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Friday, November 4, 2016

Two ignorant "T"s

Two classic narcissists in the news of late both have surnames beginning with "T":  Trudeau and Trump.  They are very alike in many aspects -- not the least of which is their almost complete ignorance of the respective constitutions of their native lands. 

According to the Oxford Dictionary, "ignorance" is defined as a "want of knowledge, of lacking knowledge, uniformed" and these two take the cake.  I guess it's not surprising for Trudeau, who went to the French French "Lycee Claudel", where he might have picked up a few strands about the French constitution, but unfortunately theirs has pretty much nothing in common with the Canadian Westminster variety.  Coupled with his major in drama, this lack of education might explain why he puts forward as his nominee for the Supreme Court of Canada Justice Malcolm Rowe, of the Court of Appeal of Newfoundland and Labrador -- a guy who declared after he learned of his good fortune, "I want to make law, not interpret it." 

How completely astounding.  This guy does not know that Parliament makes laws and the Supreme Court interprets them -- or at least that's the way it's supposed to operate.  Shhh, don't tell Chief Beverly McLaughlin.  She apparently believes she makes, interprets and upholds the laws of this land regardless of well, anything!  Talk about someone believing their own press.

Trudeau also summarily declared all Liberal Senators "independent" and kicked them out of caucus.  Along with removing two duly-elected MPs from their seats and crossing the floor to punch a female MP as he manhandled another, the hapless Trudeau might as well have torn up the Canadian constitution, tossed it into the gutter and stomped on it.  

Happily, Natural Resources Minister Jim Carr knows enough about the constitution to understand that the federal government does not have to secure the approval of native communities to build a pipeline that crosses reserve territory; the government's only obligation is to consult openly and thoroughly with pipeline residents, which is what the government has done ad nauseum.  No "approval" is required because they don't own the land.

The Constitution Act of 1867 assigned legislative jurisdiction over Indian lands to The Crown, i.e., the Canadian government.  Reserve lands may not be seized legally, it continues.  "The legal title of an Indian reserve is vested in Her Majesty (Canada), but which is set apart for use of an Indian band."

All that to say that when a project is in the national interest -- such as a railway, a highway or a pipeline -- the government has the right to put it through.  That is precisely why the drafters gave use, but not title, to natives on reserve land.  I am a tad more confident a pipeline might actually get built, based on what the natural resources minister has said.  I am also happy to hear from the Kinder Morgan president that many native leaders support lucrative pipelines crossing through reserve territory, but sad to learn they will not publically admit it.  Too bad so few Canadians -- starting with the PM -- bother to google these acts and inform themselves of the law of the land. 

Enviro's, natives, Gregor Robertson, Denis Coderre, Christie Clark, David Suzuki, Elizabeth May, Neil Young, Leonardo di Caprio, et al, are you listening?  It's time for Canadians to quit arguing the toss and get on with it.         

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