Energy
Welcome to “Oil & Gas Silencing” Bill C-59: Where Trudeau’s Science Court Rules, Not Real People With Real Science
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From EnergyNow.ca
By Jim Warren
Follow those who seek the truth. Run from the man who says he’s found it.
-Václav Havel, first president of Czechoslovakia after the 1989 Velvet Revolution.
In addition to its threat to the right of free expression, Bill C-59, stands as a threat to the free spirit of inquiry that sustains modern science. Many of the efforts undertaken today to reduce the environmental footprint of the gas and petroleum industries are based on scientific research conducted by professionals whose efforts are guided by a set of well-established philosophical and methodological principles. The efforts of climate change scientists who attempt to more accurately assess the causes, pace and intensity of anthropogenic global warming operate under similar guidelines.
Science regulates adherence to its philosophical and methodological standards through a system whereby research methods and the findings of research are published and reviewed by panels of experienced practitioners in its various disciplines – the famous scientific peer review process. In this way the quality of findings can be assessed. Findings that are based on flawed methodology can be outright rejected or researchers can be asked to adjust their methods and try again. Even if a statistical study or experiment has made it through peer review once, ongoing efforts are made to check the work against new information and experiments are subjected to replication efforts.
Rejections of flawed research can happen quickly, but, unfortunately, can sometimes take years. For example, it took the leading medical journal, The Lancet, 12 years to debunk a fraudulent 1998 study it had published linking vaccinations for measles, mumps and rubella (MMR) to colitis which was in turn linked to autism.
Bill C-59 proposes to establish a government appointed agency with the capacity to launch prosecutions which will presumably be adjudicated by a quasi-judicial panel or tribunal with the ability to impose jaw-dropping penalties in the millions. The tribunal will assess claims made by conventional energy companies about improvements regarding things such as emissions levels. Judgments will similarly be made regarding the claims of journalists and individuals who publish the claims of those companies. This is a process that will lead to dividing the findings of science into a government approved body of work and heretical unapproved science.
The Soviet Union adopted the practice of recognizing only politically-correct government-approved science. One of the many reasons Soviet agriculture was so backward was because the approved method for improving crop genetics to develop varieties with greater tolerance to drought and early frosts was based on the “Party-approved” theory, Lamarckism. This was the idea that a trait that developed due to use or disuse during an organism’s lifetime could be transmitted to its offspring. If you grew a plant during a drought, its offspring would be drought tolerant.
Prosecutions under the Bill C-59 legislation will place a reverse onus condition on the accused. Those charged will not be presumed innocent until proven guilty. They will be required to prove what they said was true.
Willy Pickton and Paul Bernardo obtained the benefit of a right not available under Bill C-59. Those two outstanding citizens were presumed innocent until being proven guilty beyond a reasonable doubt. What comes next, reviving the evidentiary tests used in medieval witchcraft trials?
There is a mismatch between the philosophy of science and a quasi-judicial process that demands true or false certainty for scientific claims. The philosopher Karl Popper famously argued that the findings of scientific investigation can never be assumed to represent some sort of absolute immutable truth, in part because we can never know the future with absolute certainty. We are blind to whether new, not yet imagined, developments will arise in the future that falsify a scientific claim made today. According to Popper, researchers can refute or falsify a pre-existing claim but cannot claim that a new finding is absolutely true now and forever.
New research results always have a conditional status. Even after they have survived one or more tests and efforts to replicate their experimental results, they remain valid only until such a time as the next attempt proves them incorrect. This is why one of the principal tasks of good science is to critically assess the theories and findings of what is sometimes erroneously referred to as “decided science.” We often hear the claim that some science is so widely accepted it can be considered decided. The claim is false though it is made by people who should know better like the celebrity scientist Neil deGrasse Tyson. He claims the science on climate change is decided science.
Claiming that many or most scientists believe in the science around climate change does not make it correct. First of all which parts of climate science do they believe? It is a large and complex field with many streams of investigation. Furthermore, that huge body of work itself includes numerous contradictory research findings.
Publication and peer review are the principal means that allow scientific knowledge to change and hopefully improve over time. That is why the testing of theories and research findings is an ongoing, potentially never-ending scientific process. Why not allow the process to unfold as usual rather than giving the government the authority to own the unvarnished scientific “truth?”
Einstein shared many of Popper’s views. And he also had a few things to say about so-called “decided science.” The Nazis were always uncomfortable with the fact that although Einstein was German-born he was also a Jew. They were embarrassed that Einstein’s scientific achievements were overshadowing the work of “Aryan” scientists. In 1931, a group of scientists sympathetic to the Nazis published the book, 100 Authors against Einstein. Einstein was not impressed with the fact they had found so many critics. He had several criticisms of the book including his assertion that science is not done by taking a poll.
Clearly it would not be possible to state you can prove your scientific claim is true as a defense in climate court and remain consistent with Popper and his fundamental principles of science. All you can do is show that you followed a suitable methodology and logically assessed the evidence you found. But what assurance do we have the Trudeau court of science will be satisfied with this sort of assertion. A lot will hang on who the Liberals appoint to the bench.
Another reason reviewing the work of other researchers is considered critical to the scientific process is because even when studies and experiments are conducted with the utmost integrity they can generate erroneous findings. People are fallible, a decimal point winds up in the wrong place; lab equipment fails, and so on. And, unfortunately, as is the case in many fields of human endeavor, there are fraudsters and incompetents working in science. Nonetheless, while it may be imperfect in many ways, the process of scientific inquiry is the best system we have yet devised for coming as close to approximating objective truth as is possible.
In these enlightened days, when honest errors are made, we expect them to be corrected. For the past two centuries the task of reviewing and correcting scientific errors has been done by the scientific community. There are exceptions. There are authoritarian states like the former Soviet Union that have “official science” and “illegal science.” It goes back to Galileo and the Inquisition.
Under the peer review process developed by scientists, lab-coated lynch mobs are not dispatched to hang, draw and quarter scrupulous scientists whose results are rejected. Lying and cheating are another matter entirely and sanctions are imposed on those caught doing it. That is why even Dr. Fauci is said to be looking over his shoulder these days.
It hardly serves the public good to stifle the spirit of free scientific inquiry. If scientists become worried that conducting an experiment and publishing the findings could result in large fines and possible imprisonment if their results are subsequently falsified, science as we know it would cease. Conceivably, every physicist prior to Einstein had imperfect ideas about light and gravity. They weren’t rounded up and fined or imprisoned after Einstein came up with specific and general relativity. If any of Einstein’s scientific work is one day found wanting, the Nobel Prize committee won’t ask for the return of his prize.
We might reasonably expect a similar reaction from publishers and journalists who currently inform the public about developments in science. If they can be punished because the scientific developments they report are later claimed to be in error or have simply been improved upon, they are apt to quit telling the public about new science. Why assume the risk? This would no doubt be a particularly worrisome possibility if the new science involved innovations in petroleum production that are found to reduce emissions.
There is no single “accepted,” version of our climate future claimed by the Intergovernmental Panel on Climate Change (IPCC) – only a pile of speculations and probabilities based on hopefully accurate climate models and many assumptions about social and economic conditions in the future. And, as mentioned previously, claiming anything is “decided science” is ridiculous – science by definition is never fully decided, it is an ongoing process that does not presume to arrive at final absolute truths.
What if one of the predictions about the pace of climate change and its impacts made by the IPCC, or journalists from the alarmist camp is proven incorrect, shouldn’t the same rules apply? Should they not be subject to prosecution by the science inquisition? That’s not likely going to happen. It appears the intention of the Trudeau-Angus rules is that the only science subject to punishment will be the science that produces results they don’t like.
Who decides?
It is unclear exactly who will be passing judgment in the Trudeau court of science. Will Charlie Angus be appointed to the bench? Will experts in the philosophy and methodology of science be appointed to the review tribunal?
Or will the principles of Diversity, Equity and Inclusion guide appointments? Sure, that will fix everything. Science could be adjudicated by a PhD in gender studies who claims science was designed by the patriarchy, and therefore oppresses women and should be replaced by science as understood by oppressed identity groups. Justin will love it.
Let’s hope the Trudeau science court will include some people with legal backgrounds who believe in due process under the law. Maybe they could come up with a workaround for the reverse onus rules under Bill C-59.
Some of us find it quite difficult to be optimistic about a science court. There is concern that in the woke and virtuous world inhabited by Justin Trudeau and Steven Guilbeault the “truth” about the science of climate change has been decided and can be found on the CBC and Greenpeace websites. Those who beg to differ can tell it to the judge.
Energy
Federal Government Suddenly Reverses on Critical Minerals – Over Three Years Too Late – MP Greg McLean
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From Energy Now
By Calgary MP Greg McLean
Government in Full Reverse
Canada-U.S. Trade Relations is obviously the most pressing issue facing Canadians today.
It’s important to remember how we arrived at this point, but also to question the sincerity of the Liberal Ministers and leadership contenders who are now posing solutions, such as:
- We need to diversify our resource trade
- We need to build pipelines and infrastructure to get our exports to tidewater
- We need to streamline our regulatory burden that stands in the way of development
- We need to halt the escalating carbon tax
- We need to reverse the capital gains tax increase
The Liberals are turning themselves inside out on the policy choices they have made over nine years, and put Canada in a precarious economic position vis-à-vis our trade position.
If you believe what they are saying now, these Liberal Ministers and leadership contenders are saying that Canada needs EXACTLY THE OPPOSITE of what they have delivered over these past nine years.
I can’t comment on whether these NEW Liberal policy positions completely lack sincerity, or whether they are the result of a ‘deathbed conversion’, but nine years of moving in the exact opposite direction to their new words has led Canada to where it is today – and that is nine lost years for Canadians, our prosperity, and our role in a complex world.
Below is another example of a specific morphing of a Liberal policy – to the one I helped put forth – 3 ½ years ago – regarding Canada’s policy on critical minerals.
Minister Late to Critical Mineral Strategy
Here’s a gem of wisdom from December’s Fall Economic Statement:
Canada will work with the United States and other likeminded partners to address the impacts of non-market policies and practices that unduly distort critical mineral prices. This includes ensuring that market participants recognize the value of critical minerals produced responsibly, with due regard for high environmental standards and labour practices.
Then, on January 16th, the following from Canada’s Natural Resource Minister, Jonathan Wilkinson:
During a panel discussion in Washington on Wednesday, Natural Resources Minister Jonathan Wilkinson proposed that enforcing a floor on metals prices could be “one of the centerpieces of the conversations we would then be having at the G7” summit later this year.
Western nations have long warned that China’s dominance in everything from nickel to lithium has let the country’s producers flood the market with supply, thereby keeping prices artificially low for competitors. Wilkinson has touted price floors as a way to combat that market control.
What a great idea!
Here’s the relevant excerpt from June, 2021, from a dissenting report on the Natural Resources Committee, when I served as my party’s critic, in contrast to the government’s critical minerals approach at that time:
Recommendation 4: Coordinate with our allies to establish a dedicated supply stock of critical minerals, possibly through a physical storage and floor pricing mechanism for visibility and pricing purposes.
Excerpt: Canada is too small of a market to undertake this effort on its own, but it can play a key role with its longstanding leadership as the mining jurisdiction of choice in the world. Canada’s pre-eminent role as a financing jurisdiction for international mining is well understood. Although we are at the early stages of losing this historical leadership to Australia, acting quickly to solidify Canada’s leadership will be a strong signal. Australia and Europe have already established critical mineral strategies to offset the dominance of the market that China has exerted. At the very least, Canada’s coordination needs to include the United States, and probably Mexico (through CUSMA), as the ongoing funding of a critical mineral supply may require backstopping developments with a price amelioration mechanism. In essence, a floor price to ensure the protection of critical mineral developments from manipulating price volatility – and which has held back developments, or caused the insolvency of several of these developments, due to non-transparent world market pricing mechanisms. … Establishing a steady supply of these critical minerals will lead to more value-added opportunities, in conjunction with our trade partners.
Conservative Dissenting Recommendations
My question to the Minister: ‘What took you so long?’
This approach was presented three and a half years ago – and the Government chose to ignore it then.
No surprise now, perhaps, as we’ve seen this Minister flip-flop on so many of the nonsense policies he’s put forth or acquiesced in at Cabinet:
- The Clean Electricity Regulations (still opaque)
- Canada’ role in shipping hydrocarbons to the world
- Building energy infrastructure
To say nothing of the various Cabinet decisions he has been a part of that have led to Canada’s current weak negotiating position with our allies. We effectively have not had a Minister of Natural Resources under his tenure.
Nothing topped it off more succinctly than his speech at the World Petroleum Show, held in Calgary in September 2023, when his remarks on behalf of the Government of Canada left industry participants around the world questioning whether the Minister was ‘tone-deaf’ or if, in fact, he knew anything about natural resources.
It seems his move to the position I promoted – three and a half years ago – shows that he’s finally listening and learning (or un-learning his previous narratives, perhaps)– but it’s quite late in the day. Time and our future have been wasted.
Alberta
Open letter to Ottawa from Alberta strongly urging National Economic Corridor
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Canada’s wealth is based on its success as a trading nation. Canada is blessed with immense resources spread across a vast country. It has succeeded as a small, open economy with an enviable standard of living that has been able to provide what the world needs.
Canada has been stuck in a situation where it cannot complete nation‑building projects like the Canadian Pacific Railway that was completed in 1885, or the Trans Canada Highway that was completed in the 1960s. With the uncertainty of U.S. tariffs looming over our country and province, Canada needs to take bold action to revitalize the productivity and competitiveness of its economy – going east to west and not always relying on north-south trade. There’s no better time than right now to politically de-risk these projects.
A lack of leadership from the federal government has led to the following:
- Inadequate federal funding for trade infrastructure.
- A lack of investment is stifling the infrastructure capacity we need to diversify our exports. This is despite federally commissioned reports like the 2022 report by the National Supply Chain Task Force indicating the investment need will be trillions over the next 50 years.
- Federal red tape, like the Impact Assessment Act.
- Burdensome regulation has added major costs and significant delays to projects, like the Roberts Bank Terminal 2 project, a proposed container facility at Vancouver, which spent more than a decade under federal review.
- Opaque funding programs, like the National Trade Corridors Fund (NTCF).
- Which offers a pattern of unclear criteria for decisions and lack of response. This program has not funded any provincial highway projects in Alberta, despite the many applications put forward by the Government of Alberta. In fact, we’ve gone nearly 3 years without decisions on some project applications.
- Ineffective policies that limit economic activity.
- Measures that pit environmental and economic objectives in stark opposition to one another instead of seeking innovative win-win solutions hinder Canada’s overall productivity and investment climate. One example is the moratorium on shipping crude through northern B.C. waters, which effectively ended Enbridge’s Northern Gateway proposal and has limited Alberta’s ability to ship its oil to Asian markets.
In a federal leadership vacuum, Alberta has worked to advance economic corridors across Canada. In April 2023, Alberta, Saskatchewan and Manitoba signed an agreement to collaborate on joint infrastructure networks meant to boost trade and economic growth across the Prairies. Alberta also signed a similar economic corridor agreement with the Northwest Territories in July 2024. Additionally, Alberta would like to see an agreement among all 7 western provinces and territories, and eventually the entire country, to collaborate on economic corridors.
Through our collaboration with neighbouring jurisdictions, we will spur the development of economic corridors by reducing regulatory delays and attracting investment. We recognize the importance of working with Indigenous communities on the development of major infrastructure projects, which will be key to our success in these endeavours.
However, provinces and territories cannot do this alone. The federal government must play its part to advance our country’s economic corridors that we need from coast to coast to coast to support our economic future. It is time for immediate action.
Alberta recommends the federal government take the following steps to strengthen Canada’s economic corridors and supply chains by:
- Creating an Economic Corridor Agency to identify and maintain economic corridors across provincial boundaries, with meaningful consultation with both Indigenous groups and industry.
- Increasing federal funding for trade-enabling infrastructure, such as roads, rail, ports, in-land ports, airports and more.
- Streamlining regulations regarding trade-related infrastructure and interprovincial trade, especially within economic corridors. This would include repealing or amending the Impact Assessment Act and other legislation to remove the uncertainty and ensure regulatory provisions are proportionate to the specific risk of the project.
- Adjusting the policy levers that that support productivity and competitiveness. This would include revisiting how the federal government supports airports, especially in the less-populated regions of Canada.
To move forward expeditiously on the items above, I propose the establishment of a federal/provincial/territorial working group. This working group would be tasked with creating a common position on addressing the economic threats facing Canada, and the need for mitigating trade and trade-enabling infrastructure. The group should identify appropriate governance to ensure these items are presented in a timely fashion by relative priority and urgency.
Alberta will continue to be proactive and tackle trade issues within its own jurisdiction. From collaborative memorandums of understanding with the Prairies and the North, to reducing interprovincial trade barriers, to fostering innovative partnerships with Indigenous groups, Alberta is working within its jurisdiction, much like its provincial and territorial colleagues.
We ask the federal government to join us in a new approach to infrastructure development that ensures Canada is productive and competitive for generations to come and generates the wealth that ensures our quality of life is second to none.
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Devin Dreeshen
Devin Dreeshen was sworn in as Minister of Transportation and Economic Corridors on October 24, 2022.
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