancouver Sun

• this source says it is a $9.3 billion project
• fails to mention the real reason the project was killed

a video, Global News
another video, Global News
another video, Global News
fighting words, CTV

I wonder if Trudeau can sell the pipeline back to TransCanada?