Cullen punts leadership questions after Skeena landslide, then calls on NDP to go “back to basics”

Updated with later results. Also , Romeo Saganash of the NDP was declared elected after original publication of this story, so his name has been dropped from the list of NDP stars who lost seats.

 

Skeena Bulkley Valley NDP MP Nathan Cullen retook the riding in landslide in the federal election, Monday October 19.   As one of the party’s  few clear winners in a disastrous night for the NDP, Cullen  immediately had to face questions from local reporters about a possible leadership bid.

As of  noon October 20, with 217 out of 219 polls reporting, Cullen had 51.2 per cent,  11,545 votes ahead of Conservative Tyler Nesbitt with 24.7 per cent and Liberal Brad Layoton with 18.7 per cent.

The Liberals did much better nationally, winning a clear majority, with elected in 184 seats. The Conservative government was knocked back to 99 seats to form the official opposition, while the NDP had to settle for 44 seats. Elizabeth May of the Green Party retained her seat  and the Bloc Quebecois has 10.

Even though current NDP leader Thomas Mulcair said he plans to stay on as leader, the party will certainly review his leadership after the party lost half its seats from the all time high of 95.

The very first question Cullen was asked in a victory teleconference with northwest region  reporters from across the huge riding was about his leadership ambitions. Cullen finished second to Mulcair in the NDP leadership contest three years ago.

“The leadership is the farthest thing from my mind tonight,” Cullen replied. “The first preoccupation I had here was in Skeena and how we would do and that feels very good.”

While Cullen said he was disappointed by the NDP results, he added, “I am encouraged that Mr. Harper’s platform was rejected for a much more progressive one.”  Stephen Harper resigned as Conservative leader after his party’s loss.

Cullen said, “I want to go see my kids again and have a normal meal, maybe. and get off the road. We put almost 20,000 kilometers on the car. It was a long, long campaign. Tonight, I’m focused on phoning my colleagues, old ones and new ones and seeing how everybody’.s doing.”

Asked about his leadership ambitions a  second time  later in the teleconference, Cullen said, “I am not considering any of that right now. I want to go back to my family and my home, maybe hang out with my kids a little bit.I just ran a two and half month campaign, I’m not really looking to run another one right away.”

NDP candidate Nathan Cullne at the Kitimat all candidates meeting, October 8, 2015. (Robin Rowland/Northwest Coast Energy News)
NDP candidate Nathan Cullen at the Kitimat all candidates meeting, October 8, 2015. (Robin Rowland/Northwest Coast Energy News)

Sounding like a leader

At the same time, however, Cullen was sounding like a potential leader, calling on the NDP to get back to basics.

“I think we attempted to tack to the centre on a number of things, particualy fiscal policy,” he said. “This was obviously an election about change and rejection of the Conservative approach,” adding,  “Three weeks ago there was a different narrative and that shows it was a very tumultuous electorate, people were changing their minds,making their minds up late, We just didn’t have that finishing push. maybe the length of the election, contributed to that.”

“We actually suffered from high expectations. To get more than 30 seats, that was [once] considered a real breakthrough. Now going from about a hundred down to the thirties or forties is disappointing.

“We were effective when we were 19. We’ve been able as a caucus to fight for attention on the issues that we’ve considered important. We’re going to have to go back to basics. We have to go back to the real campaign tactics that we’ve used before and can’t rely on the platform of offcial opposition or government to get things done. We’ve had practice at that, we know we’re good at it. We have to rebuild ourselves to be ready in four years time, when we go back to the polls and present alternatives to Canadians, particularly if the Liberals are not able to meet the very high expectations in place right now.”

Asked by one reporter if the result would have been different he had succeeded in his leadership bid, Cullen replied, “That was three years ago [when] I ran. We did better than expected but I was very confident of Tom’s leadership.  And again until a few short weeks ago, many, many people were talking about Tom Mulcair as the next prime minister. The difficult thing about politics; it can go up, it can do down. It’s fate sometimes.”

Northern Gateway “finished”

Turning to local issues, Cullen said that it is now likely the controversial Enbridge Northern Gateway pipeline will be stopped. “The efforts of Enbridge to build their pipleine to Kitimat are finally finished, since the new government has said it will reject it.”

As for the proposed Liquified Natural Gas projects, Cullen said,  “We have to do LNG properly” adding that the Liberals “are a little harder to pin down on LNG” which was not in their national platform, although local Liberal candidate Brad Layton was in favour of LNG development. “So we’ll find out, we’ll find out in the next number of weeks, where they stand as a government.”

Cullen said that on other issues, there was agreement among most candidates in the campaign over revisiting environmental assessment and an inquiry into missing and murdered aboriginal women. One issue that came to the forefront during the campaign, he said, was federal subsidies for northern coastal ferry service.

“We’ve been able to make the concerns and issues we have here in the northwest into national issues, missing and murdered women, Enbridge Northern Gateway and the need to reinvest in our communities,” Cullen said. “They’re all things that I’ve been pushing for, that the Liberal party has now made into their mandate. The real issue isn’t that the issues get raised but whether we hold their feet to the fire or ensuring what they said in the elction is what they actually do in government and that will be the biggest trick with them having that majority.”

Progressive potential for a leader

If the NDP does decide on a leadership review, Cullen is one of the few front bench stars left. Deputy leader Megan Leslie, foreign affairs critic Paul Dewar and incumbents Nycole Turmel, Peter Stoffer, Jack Harris, Andrew Cash, Mathieu Ravignat, and Ève Péclet all lost their seats.

The reasons for the NDP defeat are “going to take a number of days, if not weeks to sort out. There were issues like national pharamcare and our child care plan that didn’t get enough attention,” Cullen said.

“I think there were very negative politics around the niqab Mr. Harper and Mr. Duceppe played that stalled our momentum. I’m very proud of the principled stand the party continued to take, even if it meant costing us votes. We’re not just a party that’s willing to win at all costs at the expensive of our values and our princples. I think some of those distractions and negative politics hurt but it will be in a lot of exit polling and polling in the next few weeks to understand what didn’t go right for us.

“I think the positive thing that we take from this is that the country overwhelmingly decided on progressive platforms, the Liberals presented a program that was broadly progressive. We were not able to outshine them in the broad narrative in the campaign.

“I take some comfort in the fact if anything we were criticized for being too centrist in our fiscal policy. It’s an intereting criticism to make that we were too careful with the books, or too careful with not runing deficits. As for what the party does, that’s a conversation that after any difficult loss, that takes a number of months to happen and that’s natural.

“There is some reflection. I don’t expect to spend a lot of time on that reflective phase. I have a lot of work to do, there’s a lot things we need to do for the northwest and spending too much time navel gazing is not on my agenda for the next months.”

Editorial: On the Simushir, Oceans Minister Gail Shea takes ministerial responsibility to a new low—the bottom of the sea

On Monday, October 20, 2014, the Minister of Fisheries and Oceans, Gail Shea, stood in the House of Commons during Question Period and proved she is not up for the job.

Answering questions from  Opposition MPs about the incident of the Russian container ship, Simushir, which drifted dangerously close to the coast of Haida Gwaii, Shea got up and read a prepared script, a script with answers which ignored centuries of the laws and custom of the sea, as well as Canada’s own laws and treaty obligations, answers probably written by what are now known as “the kids in short pants” in the Prime Minister’s Office.

There was a time in this country when some ministers of the Crown took their responsibilities seriously. That idea that has decayed over the years and now has been gutted by the adminstration of Stephen Harper. As Ottawa pundits have noted recently, only a small handful of cabinet ministers in the Harper government have any real responsibility and only those  are permitted to answer questions by themselves in the Commons. According to most Ottawa insiders, the less important ministers, like Shea, are basically told what to do by the prime minister’s office.

Gail Shea, Minister of Fisheries and Oceans, visited the Canadian Coast Guard Ship Leonard J. Cowley on Friday, December 6,  2013, to examine the fast rescue craft launching mechanism for offshore fishery patrols with Regional Director, Fleet, Stephen Decker and Captain Kerry Evely, Commanding Officer. The Cowley conducts fisheries patrols and monitors fishing activities under Canada's commitment to the Northwest Atlantic Fisheries Organization. (DFO)
Gail Shea, Minister of Fisheries and Oceans, visited the Canadian Coast Guard Ship Leonard J. Cowley on Friday, December 6, 2013, to examine the fast rescue craft launching mechanism for offshore fishery patrols with Regional Director, Fleet, Stephen Decker and Captain Kerry Evely, Commanding Officer. The Cowley conducts fisheries patrols and monitors fishing activities under Canada’s commitment to the Northwest Atlantic Fisheries Organization. (DFO)

If the House of Commons under Harper could fall any lower, Shea’s attitude (or more likely the PMO’s attitude)  on ship and coastal safety takes the Commons and ministerial responsibility to a new low—the bottom of the sea.

Nathan Cullen, NDP MP for Skeena Bulkley Valley, who represents Haida Gwaii first asked. “Mr. Speaker, on Friday, a Russian ship carrying more than 500 million litres of bunker fuel lost all power just off the coast of Haida Gwaii.The Canadian Coast Guard vessel, the Gordon Reid, was hundreds of kilometres away, and it took almost 20 hours for it to reach the drifting ship. Thankfully, favourable winds helped keep the ship from running aground, and a private American tugboat eventually towed it to shore. Is the minister comfortable with a marine safety plan that is based on a U.S. tugboat and blind luck in order to keep B.C.’s coast safe?”

Shea responded.

“Mr. Speaker, luck had nothing to do with the situation.  The Russian ship lost power outside Canadian waters in very rough weather. The private sector provides towing service to the marine industry. We are grateful that the Canadian Coast Guard was able to keep the situation under control in very difficult conditions until the tug arrived from Prince Rupert.”

Cullen tried again:

“Mr. Speaker, if the government really wanted to show its gratitude to the Canadian Coast Guard maybe it would not have cut $20 million and 300 personnel from its budget. Even after the Gordon Reid arrived, its tow cable snapped three times. The Russian ship was only about a third as big as the huge supertankers that northern gateway would bring to the very same waters off the west coast. How can Conservatives, especially B.C. Conservatives, back their government’s plan to put hundreds of oil supertankers off the B.C. coast when we do not even have the capacity to protect ourselves right now?”

Shea replied: “Mr. Speaker, this Russian ship lost power outside of Canadian waters. The Canadian Coast Guard responded and kept the situation under control, under very difficult conditions, until the tug arrived from Prince Rupert.

We as a government have committed $6.8 billion through the renewal of the Coast Guard fleet, which demonstrates our support for the safety and security of our marine industries and for our environment.”

Related Link: Canadian Coast Guard Mid-Shore Patrol Vessel program

Next to try was Liberal MP Lawrence MacAulay from Cardigan.

“Mr. Speaker, the Russian container ship that drifted off the west coast raises serious concerns about the response capability of the Canadian Coast Guard. This serious situation was only under control when a U.S. tugboat arrived.”

Again Shea read her script: “This Russian ship lost power outside Canadian waters.  On the west coast, the private sector provides towing services to the marine industry.’

The final attempt by Liberal Joyce Murray, from Vancouver Quadra, also led to a scripted answer. “ this was a private towing vessel that came to tow the vessel that was in trouble.”

Shea’s answers, especially her repeated reference to “territorial waters” set off a series of “What the…?” posts on Twitter from west coast mariners and sailors, wondering if Shea knew anything about maritime law.

The first question one must ask was Shea actually not telling the whole truth to the House of Commons (which is forbidden by House rules) when she said the Simushir was outside Canadian waters? The Haida Nation, in a news release, (pdf) says the Simushir was “drifting about 12 Nautical Miles North West of Gowgaia Bay located off Moresby Island off Haida Gwaii.”

International law defines territorial waters  as a belt of coastal waters extending at most 12 nautical miles (22.2 km; 13.8 mi) from the baseline (usually the mean low-water mark) of a coastal state.

As Shea’s own DFO website says Canada has exercised jurisdiction over the territorial sea on its east and west coasts out to 12 nautical miles since 1970, first under the Territorial Sea and Fishing Zones Act and now under the Oceans Act. The baselines for measuring the territorial sea were originally set in 1967. While the exact position can and should be confirmed by the ship’s navigation logs and GPS track, it is clear that the container vessel could have been at one point after it lost power within Canada’s territorial waters.

Even if the Simushir wasn’t exactly within territorial waters, the ship was in what again Shea’s own DFO website calls the “contiguous zone “an area of the sea adjacent to and beyond the territorial sea. Its outer limit measures 24 nautical miles from the normal baseline zone.” In any case, the Simushir was well within what Canada says is its “exclusive economic zone” which extends 200 nautical miles from the coastal baseline.

Law of the Sea

So here is the first question about Shea’s competence.

How could she not know that the Simushir was well within Canadian jurisdiction, as defined by her own department’s website? Even if the minister hadn’t read the departmental website, wasn’t she properly briefed by DFO officials?

The second point, is that whether or not the Simushir was in  actually in Canada’s territorial waters is irrelevant. Custom going back centuries, and now the United Nations Convention on the Law of the Sea  and even the Canada Shipping Act all require the master of a capable vessel to render assistance once that vessel receives a distress call or sees that another vessel is in distress.

The Safety of Life at Sea Convention

… the master of a ship at sea which is in a position to be able to provide assistance, on receiving a signal from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so.

And the Canada Shipping Act requires

Every qualified person who is the master of a vessel in any waters, on receiving a signal from any source that a person, a vessel or an aircraft is in distress, shall proceed with all speed to render assistance and shall, if possible, inform the persons in distress or the sender of the signal.

The master of a vessel in Canadian waters and every qualified person who is the master of avessel in any waters shall render assistance to every person who is found at sea and in danger of being lost.

Note the phrase any waters. Not just in Canadian territorial waters as the Shea, the minister responsible for the ocean seemed to imply in her Commons answers.

That once again calls into question Shea’s fitness to be a minister of the Crown.

If she did not know about the UN conventions on the law of the sea, of which Canada is signatory, or the Canada Shipping Act, she is not up for the job as Minister of Fisheries and Oceans.

If, as the minister responsible for oceans, she knew the law and was told by the PMO to mislead the House of Commons, she is is irresponsible and MPs should ask the Speaker if she actually broke the rules of the House.

 UN training document on the Law of the Sea Convention, including rescue at sea.  (pdf)

Regulation Seven of the Annex on Search and Rescue Services states

 Each Contracting Government undertakes to ensure that necessary arrangements are made for distress communication and co-ordination in their area of responsibility and for the rescue of persons in distress at sea around its coasts. These arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers, and shall, so far as possible, provide adequate means of locating and rescuing such persons.

Note that the regulation does not say within territorial waters, but “around its coasts.”

Rendering assistance

Canada has always rendered assistance to distressed vessels not just up and down the coast but around the world. Take the case of HMCS Chartlottetown. On February 3, 2008, HMCS Chartlottetown on anti-piracy and anti-terrorist patrol in the North Arabian Sea, spotted a rusty barge with some men stranded on the deck. It turned out the men were from Pakistan and that the vessel towing the barge had sunk with all hands, leaving only the men on the barge alive. The North Arabian Sea is far out side Canadian territorial waters.

In February, 2008. the crew of HMS Charlottown rescued the crew of a Pakistani barge that was drifting in the North Arabian sea after the tug that was hauling the barge sank. (MCS CHARLOTTETOWN’s approach team speaks to Pakistani crewmembers who were stranded on a barge after the vessel towing it sunk with their fellow crewmembers on board in the Northern Arabian Sea. MCS CHARLOTTETOWN’s approach team speaks to Pakistani crew members who were stranded on a barge after the vessel towing it sunk with their fellow crewmembers on board in the Northern Arabian Sea. (Cpl Robert LeBlanc,/Canadian Forces Combat Camera)
In February, 2008. the crew of HMCS Charlottetown rescued the crew of a Pakistani barge that was drifting in the North Arabian sea after the tug that was hauling the barge sank. (Cpl Robert LeBlanc,/Canadian Forces Combat Camera)

On must wonder then if the Harper Government, or at least Minister Shea is suggesting that this country ignore centuries of maritime law and custom and, in the future, pass that barge by because it was not in Canadian waters?

Perhaps buried in the next omnibus bill we will see the Harper Government restrict rescue at sea to Canadian territorial waters. Farfetched? Well that is what Minister Shea’s answer in the Commons seems to suggest.

Given the cutbacks to the Coast Guard services over the past few years, and if there are going to be large tankers, whether LNG or bitumen, on the west coast, it is an open question whether or not the Harper government has actually made  those “arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers, and shall, so far as possible, provide adequate means of locating and rescuing such persons.”

Now comes the question of the use of the tug Barbara Foss and the two Smit tugs that later joined to tow the Simushir into Prince Rupert harbour.

It is the responibility of the owner or manager of a disabled vessel, large or small, to contract with a tug or towing service to safely take it back to port. But, and it’s a big but, the tow begins only when it is safe to do so, if there is a danger of the ship foundering, sinking or running aground, it is the obligation of all the responding vessels to render assistance, not just the tug contracted to do the job.

(There are reports that the Simushir owners chose to hire the Barbara Foss rather than the heavy duty Smit tugs available at Prince Rupert. Jonathan Whitworth, CEO of Seaspan told Gary Mason of The Globe and Mail that there are about 80 boats on the west coast, capable of  heavy-duty towing, but noted that as in the case of the Simushir, those vessels may not be available when needed)

While around the Lower Mainland of BC, even a small boat that has run out of gas or has engine trouble can get commercial assistance from many service providers, the same is not true of the north coast, or at Haida Gwaii, where are no such regular services. Seapan’s Whitworth told The Globe and Mail there is often a 6,000 horsepower log hauling tug that works off Haida Gwaii. but he also noted that it would be too expensive to have a tug permanently moored on the archipelago.

That means mariners who run out of gas or have engine trouble, say on Douglas Channel, have to call Prince Rupert Coast Guard radio and request assistance either from nearby vessels or from the volunteer Royal Canadian Marine Search and Rescue  service. RCMSAR policy says that a the rescue boat will not tow a vessel if “commercial assistance is reguarly available.” If commercial assistance is not available RCMSAR is only obligated to tow the boat as far as a “safe haven,” where the boat can tie up safely or contract for that “commercial assistance.”

Here on Douglas Channel the safe haven is usually Kitimat harbour and thus during the summer frequently either a good  Samaritan vessel or RCMSAR take the disabled vessel all the way to MK Bay.

Shea’s pat answer to the Opposition questions only betrayed the fact that the east coast minister is woefully ignorant of conditions on the northern coast of British Columbia.

In the old days, a minister who screwed up so badly would be asked to resign. That never happens any more. Ministerial responsibility has sunk to the bottom of the sea.

The bigger picture question seems to be. Why, if the Harper government is so anxious to get hydrocarbons, whether bitumen or natural gas to “tide water” does it keep going out of its way to show its contempt for the people who live on Canada’s west coast?

A note for the voters of Prince Edward Island, where Shea is the member for Egmont. Consider this, if a ship gets into trouble outside the 12 mile limit, trouble that could threaten your beautiful red sandy beaches, you’re likely on your own.

Two JRP conditions are already outdated, Cullen says

Skeena Bulkley Valley MP Nathan Cullen says at least two of the Northern Gateway Joint Review Panel’s 209 conditions may already be outdated.

In a news release January 15, 2013, Cullen said, “The requirement of $950 million in spill insurance was recently called into question as reports surfaced of cleanup costs at the sites of Enbridge’s 2010 Michigan spill surpassing $1.035 billion.”

The $1.035 billion figure was contained in Enbridge’s American arm, Enbridge Energy Partners, latest filing for the third quarter over 2013 with the US Securities and Exchange Commission.
Cullen went to say that, “The JRP’s order for Enbridge to carry out new research on the behaviour of diluted in bitumen in a marine environment has been questioned following the publication of an Environment Canada study confirming that diluted bitumen will sink in saltwater in high waves and where sediment is present.”

Cullen is referring to a study by Environment Canada Emergencies Science and Technology,Fisheries and Oceans Canada Centre for Offshore Oil, Gas and Energy Research and Natural Resoures Canada on bitumen that was completed in November and released this week.

The study found

. Like conventional crude oil, both diluted bitumen products floated on saltwater (free of sediment), even after evaporation and exposure to light and mixing with water;
. When fine sediments were suspended in the saltwater, high-energy wave action mixed the sediments with the diluted bitumen, causing the mixture to sink or be dispersed as floating tarballs;
(The use of the term “tarball” in this report follows convention in the literature and refers to the consistency of floating, heavily-weathered oil. It does not describe the chemical composition of the product.)
. Under conditions simulating breaking waves, where chemical dispersants have proven effective with conventional crude oils, a commercial chemical dispersant (Corexit 9500) had quite limited effectiveness in dispersing dilbit;
. Application of fine sediments to floating diluted bitumen was not effective in helping to disperse the products;
. The two diluted bitumen products display some of the same behaviours as conventional petroleum products (i.e. fuel oils and conventional crude oils), but also significant differences, notably for the rate and extent of evaporation.

Read the report:Properties, Composition and Marine Spill Behaviour, Fate and Transport of Two Diluted Bitumen Products from the Canadian Oil Sands (pdf)
The Joint Review Panel found that dilbit was “ no more likely to sink to the bottom than other
heavier oils”

The Panel acknowledges the variety of opinions from experts regarding the behavior and fate of oil spilled in aquatic environments. These experts generally agreed that the ultimate behavior and fate of the oil would depend on a number of factors, including the volume of oil spilled, the physical and chemical characteristics of the product, and the environmental conditions at the time.

The Panel finds that likely oil behaviour and potential response options can be predicted from knowledge of the type of oil spilled and its physical and chemical characteristics. Details of oil behaviour and response options cannot be specified until the actual circumstances of a spill are known.

The Panel is of the view that, if placed along a spectrum of: tendency to submerge; persistence; and recovery difficulty, dilbit would be on the higher end of the spectrum, similar to other heavy oil products.

The Panel accepts evidence from previous spills showing that, in response to circumstances at the time, the behaviour of heavier oils, including conventional oils and synthetic crudes, can be dynamic. Some oil floats, some sinks, and some is neutrally buoyant and subject to submergence and overwashing.

Although the project would transport different types of oil, the majority of the evidence presented during the hearing process focussed on whether dilbit is likely to sink when spilled in an aquatic environment. In light of this, the Panel has chosen to focus its views on dilbit. The Panel heard that the fate and behaviour of dilbit has not been studied as much as that of other oils.

Although there is some uncertainty regarding the behavior of dilbit spilled in water, the Panel finds that the weight of evidence indicates that dilbit is no more likely to sink to the bottom than other heavier oils with similar physical and chemical properties.

The Panel finds that dilbit is unlikely to sink due to natural weathering processes alone, within the time frame in which initial, on-water response may occur, or in the absence of sediment or other particulate matter interactions. The Panel finds that a dilbit spill is not likely to sink as a continuous layer that coats the seabed or riverbed.

“It hasn’t even been a month since the JRP released their 209 conditions, and it seems like we’re already seeing some of them become obsolete,” Cullen said.

“Throughout the review process, the JRP continually ignored the situation in Michigan as it unfolded before our eyes. They saw the spill caused by Enbridge’s negligence, which was worsened by Enbridge’s incompetence, and how it brought untold damage to the local ecosystem and cost over $1 billion US. But the 209 conditions didn’t reflect what we learned about Enbridge’s history or its culture, or what we’ve learned about diluted bitumen at all.”

The Joint Review process was set up to deliver a positive verdict, according to Cullen, regardless of what the real life case studies in Michigan had already shown. “To say that it won’t cost as much – if not more – to respond to a spill in a remote corner of northwestern BC during winter than it was in Michigan in the middle of July is ridiculous,” Cullen said.

“What’s even more astonishing is that we asked repeatedly for these studies on the behaviour of diluted bitumen in the marine environment to be part of the Joint Review Panel’s assessment. That the government waited until after the JRP had given its conditional yes to release these findings is not only appalling but also highly suspect.

Cullen says there are two key questions that the Harper government now must answer. “What kind of protection is the government providing when it lowballs on the insurance for oil spills? And what kind of oversight is it giving Canadians when the verdict is given before the evidence is released?”

 

“Conservatives’ hatred for science intentional part of their environmental policy,” Cullen says

Skeena Bulkley Valley MP and NDP House Leader, reacting to  Northwest Coast Energy News exclusive story that the  Northern Gateway Joint Review Panel has refused to consider a Fisheries and Oceans report on humpback whales says in a  Facebook posting “Like many of you, I’ve come to see the Conservatives’ hatred for science as more than a passing tendency – it’s an intentional part of their environmental policy.”

Cullen has issued an open letter to Natural Resources Minister Joe Oliver and Fisheries Minister Gail Shea that says:

 

21 November 2013

Dear Ministers,

This is an open letter regarding the 21 October 2013 report, entitled Recovery Strategy for the North Pacific Humpback Whale (Megaptera novaeangliae) in Canada, from the Department of Fisheries and Oceans on a recovery strategy for humpback whales in Canada. As you are likely aware, it is part of the DFO’s mandate to help this species recover from a century of whaling that nearly drove the species into extinction. The report identified four areas of “critical habitat” for humpbacks, one of which is at the mouth of the Douglas Channel, the gateway from Kitimat to the Pacific Ocean. The report also identified vessel traffic and toxic spills as two of the greatest threats to the recovery of this species.

Thus, it was with shock and dismay I recently learned of the decision by the federal joint review panel for the Northern Gateway project to ignore the report as evidence in its ruling, as though vessel traffic and the potential for toxic spills were not two of the primary environmental concerns surrounding this proposal.

It is particularly stunning given that the report, submitted to the panel last week, was authored by a federal government agency, and yet the federal government is now saying it refuses to take into account its own information when ruling on this project. It begs the question of why we even have a federal government agency devoted to ensuring the health and viability of our fisheries and our waters when the research and recommendations they produce are ignored by the very same federal government.

The purpose of the joint review panel hearings is to weigh the available scientific evidence in determining whether this project will negatively impact habitat and endangered species.  The purpose of the work of the DFO is to ensure that information is considered when the government is weighing projects which will impact habitat and endangered species. The decision by the JRP to ignore the DFO report is not only wasteful indifference; it’s a double-play failure and abrogation of the duty of both of your departments to protect endangered species and our natural environment.

I wish I could feign some measure of surprise on this matter. But like many Canadians, I have come to see this kind of negligence as not only a passing tendency of the Conservative government but as a very intentional aspect of the government’s resource and environmental policy.

When the government of Canada ignores its own science on endangered species protection, it’s no wonder why Canada has lost all credibility on environmental stewardship among both its own citizens and the international community.

Nathan Cullen

MP Skeena—Bulkley Valley

 

 

 
Copy of Nathan Cullen’s open letter on his website
 

 

Cullen calls Clark Redford pipeline deal “a bust hand”

Skeena Bulkley Valley MP and NDP House leader is calling today’s framework deal between BC Premier Christy Clark and Alberta premier Alison Redford, “a bust hand.”

In a statement released late Tuesday, Cullen said:

MP Nathan Cullen called the BC-Alberta framework agreement struck this morning regarding Enbridge “political window-dressing” that draws a blind on truth and transparency and deals a bust hand to British Columbia.

“When it comes to the Enbridge Northern Gateway Pipeline, everything is negotiable for Christy Clark, including principals and promises made leading up to last May’s provincial election,” Cullen said.

“The reality is that none of the five conditions Ms. Clark made such a big deal about 16 months as being necessary for Enbridge to put a pipeline through our province were even remotely addressed in today’s announcement.

“The best we got after overnight negotiations and months of high drama is the ‘possibility of progress’ and a bizarre blessing that somehow allows BC to negotiate directly with Enbridge.

“Today’s agreement does absolutely zero to protect BC’s environment and economy from a bitumen disaster,” Cullen said.

“It’s a shameful political ploy that greases Ms. Clark’s real agenda, which is to pump oil through BC regardless of environmental or economic costs.

“Six months into a new mandate and Premier Clark has turned her back on promises to stand up for BC and demand a higher standard from industry.”

Cullen noted Enbridge’s social licence to operate is clearly tied to safe oil transport, effective spill response, and First Nations consent, conditions on which today’s agreement is silent.

Cullen vowed to continue fighting the Enbridge pipeline and to work toward sustainable resource development that is supported by Skeena-Bulkley Valley communities.

“No need to scare people” about tanker disasters, Transport Minister tells Commons

“There is no need to scare people,” about tankers, Transport Minister Denis Lebel told the House of Commons on Thursday, March 28.

Lebel was answering a question from Skeena Bulkley Valley MP and NDP House Leader Nathan Cullen.

The official transcript from Hansard records Cullen’s question about the federal government’s unexpected declaration that Kitimat would become a public port.

Mr. Speaker, last week, in their panic to ram a bitumen pipeline through to British Columbia’s north coast, the Conservatives simply decreed that they would take over the Port of Kitimat. Rather than picking up the phone and talking with the local council or the Haisla Nation, the government parachuted in a minister from Toronto to make the announcement. There was no consultation, no respect, just bulldozers.
We see again the fundamental disrespect the government has for first nations here today. Now the Conservatives are scrambling, saying that they will consult after they have clearly made up their minds, the exact approach they take on the pipeline. When will the government start to respect the people of the northwest?

Lebel replied in French, and as is usual in Question Period did not answer Cullen’s question.

The official translation in Hansard reads.

Mr. Speaker, last week we announced the creation of an expert panel. These people will work together to think of how to improve things.
We have a very good system for dealing with oil spills. We will continue to move forward and keep everyone safe.
Canada has not had any major oil spills in its history. There is no need to scare people. We will continue to work on measures.
I thank all members of the panel led by Mr. Houston for their ability to find solutions.

This Youtube video shows Cullen’s question and Lebel’s response. The live translation is a little different, but the effect is the same.


Cullen later issued a news release commenting

Cullen’s question came on the heels of reports that neither Kitimat Council nor the Haisla Nation were consulted in advance of the federal government’s decision to take over the Kitimat port. The move represents an apparent ongoing tendency by the Conservative federal government to offer consultation with communities and First Nations, but only after they’ve already made their decision.

Cullen later reflected that, regardless of one’s position on the Northern Gateway pipeline, open and prior consultation is crucial to fostering good governance and the trust of the general public. By contrast, said Cullen, “the Conservatives are writing the book on how to ignore communities and First Nations, and damage public faith. This is just the latest chapter.”

Denis Lebel represents that land locked Quebec riding of  Roberval—Lac-Saint-Jean. The riding does have Lac St. Jean which is described in Wikipedia as

a large, relatively shallow lake in south-central Quebec, Canada, in the Laurentian Highlands. It is situated 206 kilometres north of the Saint Lawrence River, into which it drains via the Saguenay River. It covers an area of 1,053 km2 (407 sq mi), and is 63.1 m (207 ft) at its deepest point.

It is unlikely there will ever be a Very Large Crude Carrier on Lac St. Jean.

In its earliest statements the Harper Conservatives were careful to say that there had never been a tanker disaster on the west coast. Now, in its Orwellian fashion, the government is now saying “Canada has not had any major oil spills in its history.”

That statement, of course, ignores the Arrow tanker disaster off  Chedabucto Bay, Nova Scotia on  February 4, 1970, which the Environment Canada website, (as of April 1, 2013), describes this way

the calamity had reached catastrophic proportions. Out of the 375 statute miles of shoreline in the Bay area, 190 miles had been contaminated in varying degrees.

The Maritime Musem of the Atlantic wreck site describes a double barreled disaster where the oil was transferred to the Irving Whale, which later sank

There is also this report from a student at St Francis Xavier university.

 Related:

Analysis: The Harper government’s week of history-making blunders

Harper, Enbridge “poisoning the well” for northwest BC industrial development, Cullen says

Both the Conservative government of Stephen Harper and Enbridge Northern Gateway have “poisoned the well” against industrial developers in the northwest of BC and that is increasing resistance to all projects, Skeena Bulkley Valley MP and NDP House Leader told reporters Thursday, February 14.

Cullen was speaking during a regular conference call held with northwest BC media and was promoting his current Renewal Northwest tour of the riding.

“[There is a] huge amount of investment in the northwest,” Cullen said. The Renewal Northwest tour, he said, is intended to “bring the public into it, knowing good from bad, right from wrong.because some of these projects that will be excently suited for the northwest and others pose far too many risks. And how do you make that decision?”

“It’s a conversation a lot of people have been itching to get at.” Cullen said because in northern British Columbia a significant number of people have resisted development, whether it’s the proposed Northern Gateway pipline or fracking in the Sacred Headwaters of the Skeena, Stikine and Nass Rivers.

“Once you get past the conversation of what you don’t want, comes the conversation of what we do want.” Cullen said. “That means good jobs that fit in with our local ecology and our own values. It’s never been really been brought altogether.”

“To be honest most of the developers I talk to, most ofthe people looking to do mining or a gas pipeline or some other project are also looking for those same guidelines. What is it that the northwest wants? How is it that we can the social licences we call it to operate here?

“I’ve spoken to a number of these proponents and a lot of them realize that the well has been poisoned in part by the Harper government who has tried to bully people and call them names and shut down their voices. People get their backs up when they do that. It’s won them no friends.” Cullen said.

“In the case of Enbridge, a lot of those proponents will privately talk to you about how much harder it is to have a conversation in a community after Enbridge has been through town and offended people or just presented something in such a way that people get very resitant.

“I think that there has to be some repair work that has to be done. People do not have faith in the Harper government to protect some of these other values.

“Some of these companies have an up hill struggle based on recent community experience from which the likes of Enbridge has made them quite aware.

“A lot of them are picking up best practices.which is ‘don’t do what Enbridge did,’ do something smarter, more inclusive, and less abrasive. So people are learning there’s a path. We just have to describe what that path looks like.”

(An executive of one company planning an LNG development told Northwest Coast Energy News some months ago, “We’re looking at what Enbridge did and doing the opposite.”)

On the other hand, Cullen believes Enbridge is continuing to go in the opposite direction.

“Enbridge has been learning from the Harpter government doing these omnibus revisions to their pipeline and routing plans, dumpng huge amounts of paper, including increasng the amount of bitumen increasing the threat. All the time the federal government doesn’t seem to mind, Consistently British Columbia residents remain opposed and consistently opposed, with very at all supportive, I think the last poll had 11 per cent strongly support the project.”

Cullen was asked about reports, first from PostMedia News Scientist calls new confidentiality rules on Arctic project ‘chilling’ and later on CBC Canadian federal research deal ‘potentially muzzles’ U.S. scientists
that the Harper government is moving beyond trying to control information released by scientists who are government employees to any scientist who may work alongside those scientists or participate in a federally sponsored research project.

“This is a continuation of a pattern from this government, they are now trying to muzzle people , they don’t actually control and folks are resisting cause it goes against every princple of what good science is you put it out into the public sphere for debate and learning,” Cullen said. “It shows that the government isn’t interested in those facts.

“So it gets worse and worse. It goes back to an earlier question about what it’s like to work in the northwest , the well is poisoned by the Harper government when it comes to any of these questions because thy do things like this and people lose any confidence that the government’s impartial. Well, it’s obviously not, It’s only looking for one answer with anything to do with oil and gas in particular. Anyone who presents anything like science or evidence to the contrary is just shut down and muzzled and I am glad to see the scientific community shows backbone and resists.”

CNOOC-Nexen deal makes “absolutely no sense” Cullen says, fears Beijing will dictate Canadian resource policy

Skeena Bulkley Valley MP and NDP House leader says the Harper government’s approval of the takeover by CNOOC, the China National Offshore Oil Corporation of the Alberta-based energy company, Nexen Inc.  makes “absolutely no sense.” Cullen also told northwest reporters in an end-of-year news conference that if the Conservatives continue their present policies, “Beijing will be directing Canadian energy policy and what we do with natural resources.”

Cullen said the approval of the CNOOC Nexen deal was a major development: “The other big news was the reluctant, but enthusiastic approval of the CNOOC Nexen deal; this is the purchase of by the Chinese state-owned company CNOOC. Nexen [is] the 12th largest group in the oil sands, which is also meant to be the source for the Northern Gateway pipeline.

“Stop if anyone thinks this is a coordinated conspiracy to turn the oil sands into an entirely Chinese government owned project.

“[It is] very, very unpopular in Canada, very unpopular in Alberta and the government did this very strange thing where they approved the deal and then said never again because the net benefit test is not being met and that it’s bad for Canada but this deal can go ahead.

“It makes absolutey no sense whatsoever. This combined with the agreement with China, the Foreign Investment Protection Agreement, it now allows the Chinese government to buy up as many oil sands leases as they want. This will very much put a chill on any government in Canada, provincial or federal from introducing laws that hurt Chinese interests because we are now open to lawsuits.”

Cullen was also asked about the PetroChina’s purchase of a stake in the Browse LNG project in Australia. (Cullen’s news conference took place before the announcement that PetroChina had bought into an Encana project as well) and the prospect for LNG projects at Kitimat and Prince Rupert.

“I don’t think the market has the capacity for all of these projects to go ahead and that’s coming from people who know a lot more about LNG shipping than I do.

“I don’t think we have the carrying capacity in the northwest for all of them to go ahead. It will be the first two or three through the gate that will be successful and I think there’s some concern from folks when they look at the whole sweep of projects being proposed what the total shipping traffic would be and what the impact would be just in general. I can see people’s hesitation.

“We’ve been trying to work with those companies so they are out and meeting with the communities. Like any industry there are some companies that are quite open and good at consulting and actually accommodating peoples’ concerns. There are others are not so good. So we’ve been trying to encourage everyone to get to the gold standard and know that they need a social licence to operate in the northwest and if they don’t ahve it, it’s very difficult for the project to get off the ground.

Wild, wild west

“When we don’t have good laws in Canada talking about saying what foreign state control over our natural resources can and can’t be, it’s the wild, wild west. So as this thing goes along, the concerns will become more and more clear that the interests being served will not be Canadian.

“To give the Chinese credit, they’re absolutely up front and explicit about this. To the Conservative government’s complete shame, they don’t seem to care. Beijing will be directing Canadian energy policy and what we do with natural resources.

“All of this to win the government a little bit of favour with the Chinese is just maddening to me.

“Again I recall the old line the Conservatives used to use in elections ‘we’re going to stand up for Canada.’ Wow, did that ever turnout to be an outright lie.

So it’s frustrating and its very worrisome. This isn’t a right-left thing, I’m hearing from a lot of conservative commentators and folks back in the northwest who are very strong supporters of Conservative politics that this not their kind of conservative government, they don’t even recognize it any more.

“This happens to prime ministers from time to time. They get sucked in to the lobbyists and the global circuit and really start to lose touch with what Canadian values are. I think, unfortunately that’s what happened to our prime minister.

Related Links

Nexen news release

Norton Rose law firm guidelines for State Owned Enterprises in Canada

Gateway JRP denies request from Nathan Cullen to hold hearings in Kitimat

The Northern Gateway Joint Review Panel today denied a request from Skeena Bulkley Valley MP to reconsider its decision not to hold the questioning round of final hearings in Kitimat. The JRP is still reserving its decision on locations for final arguments.

The panel had previously decided to hold those hearings in Prince Rupert, Prince George and Edmonton.

In its ruling on Cullen’s request, the JRP said:

Your request for the Panel to reconsider its decision on the locations for the questioning phase of the final hearings did not contain any new information that was not considered by the Panel in its original determination. As such, your request is denied. The Panel further notes that no decision has been made with respect to the location for the final hearings for final argument. As indicated in Procedural Direction #8, these locations will be announced at a later date.

 

Cullen had also asked to be allowed to question government participants in the hearing.  That request was also denied because filed the request after the deadline. Cullen also plans to question Northern Gateway witnesses and so the JRP reminded him that:

In accordance with the Panel’s letter of 25 July 2012, you are reminded that the names of the witnesses or witness panels you intend to question and an estimate of how much time you will need to question each party or witness panel is to be submitted by 3 August 2012.

Kitimat gets ready for Joint Review hearings, protest rally and visit by NDP federal caucus

Kitimat is getting ready for the next round of Joint Review hearings in the district on the Enbridge Northern Gateway project.

The JRP is scheduled to hold the ten minute comment hearings at the Haisla Recreation Centre on the afternoon of June 25 and 26. The hearings scheduled for June 27 have been cancelled because, the JPR says: “The number of registered participants does not require the hearing session on 27 June.”  As with other locations, it appears that many people are dropping out of the hearings because given Prime Minister Stephen Harper’s determination to push through the pipeline no matter what and they feel their voices will not matter.

On Monday night, June 18, the District of Kitimat Council approved a request from Douglas Channel Watch for a protest rally to be held Sunday, June 24, at 2 p.m. in the lower parking lot at City Centre Mall. The application to the council said that a number of speakers will also address the issue of the government’s omnibus Bill C-38.

Margaret Ouwehand of Douglas Channel Watch, also noted in her application, “we wish to have a short march where participants would walk on sidewalks and obey all traffic signals.” In the report on the application, District staff noted that under the BC Municipal Code, a march of more than 30 people is considered a parade and in the case of Kitimat would also require the permssion of the local RCMP. The protest rally is being heavily promoted on Twitter and Facebook as well as more traditional media, so it is likely that there will be more than 30 people participating in the rally and march.

At the same time, some members of the federal NDP caucus will be in Kitimat for the second day of the hearings. A release from the NDP says Deputy Leader and Environment Critic Megan Leslie will lead the delegation to the northwest.

“Our caucus feels so strongly about the risks of Enbridge that many MPs are joining Megan to stand up to heavy-handed Conservative tactics,” said Skeena-Bulkley MP and House Leader Nathan Cullen. “The government has gutted environmental assessments and is trying to ram this project through and we’re not going to let that happen.”

The NDP Enbridge tour begins on Monday, June 25 with events and a public forum in Vancouver, a clear attempt to gain major media attention there, especially in an era where budget-strapped news organizations are always reluctant to send people to Kitimat.

Leslie and Cullen will then lead a smaller delegation to meet with Haisla Chief Councillor Ellis Ross and will tour a portion of the proposed marine route that oil supertankers would take to transport raw bitumen to Asia from Kitimat.

As well as attending the JRP hearings at Kitamaat Village, the NDP caucus plan to meet with local muncipal leaders in Kitimat as well as municipal officials and First Nations leaders from other communities.

“I’m really looking forward to key members of our Opposition caucus meeting with people who are directly affected by Enbridge,” Cullen said in his news release.

“Having taken part in dozens of Enbridge rallies and meetings over the years, I know there will be many very powerful moments. It’ll be pretty up front and personal.

“Megan and our caucus are here to stand in solidarity with residents of the Northwest in opposing a dangerous project that brings us so many risks and really only benefits Enbridge shareholders.”

In the evening after the JRP hearings, the NDP will then hold a public forum at the Best Western Inn in Terrace, starting about 6:30 p.m. (depending on the length of the afternoon JRP hearings)

Terrace mayor Dave Pernarowski and perhaps members of other local councils will make a welcoming statement, followed by an address from MEgan and then an information session with presentations from individuals & organizations, followed by a question and answer session and break-out groups for those interested.

With the June 27 JRP hearings now cancelled, there may be a second public meeting in Kitimat that afternoon starting at 12:30 p.m. but that is yet to be confirmed.

 

(Typo fixed, correcting day of rally from Monday to Sunday)