[All] Enbridge Line 9 Supreme Court process flags alarming issues with Global consequences.

[Lanteigne]

Hi folks
Been busy since the Line 9 verdict. 
The Courts sided with Enbridge and gave the NEB the right to act as Crown. Chippewas of the Thames got stuck with costs. 

I needed a little time to think about it and below are my thoughts. 
Time to expose this mess. 
Lulu 

     
----- Forwarded Message -----
 From: Lanteigne <water.lulu at yahoo.ca>
 To: Justin Trudeau <justin.trudeau at parl.gc.ca>; James Carr P.C.M.P. <nrcan.minister-ministre.rncan at canada.ca>; Tom Mulcair <thomas.mulcair at parl.gc.ca>; Elizabeth May <elizabeth.may at parl.gc.ca>; "pbellegarde at afn.ca" <pbellegarde at afn.ca>; Premier of Ontario | Première ministre de l’Ontario <premier at ontario.ca>; Andrea Horwath <ahorwath-qp at ndp.on.ca>; Bardish Chagger <bardish.chagger at parl.gc.ca>; MPP Catherine Fife (Kitchener-Waterloo) <catherinefife at on.ndp.ca>; Carolyn Bennett <carolyn.bennett at parl.gc.ca>; "indigenous_un at un.org" <indigenous_un at un.org>; UN Anti Corruption <uncac.cop at unodc.org>; "chrystia.freeland at parl.gc.ca" <chrystia.freeland at parl.gc.ca>; "harjit.sajjan at parl.gc.ca" <harjit.sajjan at parl.gc.ca>; Antifraudcentre Info <info at antifraudcentre.ca>; "contact at icij.org" <contact at icij.org>; Mike De Souza <mikedesouza at nationalobserver.com>; Forestethicssolutions Info <info at forestethicssolutions.org>; Ecojustice Info <info at ecojustice.ca> 
 Sent: Friday, July 28, 2017 4:08 PM
 Subject: Enbridge Line 9 Supreme Court process flags alarming issues with Global consequences.
   
Dear Hon. Prime Minister and Ministers.
The Canadian Federal Environmental Commissioner Julie Gelfand reviewed the performance of the National Energy Board (NEB), Canada's pipeline regulator. The report says that in the 49 cases it audited, there were 24 cases between 2000 and 2014 for which the tracking of the company's compliance was either out of date or files were missing. "The NEB was not able to assure us that they followed up on the regulations or the approval conditions," Gelfand told reporters.http://www.cbc.ca/news/politics/gelfand-environment-commissioner-fall-report-1.3420016

A Trudeau Appointed Panel responsible to review the performance of the NEB came to the conclusion the NEB should be dismantled.http://www.huffingtonpost.ca/2017/05/15/national-energy-board-panel-trudeau-jim-carr_n_16625924.html

In spite of these issues, the Supreme Court of Canada's ruling for Chippewas of the Thames vs. Enbridge Line 9 set a court precedent to allow the NEB to perform the Crown duty of First Nation's Consultations at the hearings. 

I was a delegate of both Enbridge Line 9 hearings at the NEB. The case involves the reversal of the flow of oil through a pipeline that was built in the 1970's. The hearing would allow tar sands bitumen to flow from Sarnia to Westover Ontario (the first NEB hearing), and from Westover to Montreal (the second related NEB hearing). 
The NEB process was highly flawed from the very beginning. We were denied cross examination and the NEB staff called that a "success". I did this interview with the National Observer which shows the documents I secured. http://www.nationalobserver.com/2014/12/09/news/waterloo-woman-finds-neb-e-mail-lauding-public%E2%80%99s-inability-question-pipelines-0
Enbridge limited the scope of the hearing and Environmental Assessment to only the area of the pumping stations which was a move used to negate the need to inform municipalities and First Nation's reserves along the pipeline route.  This same issue repeated with the second hearing. Anything to do with the pipelines in between the pumping station was deemed out of scope.  Toronto was notified of the NEB hearings through Ecojustice, not Enbridge.  Toronto asked Enbridge to disclose the location of the pipeline and Enbridge was reluctant to disclose that. Toronto Fire Department was shocked when they found the oil pipeline ran underneath their fire station. It was a fact they were aware of until this hearing process came up.I witnessed the solicitor speaking of this in Toronto. Little to no effort was given to engage First Nation's communities impacted by this project. I chronicled what I witnessed of the hearing process here; https://piperisks.wordpress.com/ 
During the NEB hearing, the Canadian Environmental Assessment Act applied and we crafted our legal arguments around that but prior to the verdict, the Government of Canada introduced a massive Omnibus bill, it was swiftly passed and became law prior to the Line 9 verdict. The law was applied immediately and it gave the Harper government the power to veto NEB decisions and it removed the Canadian Environmental Assessment Act. 
The Mike Duffy Diary shows Harper had a special interest in the Line 9 issue:  Feb.17, 2012 - “PM asks “Send me a note on Enbridge Line #9 problems” (strike outs)http://www.nationalobserver.com/2015/04/23/news/was-duffy-enbridges-pipeline-harper-ndp-asks-tories
Prior to the second Line 9 NEB hearing, the Harper Government removed Navigable Waters Act protection from the reaches of the rivers where Line 9 crosses leaving major water ways from Sarnia to Montreal split up by two laws. The Navigable Waters Act mandated that two valves be located on both sides of major waterways. Line 9 was built before the law was implemented, therefore it wasn't up to code. Instead of making it safer through this current approval process to fix the issue, the Harper Government weakened the law to remove protections. http://o.canada.com/news/national/historic-water-protection-law-no-longer-to-protect-water-under-stephen-harper-budget-bill
Line 9 was built with a single valve placed beside major water ways in many communities to protect it from spills in the direction of the pipeline flow but since they were reversing flow,  they were all located on the wrong side of the rivers. I was the delegate who raised this issue at the NEB. The valves are spaced 12km apart. If you don't put two valves, one on both sides of a major water way, a rupture could spill uncontrollably even with all valves shut. 
In the Line 9 Transcript #7 on page 129 it states the following as said at the hearing: 

6272. Further to this constant and consistent refusal to provide reasonable information, in Exhibit A3J3V6 in response to Jesse McCormick’s information requests, Enbridge reveals the following: that Enbridge’s current use of land is incompatible with traditional indigenous usages; that Enbridge has not reviewed any treaties -- I’m just going -- Enbridge has not reviewed any treaties -- not one treaty -- that are impacted by this project, and there are several, and I will talk about some of them. 
https://docs.neb-one.gc.ca/ll-eng/llisapi.dll/fetch/2000/90464/90552/92263/790736/890819/1045209/1050372/A3Q1F4_-_13-10-18_-_Volume_7.pdf?nodeid=1050259&vernum=-2
In my view Enbridge presented inaccurate information because I am aware Mr.Henry presented Enbridge Staff with an overview of the Wampum agreements. He has video footage of him with Enbridge Staff and photographs were taken. Enbridge presented Mr.Henry with a ring made of the steel of the Kalamazoo pipeline in exchange at this event.   So I witnessed things presented by Enbridge at the Line 9 hearing that did not line up with the facts as I understood them.
The NEB approved Line 9 and the issue went to the Supreme Court.  Enbridge's solicitor for the Line 9 Supreme Court process was Josh Jantzi from Dentons. He had a roll creating policies in Canada specific to Crown Consultations during the time Prime Minister Harper was in office.  https://www.dentons.com/en/josh-jantzi


Former U.S. ambassador to Canada Gordon Giffin works for Dentons along with former Liberal Canadian Prime Minister Jean Chrétien. Giffin represents TransCanada in Keystone XL case. https://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/dentons-bolsters-us-base/article23857265/
Dentons is also the solicitor for BP oil regarding Trans Mountain Pipeline (a.k.a. Kinder Morgan) https://docs2.neb-one.gc.ca/ll-eng/llisapi.dll/fetch/2000/90465/92835/552980/954476/1053909/2385877/2397854/2412014/C02-03-1_Letter_to_NEB_enclosing_BP_Canada_IR_No._1_to_Trans_Mountain_-_A3T4V7.pdf?nodeid=2411464&vernum=-2

Former federal industry minister and British Columbia MP James Moore now works for Dentons too. 
http://www.ctvnews.ca/politics/james-moore-lands-new-job-with-international-law-firm-dentons-1.2649723#_gus&_gucid=&_gup=twitter&_gsc=63DuoIX
>From what I witnessed, decisions made by the Harper Government resulted in many Court processes that appear to have benefited Dentons, and today Former Prime Minister Stephen Harper works with them. 
https://www.dentons.com/en/whats-different-about-dentons/connecting-you-to-talented-lawyers-around-the-globe/news/2016/september/the-right-honourable-stephen-harper-affiliates-with-dentons
Dentons was created from merger of SNR Denton, Fraser Milner Casgrain and Salans, and later merged with Chinese law firm Dacheng in 2015. The firm is decentralized and has no headquarters, although the firm's senior leadership are primarily based in Beijing, London and Washington D.C. https://en.wikipedia.org/wiki/Dentons
Dentons also has offices in Russia, Ukraine, Kazakhstan, Uzbekistan and Azerbaijan are supported by a team of lawyers in Frankfurt, Berlin, Paris, Brussels, London, New York and Washington. https://www.dentons.com/en/global-presence/russia-and-cis
I observe that President Donald Trump hired someone from Dentons to oversee ethics matters for the White House.https://www.law360.com/articles/884979/trump-taps-dentons-politics-chair-for-compliance-team

Dentons had an issue with CNN where they had to provide a letter of apology for negating a conflict of interest concern. http://abovethelaw.com/2017/01/giant-law-firm-overlooks-giant-trump-conflict-sends-oops-letter/
Prime Minister Justin Trudeau recently recommended Denton's Senior Policy Advisor Peter Harder to be a new Senator. https://www.dentons.com/en/whats-different-about-dentons/connecting-you-to-talented-lawyers-around-the-globe/news/2016/march/prime-minister-trudeau-recommends-dentons-senior-policy-advisor-peter-harder-as-new-senator
Perhaps it is time to review what roll Dentons had in shaping Canadian policy towards Crown Consultations and Treaty Rights. It appears that both the Liberals and the Conservative Party have links with this particular agency. 
At the Supreme Court hearing for Chippewas of the Thames vs. Enbridge Line 9, I witnessed a solicitor speaking of an letter sent to the NEB giving them duty of the Crown to handle the First Nation's consultation. It is important to know he stated this letter was delivered AFTER the hearing was already completed. The Supreme Court verdict noted this fact in their verdict:  
Notwithstanding the Crown’s failure to provide timely notice that it intended to rely on the NEB’s process to fulfill its duty to consult, its consultation obligation was met. 
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16744/index.do

The NEB Act has the duty to review whether or not Crown consultations were reasonable. In giving the duty to perform the Crown Consultation to the NEB as well,  the courts have made them both judge and jury. It is a highly unreasonable decision.  

I believe for some companies, it is cheaper to knowingly attempt to break the law in hopes of profit than it is to comply and risk loosing the opportunity to earn money from it. 
I witnessed the transfer of assets, including Enbridge Line 9 ,go from Enbridge Pipelines Inc. to Enbridge Income Fund Holdings Ltd  to take advantage of banking options that are not allowed in Canada and this was done without the NEB's permission. I was interviewed about the Line 9 transfer of assets in this news article:http://www.nationalobserver.com/2015/08/20/news/controversial-pipeline-changing-hands
 I also found articles linking KPMG into this situation. I built a website about it here: https://line9fiscalconcerns.wordpress.com/ 
I am French Acadian Mi'kmaq. The Mi'kmaw were the first Catholic Nation in North America recognized though the Vatican Concordat of 1610 and we predate Canada by over 250 years as a Sovereign Catholic Nation. This enabled us to do trade with Europe.  There are many internationally recognized nations bound by Treaties and Canada has laws that connect ours within the Constitution of Canada's Charter of Rights and Constitution Act, 1982. 
In section 25 of the Canadian Charter of Rights and Freedoms it states:

25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including   
      - (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
      - (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.

I respectfully ask Canada and those responsible for upholding International Law to please review the Line 9 decision of the Supreme Courts with great scrutiny.
In my view ignoring Treaty Rights by process is a form of SLAPP: Strategic Litigation Against Public Participation. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance interfering with an organization's ability to operate and may intimidate others from participating in the debate
The Chippewas of the Thames Vs. Enbridge Line 9 verdict resulted in the Courts handing Crown consultation duty to the highly flawed NEB system ignoring the fact that two separate Crown appointed review bodies found the NEB insufficient. The ruling gave the NEB the powers to act as judge and jury of the Crown consultation and this clearly serves to abrogate and derogate these processes. 
The longer these court processes continue, the more money these law firms stand to make as their clients profit by fooling investors into thinking these pipelines are good fiscal investment. 
I present to you a report by former CIBC chief economist Jeff Rubun titled the Case for Divesting Fossil Fuels in Canada to support that view.https://www.cigionline.org/publications/case-divesting-fossil-fuels-canada
Wela'lin, Thank you kindly for your time. 
Yours in good faith
Louisette Lanteigne700 Star Flower Ave.Waterloo Ont.N2V 2L2 











   

   
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