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Alberta

Russian billionaire couple claims Canadian sanctions are unjustified and unreasonable

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Russian billionaire Andrey Melnichenko and his wife Aleksandra want to be taken off Canada’s sanctions list, claiming in Federal Court they’ve been wrongfully labelled as “elites and close associates” of the Russian regime.

The Melnichenkos filed two applications in the Federal Court of Canada in late March, seeking to quash a decision to place them under sanctions related to the war in Ukraine.

Court documents obtained by The Canadian Press reveal that the pair have been fighting their inclusion on Canada’s list of “designated persons” under its Russian sanctions regime since October 2022.

Back in February, the Trudeau government announced amendments to the Special Economic Measures (Russia) Regulations, which included placing the Melnichenkos on a list of 122 sanctioned individuals tied to the government of Russian President Vladimir Putin.

The couple claim the Canadian government has failed to provide them with any evidence to justify their inclusion on the list.

The list includes Russian elites and policymakers thought to be “engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine.”

“Mr. Melnichenko does not have, and has not had, any association with the Government of Russia or President Putin,” Andrey Melnichenko’s application states. “He left Russia 20 years ago and has resided in Switzerland for the past 13 years. There is no reasonable basis for the Minister to believe otherwise.”

His wife, a former model and Serbian pop singer, claims she’s been wrongly targeted by Canadian sanctions, since she has no ties to Russia and doesn’t have any involvement in companies founded by her husband.

The couple’s Canadian lawyers, Scott Hutchison and Eleni Loutas with Henein Hutchison Robitaille LLP in Toronto, declined to comment on their cases.

Andrey Melnichenko’s public relations director, Alexander Byrikhin, did not immediately respond to an emailed request for comment.

Global Affairs Canada said in an emailed statement that it “cannot release information on individuals or entities listed under the Special Economic Measures (Russia) or comment on individual cases.”

“In response to Russia’s illegal and unjustifiable invasion of Ukraine, Canada has imposed hard-hitting sanctions against the Russian regime and those who enable it,” the statement said.

Aleksandra Melnichenko claims in her application that she’s a European citizen with “no connections to Russia whatsoever.”

She denies any involvement in two companies founded by her husband, fertilizer firm EuroChem, and SUEK, a coal company, both of which are owned by a trust administered in the European Union.

“She is merely a beneficiary of the discretionary trust managed by the independent trustee,” her application claims. “The latter is the legal owner of the named companies.”

In June 2022, EuroChem issued a “statement on ownership and control” following reports that Andrey Melnichenko had ceded ownership in the firm to his wife just before being sanctioned by the EU.

“EuroChem Group AG is not sanctioned, has never been sanctioned, and is free to continue with its important mission of supplying high-quality crop nutrients to world markets,” the statement said. “EuroChem is majority-owned and controlled by EU trustees of a trust, whose beneficiary, Aleksandra Melnichenko, has no majority ownership of, nor influence over, EuroChem. Therefore, EuroChem is not controlled by any sanctioned person.”

Aleksandra Melnichenko claims her “erroneous” inclusion on sanctions lists in the EU, Switzerland and Canada caused “difficulties for the companies’ operations worldwide, increasing the ongoing food and energy crisis.”

Andrey Melnichenko claims he’s been falsely portrayed as an “oligarch” in control of the companies, causing production disruptions at facilities in Europe after he was sanctioned by the EU.

His court application warns of similar “unintended consequences” in Canada, where the Russian sanctions list now includes more than 1,300 individuals.

It states that he’s not an oligarch but a “self-made businessman,” quoting a Forbes report referring to his fortune being made independently and free of ties to the Russian government under both Putin and Boris Yeltsin.

Melnichenko sits at number 58 on Forbes’ billionaires list with a net worth of more than $25 billion, which he amassed beginning in the early 1990s with a chain of currency exchange booths, before founding MDM Bank, and later EuroChem and SUEK.

“As has occurred in Europe, sanctioning Mr. Melnichenko could disrupt EuroChem and SUEK’s operations and detrimentally impact the global fertilizer supply which, in turn, has the potential to exacerbate the ongoing food shortage,” he claims in Federal Court.

Julia Webster, a Toronto-based international trade lawyer and partner at Baker McKenzie, said Canada’s approach to Russia contrasts with other countries currently under sanctions.

Unlike sanctions on Haiti, Myanmar, Iran and Sri Lanka, Canada’s sanctions on Russia represent a “true decoupling of economies,” she said, given the economic entanglements between western nations and Russia before its invasion of Ukraine.

She said Canada’s sanctions list mirrors that of allied nations.

“The sanctions are being implemented in co-ordination with Canada’s allies,” Webster said. “There is overlap on many of the prohibitions that are in place amongst the sanctions regimes between different countries and the people who are designated on those sanctions regimes, but there are also differences and Canada at this time seems to have actually one of the strictest regimes comparatively to its allies.”

In March 2022, the EU sanctioned Andrey Melnichenko, noting his attendance at a meeting held by Putin with Russian business leaders and oligarchs on the day of the invasion of Ukraine.

“The fact that he was invited to attend this meeting shows that he is a member of the closest circle of Vladimir Putin and that he is supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, as well as stability and security in Ukraine,” the EU said.

Shortly after Andrey Melnichenko was sanctioned in the EU, Italian authorities seized the couple’s $600-million “Sailing Yacht A,” but their other vessel, Motor Yacht A, valued at $300 million, avoided a similar fate by docking in the United Arab Emirates at the time.

In August 2022, the United Stated designated Melnichenko as a “Putin enabler,” pointing to his past involvement in Russia’s financial services sector.

“Listing carries serious social, economic and personal consequences,” the couple claims.

This report by The Canadian Press was first published April 16, 2023.

Darryl Greer, The Canadian Press

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Alberta

Here’s why city hall should save ‘blanket rezoning’ in Calgary

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From the Fraser Institute

By Tegan Hill and Austin Thompson

According to Calgarians for Thoughtful Growth (CFTG)—an organization advocating against “blanket rezoning”— housing would be more affordable if the mayor and council restricted what homes can be built in Calgary and where. But that gets the economics backwards.

Blanket rezoning—a 2024 policy that allowed homebuilders to construct duplexes, townhomes and fourplexes in most neighbourhoods—allowed more homebuilding, giving Calgarians more choice, and put downward pressure on prices. Mayor Farkas and several councillors campaigned on repealing blanket rezoning and on December 15 council will debate a motion that could start that process. As Calgarians debate the city’s housing rules, residents should understand the trade-offs involved.

When CFTG claims that blanket rezoning does “nothing” for affordability, it ignores a large body of economic research showing the opposite.

New homes are only built when they can be sold to willing homebuyers for a profit. Restrictions that limit the range of styles and locations for new homes, or that lock denser housing behind a long, costly and uncertain municipal approval process, inevitably eliminate many of these opportunities. That means fewer new homes are built, which worsens housing scarcity and pushes up prices. This intuitive story is backed up by study after study. An analysis by Canada’s federal housing agency put it simply: “higher residential land use regulation seems to be associated with lower housing affordability.”

CFTG also claims that blanket rezoning merely encourages “speculation” (i.e. buying to sell in the short-term for profit) by investors. Any profitable housing market may invite some speculative activity. But homebuilders and investors can only survive financially if they make homes that families are willing to buy or rent. The many Calgary families who bought or rented a new home enabled by blanket rezoning did so because they felt it was their best available option given its price, amenities and location—not because they were pawns in some speculative game. Calgarians benefit when they are free to choose the type of home and neighbourhood that best suits their family, rather than being constrained by the political whims of city hall.

And CFTG’s claim that blanket rezoning harms municipal finances also warrants scrutiny. More specifically, CFTG suggests that developers do not pay for infrastructure upgrades in established neighbourhoods, but this is simply incorrect. The City of Calgary charges an “Established Area Levy” to cover the cost of water and wastewater upgrades spurred by redevelopment projects—raising $16.5 million in 2024 alone. Builders in the downtown area must pay the “Centre City Levy,” which funds several local services (and generated $2.5 million in 2024).

It’s true that municipal fees on homes in new communities are generally higher, but that reflects the reality that new communities require far more new pipes, roads and facilities than established neighbourhoods.

Redeveloping established areas of the city means more residents can make use of streets, transit and other city services already in place, which is often the most cost-effective way for a city to grow. The City of Calgary’s own analysis finds that redevelopment in established neighbourhoods saves billions of taxpayer dollars on capital and operating costs for city services compared to an alternative scenario where homebuilding is concentrated in new suburban communities.

An honest debate about blanket rezoning ought to acknowledge the advantages this system has in promoting housing choice, housing affordability and the sustainability of municipal finances.

Clearly, many Calgarians felt blanket rezoning was undesirable when they voted for mayoral and council candidates who promised to change Calgary’s zoning rules. However, Calgarians also voted for a mayor who promised that more homes would be built faster, and at affordable prices—something that will be harder to achieve if city hall imposes tighter restrictions on where and what types of homes can be built. This unavoidable tension should be at the heart of the debate.

CFTG is promoting a comforting fairy tale where Calgary can tighten restrictions on homebuilding without limiting supply or driving up prices. In reality, no zoning regime delivers everything at once—greater neighbourhood control inevitably comes at the expense of housing choice and affordability. Calgarians—including the mayor and council—need a clear understanding of the trade-offs.

Tegan Hill

Director, Alberta Policy, Fraser Institute

Austin Thompson

Senior Policy Analyst, Fraser Institute
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Alberta

The case for expanding Canada’s energy exports

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From the Canadian Energy Centre

By Deborah Jaremko

For Canada, the path to a stronger economy — and stronger global influence — runs through energy.

That’s the view of David Detomasi, a professor at the Smith School of Business at Queen’s University.

Detomasi, author of Profits and Power: Navigating the Politics and Geopolitics of Oil, argues that there is a moral case for developing Canada’s energy, both for Canadians and the world.

David Detomasi. Photo courtesy Smith School of Business, Queen’s University

CEC: What does being an energy superpower mean to you?

DD: It means Canada is strong enough to affect the system as a whole by its choices.

There is something really valuable about Canada’s — and Alberta’s — way of producing carbon energy that goes beyond just the monetary rewards.

CEC: You talk about the moral case for developing Canada’s energy. What do you mean? 

DD: I think the default assumption in public rhetoric is that the environmental movement is the only voice speaking for the moral betterment of the world. That needs to be challenged.

That public rhetoric is that the act of cultivating a powerful, effective economic engine is somehow wrong or bad, and that efforts to create wealth are somehow morally tainted.

I think that’s dead wrong. Economic growth is morally good, and we should foster it.

Economic growth generates money, and you can’t do anything you want to do in social expenditures without that engine.

Economic growth is critical to doing all the other things we want to do as Canadians, like having a publicly funded health care system or providing transfer payments to less well-off provinces.

Over the last 10 years, many people in Canada came to equate moral leadership with getting off of oil and gas as quickly as possible. I think that is a mistake, and far too narrow.

Instead, I think moral leadership means you play that game, you play it well, and you do it in our interest, in the Canadian way.

We need a solid base of economic prosperity in this country first, and then we can help others.

CEC: Why is it important to expand Canada’s energy trade?

DD: Canada is, and has always been, a trading nation, because we’ve got a lot of geography and not that many people.

If we don’t trade what we have with the outside world, we aren’t going to be able to develop economically, because we don’t have the internal size and capacity.

Historically, most of that trade has been with the United States. Geography and history mean it will always be our primary trade partner.

But the United States clearly can be an unreliable partner. Free and open trade matters more to Canada than it does to the U.S. Indeed, a big chunk of the American people is skeptical of participating in a global trading system.

As the United States perhaps withdraws from the international trading and investment system, there’s room for Canada to reinforce it in places where we can use our resource advantages to build new, stronger relationships.

One of these is Europe, which still imports a lot of gas. We can also build positive relationships with the enormous emerging markets of China and India, both of whom want and will need enormous supplies of energy for many decades.

I would like to be able to offer partners the alternative option of buying Canadian energy so that they are less reliant on, say, Iranian or Russian energy.

Canada can also maybe eventually help the two billion people in the world currently without energy access.

CEC: What benefits could Canadians gain by becoming an energy superpower? 

DD: The first and primary responsibility of our federal government is to look after Canada. At the end of the day, the goal is to improve Canada’s welfare and enhance its sovereignty.

More carbon energy development helps Canada. We have massive debt, an investment crisis and productivity problems that we’ve been talking about forever. Economic and job growth are weak.

Solving these will require profitable and productive industries. We don’t have so many economic strengths in this country that we can voluntarily ignore or constrain one of our biggest industries.

The economic benefits pay for things that make you stronger as a country.

They make you more resilient on the social welfare front and make increasing defence expenditures, which we sorely need, more affordable. It allows us to manage the debt that we’re running up, and supports deals for Canada’s Indigenous peoples.

CEC: Are there specific projects that you advocate for to make Canada an energy superpower?

DD: Canada’s energy needs egress, and getting it out to places other than the United States. That means more transport and port facilities to Canada’s coasts.

We also need domestic energy transport networks. People don’t know this, but a big chunk of Ontario’s oil supply runs through Michigan, posing a latent security risk to Ontario’s energy security.

We need to change the perception that pipelines are evil. There’s a spiderweb of them across the globe, and more are being built.

Building pipelines here, with Canadian technology and know-how, builds our competitiveness and enhances our sovereignty.

Economic growth enhances sovereignty and provides the resources to do other things. We should applaud and encourage it, and the carbon energy sector can lead the way.

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