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Indigenous band could have been more help, says judge in Wisconsin Line 5 dispute

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Fresh nuts, bolts and fittings are ready to be added to the east leg of the pipeline near St. Ignace as Enbridge prepares to test the east and west sides of the Line 5 pipeline under the Straits of Mackinac in Mackinaw City, Mich. on June 8, 2017. North America’s existential debate about the virtues and dangers of oil and gas pipelines faces a critical test today in Wisconsin. THE CANADIAN PRESS/AP, Detroit News, Dale G Young

By James McCarten in Washington

The Indigenous band in Wisconsin that’s trying to shut down the Line 5 pipeline got a chilly reception Thursday from a federal court judge who is dismayed they aren’t doing more to help Enbridge Inc. avoid an ecological disaster.

The Bad River Band of the Lake Superior Chippewa has asked district court Judge William Conley to order the pipeline shut down, fearing that heavy flooding last month could cause the line to spring a leak on their territory.

But from the outset of Thursday’s hearing, it was clear Conley — who ordered the two sides to work together last fall on finding a solution to their impasse — doesn’t believe the band is holding up its end of the bargain.

“The band has not helped itself by refusing to take any steps to prevent a catastrophic failure,” Conley said as the hearing got underway. “You haven’t even allowed simple steps that would have prevented some of this erosion.”

The day-long hearing ended without a decision on the band’s request for an injunction — and with the clear sense Conley is disinclined to grant one. “It’s an extraordinary request to make when the band is doing nothing,” he said.

But band lawyer Riyaz Kanji said he was pleased during an otherwise discouraging day that the judge gave indications he would establish a threshold for erosion damage that would trigger a shutdown.

“Unfortunately, from our point of view, he didn’t set that today — he’s not shutting it down,” Kanji said. “But we will remain hopeful that he will set a standard that will protect the river and its precious resources.”

Conley, who has already ruled that the band was entitled back in 2013 to revoke permission for the pipeline, was also unwilling to grant the injunction on the grounds that Enbridge no longer has the right to access the area.

“The harder thing to hear was that the judge appears unwilling … to issue an injunction because of Enbridge’s continuing trespass on the band’s lands,” Kanji said.

“It sounds like he’s thinking more in terms of financial penalties.”

In court documents, Enbridge has accused the band of being focused on a single outcome: the permanent closure of the pipeline on their territory “while refusing much less extreme alternative measures.”

The band argues that several weeks of flooding along the Bad River last month has washed away so much of the riverbank and supporting terrain that a breach is “imminent” and a shutdown order more than justified.

Enbridge insists the dangers are being overstated — and even if they were real, the company’s court-ordered contingency plan, which spells out the steps it would take, would be a far more rational solution.

“Enbridge will pre-emptively purge and shut down the line well in advance of any potential rupture,” the company says in its court brief, adding that the area remains under constant 24-hour video surveillance.

“Any flooding and erosion has not, and would not, catch Enbridge by surprise.”

But Enbridge has been rebuffed in its efforts to perform remedial work on the site, which would include using sandbacks and trees to fortify the riverbanks — a decision band chairman Mike Wiggins defended Thursday.

The band has the right under federal law to enforce its own water quality standards, which were “developed by careful evaluation of our relationships, as a people, with different parts of our hydrology in the Bad River watershed,” Wiggins told a news conference after the hearing.

“What was kind of put forward today was, ‘None of that stuff should matter. None of that stuff should exist. When Enbridge came knocking, you should have just let them do whatever they want,'” he said.

“We disagree.”

Heavy flooding that began in early April washed away significant portions of the riverbank where Line 5 intersects the Bad River, a meandering, 120-kilometre course that feeds Lake Superior and a complex network of ecologically delicate wetlands.

The band has been in court with Enbridge since 2019 in an effort to compel the pipeline’s owner and operator to reroute Line 5 around its traditional territory — something the company has already agreed to do.

But the flooding has turned a theoretical risk into a very real one, the band argues, and time is now of the essence. Lawyers for the band and its supporters were scheduled to hold a news conference after the hearing.

Line 5 meets the river just past a location the court has come to know as the “meander,” where the riverbed snakes back and forth multiple times, separated from itself only by several metres of forest and the pipeline itself.

At four locations, the river was less than 4.6 metres from the pipeline — just 3.4 metres in one particular spot — and the erosion has only continued.

The neighbouring state of Michigan, led by Attorney General Dana Nessel, has been waging its own war against Line 5, fearing a leak in the Straits of Mackinac, the ecologically delicate waterway where the pipeline crosses the Great Lakes.

“The alarming erosion at the Bad River meander poses an imminent threat of irreparable harm to Lake Superior which far outweighs the risk of impacts associated with a shutdown of the Line 5 pipeline,” Nessel argues in her brief.

“Without judicial intervention, it is likely that this irreparable harm will be inflicted not only on the band, but also on Michigan, its residents, and its natural resources.”

The economic arguments against shutting down the pipeline, which carries 540,000 barrels of oil and natural gas liquids daily across Wisconsin and Michigan to refineries in Sarnia, Ont., are by now well-known.

Line 5’s defenders, which include the federal government, say a shutdown would cause major economic disruption across the Prairies and the U.S. Midwest, where it provides feedstock to refineries in Michigan, Ohio and Pennsylvania.

It also supplies key refining facilities in Ontario and Quebec, and is vital to the production of jet fuel for major airports on both sides of the Canada-U.S. border, including Detroit Metropolitan and Pearson International in Toronto.

A lengthy statement issued Tuesday by the Canadian Embassy warned of severe economic consequences of shutting down the line, as well as the potential ramifications for bilateral relations.

“The energy security of both Canada and the United States would be directly impacted by a Line 5 closure,” the statement said. Some 33,000 U.S. jobs and US$20 billion in economic activity would be at stake, it added.

“At a time of heightened concern over energy security and supply, including during the energy transition, maintaining and protecting existing infrastructure should be a top priority.”

Talks have been ongoing for months under the terms of a 1977 pipelines treaty between the two countries that effectively prohibits either country from unilaterally closing off the flow of hydrocarbons.

This report by The Canadian Press was first published May 18, 2023.

— With files from The Associated Press

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Canada holds valuable bargaining chip in trade negotiations with Trump

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From the Fraser Institute

By Alex Whalen and Jake Fuss

On the eve of a possible trade war with the United States, Canadian policymakers have a valuable bargaining chip they can play in any negotiations—namely, Canada’s “supply management” system.

During his first day in the Oval Office, President Donald Trump said he may impose “25 per cent” tariffs on Canadian and Mexican exports into the United States on Feb. 1. In light of his resounding election win and Republican control of both houses of congress, Trump has a strong hand.

In response, Canadian policymakers—including Prime Minister Justin Trudeau and Ontario Premier Doug Ford—have threatened retaliation. But any retaliation (tariffs imposed on the U.S., for example) would likely increase the cost of living for Canadians.

Thankfully, there’s another way. To improve our trade position with the U.S.—and simultaneously benefit Canadian consumers—policymakers could dismantle our outdated system of supply management, which restricts supply, controls imports and allows producers of milk, eggs and poultry to maintain higher prices for their products than would otherwise exist in a competitive market. Government dictates who can produce, what can be produced, when and how much. While some aspects of the system are provincial (such as certain marketing boards), the federal government controls many key components of supply management including import restrictions and national quotas.

How would this help Canada minimize the Trump threat?

In the U.S., farmers backed Trump by a three-to-one margin in the 2024 election, and given Trump’s overall views on trade, the new administration will likely target Canadian supply management in the near future. (Ironically, Trump has cried foul about Canadian tariffs, which underpin our supply management system.) Given the transactional nature of Trump’s leadership, Canadian negotiators could put supply management on the negotiating table as a bargaining chip to counter demands that would actually damage the Canadian economy, such as Trump’s tariffs. This would allow Trump to deliver increased access to the Canadian market for the farmers that overwhelmingly supported him in the election.

And crucially, this would also be good for Canadian consumers. According to a 2015 study, our supply management system costs the average Canadian household an estimated extra $300 to $444 annually, and higher prices hurt lower-income Canadians more than any other group. If we scrapped supply management, we’d see falling prices at the grocery store and increased choice due to dairy imports from the U.S.

Unfortunately, Parliament has been moving in the opposite direction. Bill C-282, which recently passed in the House of Commons and is now before the Senate, would entrench supply management by restricting the ability of Canadian trade negotiators to use increased market access as a tool in international trade negotiations. In other words, the bill—if passed—will rob Canadian negotiators of a key bargaining chip in negotiations with Trump. With a potential federal election looming, any party looking to strengthen Canada’s trade position and benefit consumers here at home should reject Bill C-282.

Trade negotiations in the second Trump era will be difficult so our policymakers in Ottawa and the provinces must avoid self-inflicted wounds. By dismantling Canada’s system of supply management, they could win concessions from Team Trump, possibly avert a destructive tit-for-tat tariff exchange, and reduce the cost of living for Canadians.

Alex Whalen

Director, Atlantic Canada Prosperity, Fraser Institute

Jake Fuss

Director, Fiscal Studies, Fraser Institute
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StatsCan Confirms Canada’s Middle Class Is Disappearing Under Liberal Mismanagement

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The Opposition with Dan Knight

A new Statistics Canada report reveals widening income inequality and a shrinking middle class, all while Trudeau’s Liberals push policies that benefit the wealthy and punish working Canadians.

A newly released report from Statistics Canada on household economic accounts for the third quarter of 2024 confirms what many Canadians have long suspected—while the wealthiest continue to rake in profits, middle- and lower-income families are left struggling under the weight of economic policies that seem designed to work against them. The report, released today, paints a stark picture of a country where financial inequality is not just persisting, but growing.

The numbers don’t lie. Income inequality has increased, with the top 40% of earners pulling even further ahead of the bottom 40%. The gap in disposable income between these two groups expanded to 46.9 percentage points, up from 46.3 just a year ago. The highest-income households saw their disposable income rise by 6.8%, largely driven by soaring investment gains, while the poorest Canadians saw only a 3.7% increase, barely enough to keep up with the cost of living. Meanwhile, middle-income earners experienced sluggish wage growth of just 2.7%, well below the national average.

Despite declining interest rates, lower-income households found themselves paying more on mortgages and consumer credit, while the wealthy reaped the benefits of higher investment yields. The data shows that middle-income households, who are already feeling the squeeze from inflation and stagnating wages, saw their share of national income shrink.

The most revealing statistic is in net worth distribution. The top 20% of wealthiest Canadians control nearly two-thirds (64.7%) of the country’s net worth, averaging an eye-watering $3.3 million per household. Meanwhile, the bottom 40% hold just 3.3%, barely scraping by with an average of $83,189 in assets.

However, the real estate market has provided a rare silver lining for some lower-wealth households, as they were able to take advantage of slightly more favorable conditions to buy homes, increasing their net worth at the fastest pace. But even that gain is tempered by the reality that housing costs remain unaffordable for many, and young Canadians under 35 continue to pull back from homeownership altogether.

Let’s be clear—this isn’t happening by accident. This is what happens when you let a government of self-serving narcissists run the country into the ground. Justin Trudeau and his Liberal Party have spent nearly a decade dismantling the Canadian economy, pushing a radical, ideologically driven agenda that benefits their elite donor class while leaving working Canadians behind. And now, as the country crumbles under the weight of their incompetence, Trudeau is running for the exits, leaving the mess to whoever’s foolish enough to take the job.

And what do they do on the way out? Do they work to secure our economy? To make life more affordable? To protect Canadian workers? No. Instead, they decide to pick a fight with the United States. Donald Trump, who actually puts his country first—imagine that—announces a 25% tariff on Canadian imports, a move meant to address drug trafficking and illegal immigration, and what’s the Liberals’ response? Do they try to work out a deal? Do they negotiate in good faith to protect Canadian jobs? No. Instead, Chrystia Freeland comes out swinging, proposing retaliatory tariffs that will hurt Canadian businesses just as much, if not more, than they’ll hurt the U.S.

This isn’t about protecting Canada. This isn’t about securing the border or fighting for our economy. This is about pure, partisan politics. The Liberal base wants conflict with the U.S. Not because it’s good for the country, but because their fragile, self-righteous worldview depends on it. They hate Trump, and they hate that his America-First policies are actually working for American workers. So instead of finding a solution, they escalate. They antagonize. Because their base loves it. Not because Canada benefits, but because Liberals benefit.

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And meanwhile, what’s Jagmeet Singh doing? The man who loves to talk about standing up for the working class? He could pull the plug on this corrupt government today with a non-confidence motion. But he won’t. Because, like every other member of the political elite in this country, he’s more interested in protecting his own position than actually doing his job. He makes noise about fighting for Canadian workers, but when the moment comes to act, he folds—again.

So here we are. The economy is in shambles. The wealth gap is growing. The middle class is getting squeezed to death. And the people in charge are too busy playing partisan games to do anything about it. Trudeau is leaving, but his legacy of economic destruction, division, and incompetence will live on through the same out-of-touch Liberal elites who put us in this mess.

But here’s the thing—Canada is better than this. We are a nation built on hard work, freedom, and opportunity, not on government control, reckless spending, and endless excuses. We are a country that thrives when its people—not bureaucrats in Ottawa—decide their own future.

It’s time for Canadians to take their country back. It’s time to put an end to this cycle of economic ruin and government failure. We don’t need more empty promises, more excuses, or more Liberal arrogance. We need an election. We need leaders who believe in the strength of Canadians, not the power of government.

Enough is enough. If we want a future where hard work is rewarded, where families can afford to buy a home, and where our economy is built to benefit all Canadians—not just the elite—then we must act. This country belongs to you, not the Liberal Party, not the special interests, and certainly not the self-serving political class in Ottawa.

Canada deserves better. And the time to demand it is now.

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