Was thinking along those lines myself. How can the US be sued for allowing a foreign company to use eminent domain to ship oil the entire length of the continent in order to export it, when Canada itself is denying this pipeline?!?
These laws are not intended to make sense/cents... only dollars!
It's not really up to Obama one way or the other. The president doesn't control trade-dispute resolutions. Neither does Trudeau have any say in TransCanada suing the U.S government for denying their pipeline.
Because so-called trade agreements allow for firms to sue governments when their policies impede profits.
In this case, I don't know whether Enbridge could appeal to NAFTA since Enbridge is not really operating as a foreign firm in Canada, as far as I know.
As someone that stood on the protest line against this particular project, I am grateful for the court's decision.
Enbridge is an Alberta company, so they can't sue under NAFTA for a Canadian project.
Enbridge a Canadian firm so can not sue the Government if Canada under NAFTA.
Further to that it my understanding that the Chapter under which foreign firms could sue the Government of Canada applies only if new legislation has been passed since NAFTA entered into that would affect profits.
The treaty rights of our a First Nations peoples predate NAFTA so a lawsuit even by a foreign firm would likely not succeed as this ruling was based on our First Nations peoples treaty rights.
It a solid victory which could add years of delays to the process and one which was anticipated. I think the Harper Government knew at the time the Supreme Court would rule against them which is why they started a parallel process of trying to get those treaty rights extinguished under the guise of ending poverty amongst those peoples.
That said there were a number of tribes that agreed with Enbridge to allow this pipeline. I can not really blame them as they do have all that poverty and Enbridge was throwing lots of money around to get them onboard.
I think they will try this again and up the ante in the hopes they can get the other tribes on board
The First Nations people whose lives, livelihoods, and futures have been decimated by the Alberta Tar Sands operations hopefully would not sign on to any future Enbridge pipeline construction. Transcanada and any other number of operatives in the TS opns in Alberta have: poisoned water sources (streams, ground water, rivers such as Athabasca); denuded the land of any trees, shrubs, flora; disrupted migrations of any number of species on land, in water, or in the air; cancer cases among the Natives have skyrocketed and they cannot hunt or fish or even if/when they do, they cannot safely eat the meat/fish. The only reason that any would take the money waved in front of them by Enbridge would be used to move elsewhere. It will take millenia for nature to restore that entire region...be certain that the energy companies have no intention of doing any cleanup or restoration. SAD!
This victory is a triumph of the human spirit...and the spirits of our ancestors who gave the strength and patience to the living who needed them to persist.
This an article detailing the divsion in the Burns lake Tribe.
This an article further illustrating how Enbridge tries to buy the various tribes off with promises of riches.
Now it my understanding and my belief that the majority of the members of each of the nations are opposed to these pipelines and that the sales pitch is being made to senior members of tribal councils. This tactic has long been used in Canada. Way back a number of Corporations got tribal support to surrender lands deeded to them by treaty simply by corrupting and paying off a small percentage of Chiefs.
Enbridge not only sells dirty oil that will dirty our environment but they play and will play dirty as well. Just note in the latter artice how they do this. Enbridge claims 60 percent of the tribes on the route have signed on for an equity stake but will not identify those tribes. A spokesperson for the First Nations peoples claims they asked every tribe along the route if they had agreed to the same and only two had done so, What Enbridge is doing is making up numbers in the hopes that other tribes will feel the need to get in on the project before all the money gone.
First the US Supreme Court strikes down the egregious Texas abortion law and now the Canadian Supreme Court decides in favor of people and other living things by stopping this pipeline. Justice isn't a thing of the past, but ordinary folks do have to fight awfully hard to get some. Still a win is a win, and this one's a beauty.
Enbridge's tactics mirror those of the US military (cavalry), railroad barons, missionaries, and colonists/settlers telling lies to the Native American tribes; trading smallpox infested blankets and useless trinkets for land/horses/supplies/access to their hunting grounds; signing treaties with the supposed tribal "chiefs" when such hierarchy/regency was not how the Native Americans conducted their affairs . Another result of "contact" was whole villages and entire branches of tribes died from diseases like measles, cholera, malaria, tuberculosis and influenza in addition to smallpox. A whole tribe was decimated by measles in Saskatchewan. "Invasion of America: Indians, Colonialism, and the Cant of Conquest " by Frances Jennings is one of the most memorable books I have ever read...no stone is left unturned as the book is superbly researched and it took more than ten years to get published because the contents stripped away the curtains of glory drawn by the myth makers of pseudo-history. And here we are in the 21st Century...time has changed but not too much else has when it comes to money.
I hope we can do something about Enbridge in Wisconsin:
Lucky for them this isn't happening in the American court system where the court would swiftly and forcefully hand Enbridge all the taxpayer dollars they demanded.
Well, the lawsuit is on---and NAFTA makes us the most 'sued' country in the world.....To date there are 2 billion in o/s lawsuits....And the point of ---they can only sue after NAFTA--comes close to be lame as soon there will be CETA, then TPP, then TTIP, then FIPA and last but worst TISA.....SEE bilaterals.org because something tells me --your talking through your hat------?
The tribal councils themselves are viewed by many as being colonial institutions, undermining the hereditary system.
The court just announced their rulling today. Northern Gateway pipeline has nothing do do with the USA. This is an entirely separate pipeline form Keystone. Transcanada build Keystone inside of the USA, Enbridge is building the Northern Gateway line inside Canada.
You are referring to other lawsuits under NAFTA. This is a Pipeline inside Canada being built by a Canadian firm and one that is ignoring First Nations Treaty rights which do not fall under NAFTA.
Enbridge is the Company that hasd a whistleblower reveal they were using all types of "cheats" when installing their pipelines so as to do it as cheaply as possible. He indicated they were using substandard materials and substandard welds predicting they would start failing long before expected times to failure. Soon after this some of thier newer pipelines started leaking just as he predicted.
The paltry fines they pay tend to be less thena the costs savings of cheap construction methods and those cleanups are tax writeoffs.