[All] Fw: Kinder Morgan hearing as an unreasonable and unlawful process.

[Louisette Lanteigne]

FYI
Lulu 
    ----- Forwarded Message -----
  From: Louisette Lanteigne <butterflybluelu at rogers.com>
 To: "pm at pm.gc.ca" <pm at pm.gc.ca>; "justin.trudeau at parl.gc.ca" <justin.trudeau at parl.gc.ca>; "Elizabeth.May at parl.gc.ca" <Elizabeth.May at parl.gc.ca>; "thomas.mulcair at parl.gc.ca" <thomas.mulcair at parl.gc.ca>; "peter.braid.c1 at parl.gc.ca" <peter.braid.c1 at parl.gc.ca>; "indigenous_un at un.org" <indigenous_un at un.org>; "info at afn.ca" <info at afn.ca>; "info at antifraudcentre.ca" <info at antifraudcentre.ca>; "info at gg.ca" <info at gg.ca>; "Sheri.young at neb-one.gc.ca" <Sheri.young at neb-one.gc.ca>; "info at messages.whitehouse.gov" <info at messages.whitehouse.gov>; "stephane.dion at parl.gc.ca" <stephane.dion at parl.gc.ca>; "linda.duncan at parl.gc.ca" <linda.duncan at parl.gc.ca>; "charlie.angus at parl.gc.ca" <charlie.angus at parl.gc.ca>; "peter.mackay at parl.gc.ca" <peter.mackay at parl.gc.ca> 
 Sent: Friday, November 21, 2014 1:22 AM
 Subject: Kinder Morgan hearing as an unreasonable and unlawful process.
   
Dear Ministers
In regards to the National Energy Board hearing of Kinder Morgan I observe the following points:
The NEB rejected intevenor status of:
Concerned Engineershttp://www.concernedengineers.org/what-is-the-cpe-for/national-energy-board-intervenor-status/

The US EPAhttp://www.biv.com/article/2014/2/neb-denies-epas-trans-mountain-hearing-extension-r/

Nearly half of the applicants who applied
http://www.vancouverobserver.com/news/kinder-morgan-hearing-denies-or-downgrades-nearly-half-applicants


The process lacked cross examination of evidence presented.  Solicitor Greg McDade from the City of Burnaby states:
"They call it a hearing order, but it should be called a ‘no hearing’ order,” McDade quipped.
“What we have here is a mere paperwork exercise. It is not a hearing and it is not public. It is not independent. All three panelists on the National Energy Board are from the oil and gas industry.”http://www.desmog.ca/2014/04/14/oral-hearings-quietly-vanish-kinder-morgan-trans-mountain-pipeline-review

Kinder Morgan was not required to respond to 2,000 questions submitted by Intervenors, with the NEB rejecting 95 per cent of the queries. 
Mark Eliesen former BC Hydro CEO states: 
 "We've never had in the history of the NEB a public hearing process (for a new oil pipeline) in which there was no oral cross examination...You have a situation here where all intervenors have done due diligence and have put in a heck of a lot of work and time and cost...and you submit all these questions. And you have proponents refusing to answer questions, who appeal to the NEB. That's what makes this whole thing a farce."

http://www.vancouverobserver.com/news/former-bc-hydro-ceo-calls-neb-industry-captured-pulls-out-kinder-morgan-hearings

Kinder Morgan sued the protesters in a multi million dollar lawsuit. This is clearly a SLAPP. 
“I feel outraged politically that this could happen in a democracy – that a foreign massive company can accuse you of trespassing on a park" - SFU professor Stephen Collis

http://www.vancouverobserver.com/news/kinder-morgan-slaps-burnaby-residents-multi-million-dollar-lawsuit

This parkland is on unceded First Nation's territories. The NEB negated Crown Consultations. This violates the Constitution Act section 35 and the Charter of RIghts and Freedoms section 25.
In my view the Harper Government and National Energy Board has used discretionary powers to negate reasonable compliance to law.
The people protesting at Burnaby Mountain are not there to break law but to defend it. I am reminded of this quote:
“An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law” 
― Martin Luther King Jr.

I demand that the Canadian Government secure a proper judicary review on the decision of the Kinder Morgan pipeline.
Why were so many voices were knowly and procedurally excluded. What were the reasons? Evidence exists with the communications of the NEB's solicitors. We need to secure an independent review of this data. 
Why was there failure to conduct a cross examination of evidence? Why was this concept justified by the NEB's hearing managers, and where did that idea come from? 
Why were the questions submitted at hearing by intervenors left unanswered?
What roll did the PMO's office have in regards to this hearing?
Can we secure an independent review by the RCMP or CSIS outside of the control of the PMO and Prime Minister?
I would like a written response to these concerns.
In my view entire process has been a gross miscarriage of justice and the Canadian people deserve answers.
I demand a moratorium on this project to restore law and order until these issues have been reasonably reviewed. 
Yours in good faith
Louisette Lanteigne700 Star Flower Ave.Waterloo Ont.N2V 2L2





  
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