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MLA Hanson Talks: Opposiion MLAs are off the fence

A commentary created by Alberta Wildrose MLAs including Lac La Biche representative Dave Hanson
Lac La Biche Post

Good fences make good neighbours
Every one of us instinctively knows about fences. We trust fences. They give us a sense of stability and predictability. Not only do they define the rules, they also tell us that the rules apply to everybody.
The truth is that we need fences because we need boundaries. Civilization relies on boundaries. Like fences, they tell us where our own authority (or permission to
act) stops and starts, and where the other person’ s authority stops and starts. Where you have authority, your neighbour does not. And where your neighbour has authority, you do not.
Boundaries are equally important-in fact essential-when it comes to governing. In Canada, there are boundaries (legal fences) between the authority of the federal government, the authority of the provincial government, and the authority of a mayor or city government.
The federal government has authority over things like currency, national defense, and interprovincial transportation of resources. Provincial governments have authority over education, municipalities, and property law. Mayors and city governments have authority over sewer systems, city streets, and subdivision development.
Recently, provincial governments and big city mayors have been speaking out against interprovincial pipeline construction. Many Albertans have responded by calling the whole matter of equalization into question. But the problem is bigger
than equalization.
According to University of Saskatchewan law professor Dwight Newman, the Supreme Court determined in 1954 that provincial governments cannot interfere with the federal government’ s sole authority over interprovincial pipelines. Newman even points to legal provisions which say that provinces must make provincial Crown land available for federally approved interprovincial pipelines. He adds that the City of Burnaby’ s notion that it can interfere with the federally regulated Kinder Morgan pipeline is absurd.
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The same applies to the mayor of Montreal. In law there is an insurmountable fence-a legal Berlin Wall-between Montreal’ s mayor and any decisions about a federally regulated interprovincial pipeline.
Currently, interprovincial pipeline construction is professionally and independently evaluated and approved by the National Energy Board (NEB)-an agent of the federal government that wields parliamentary authority. The NEB was created after one of the most famous parliamentary confrontations ever, known as the Great Pipeline Debate of 1956.
During the Great Pipeline Debate, MPs fought over the proposed route and financing of the first TransCanada Pipeline. Parliament turned to bedlam, leading to the defeat of the liberal government of Louis St. Laurent. Recognizing that Parliament could never go through that again, Laurent's successor, John Diefenbaker, created the National Energy Board.
Today, Justin Trudeau wants to change the way interprovincial pipeline construction will be approved. He wants First Nations governments to be part of the process, which makes sense. But he also wants to pull municipal governments and anti-development lobby groups more formally into the mix, seemingly eroding the integrity of the existing legal fences between mayors, provincial capitols, and the federal government. (Imagine if the construction of the CPR had been left up to big city mayors. Canada probably wouldn’ t exist.)
The basis of Canadian democracy and the foundation of Canada’ s government is rooted in the principle that the legal fences separating the powers of various governments must be respected. When individuals seek to usurp or denigrate the rightful authority of the federal government, they’ re not trampling on Alberta.
They’ re trampling on the integrity of the Canadian Constitution.
The following article was co-compiled by a small group of Official Opposition MLAs who each week, get together to talk through a legislative policy issue. As part of the process, a short commentary is compiled and then edited. The editorial committee members include GRANT HUNTER, Cardston-Taber-Warner; RICK STRANKMAN, Drumheller-Stettler;; and DAVE SCHNEIDER, Little Bow; WES TAYLOR , Battle River-Wainwright; RON ORR, Lacombe-Ponoka, MARK SMITH Devon-Drayton Valley, DAVE HANSON Lac La Biche-St. Paul-Two Hills, DON MacINTYRE Innisfail-Sylvan Lake,
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