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Federal emissions cap a slap in the face to Indigenous peoples: Stephen Buffalo

Published

2 years ago

7 minute read

From the MacDonald Laurier Institute

By Stephen Buffalo

We are sick and tired of being poor and welfare dependency. We have, particularly in the past 20 years, established hundreds of companies and partnerships and trained thousands of our people for work in the energy industry. Now the government is cutting our feet out from under us again.

It’s hard to remain quiet. Prime Minister Justin Trudeau has long said that relationship and reconciliation with Indigenous peoples is a top priority for his government.

And then he ignores us again. The Government of Canada is on the verge of doing it once more, this time on the emissions cap.

The government is preparing for COP28, the world climate event being held, seemingly without a touch of irony, in Dubai. The latest attempt at global attention grabbing is anticipated to be a reduction in greenhouse gas emissions which, in Western Canada, is a code for a sharp drop in authorized fossil fuel production.

Over the past four decades, Canadian governments urged and promoted Indigenous peoples to engage in the natural resource economy. We were anxious to break our dependence on government and, even more, to exercise our treaty and Indigenous rights to build our own economies. We jumped in with far more enthusiasm and commitment than most Canadians appreciate.

Well over 100 First Nations are substantially invested in oil and gas production as employees, employers, partners and equity participants. Dozens more have approved pipeline construction across their traditional lands. Many more have solid investments in oil and gas development and infrastructure. And we seek a greater and more meaningful role.

Of course, we do not support unchecked exploitation of natural resources. We insist on careful attention to environmental protection and remediation. And we expect and deserve fair compensation for the extraction of oil and gas from our lands. We are sick and tired of being poor and welfare dependency. We have, particularly in the past 20 years, established hundreds of companies and partnerships and trained thousands of our people for work in the energy industry.

Now the government is cutting our feet out from under us again. Over the past decade, Ottawa slowed pipeline development, passed legislation that hampered resource development, imposed increasingly strict controls on fossil fuel development, and created new levies and taxes to thwart our efforts.

They did all they could to shame the industry that, more than any other, sustains Canadian prosperity. Rapid population growth, manufacturing and urban sprawl, all major contributions to greenhouse gas emissions, have been largely untouched.

And now, in a bid to make Canada look ecologically virtuous on the world stage, the Liberal government is poised to impose further restrictions on the oil and gas sector. This is happening as Indigenous engagement, employment and equity investment is growing and at a time when our communities have had their first taste of real and sustainable prosperity since the newcomers killed off all the buffalo. Thanks for nothing.

We are astonished by Canada’s seemingly limited understanding of the role of oil and gas in Canadian prosperity. We get — and embrace — the concern about climate change and emissions. We support logical, collectively developed measures that will contribute to a reduction in Canada’s ecological impacts. But let us do this with our eyes wide open and by looking at all possible ways of meeting our climate targets. Norway gets little pushback for major expansions of its oil production; Canada, ever and undeservedly the global environmental doormat, takes intense criticism while operating one of the most environmentally sound and regulated energy sectors in the world.

All of Canada will pay a big price for our faux stewardship of the country’s remarkable energy resources. The federal government, wrestling with growing debt and staggering interest payments, collects billions annually in oil and gas revenues. The three western provinces contribute billions to federal equalization payments, with Quebec receiving the largest share.

But the western contribution earns little sympathy from Quebec, which stopped discussion of the Energy East pipeline in its tracks, closing off a new market for Canadian producers and retaining Eastern Canada’s dependence on imported oil. We are still waiting for a national “thank you” for access to the resources and the cash harvested from our oil and gas-rich lands.

It is fair to say that Canadians and the national government do not understand the seething anger building up in our communities. I know that I am not the only one who is truly upset. We followed government signals and found our feet economically in the past two decades. We created a space for ourselves in an industry that is fundamental to Canadian prosperity.

Indigenous people demonstrated their entrepreneurial skills and their ability to invest in both community development and long-term wealth creation keeping in mind both our present and future generations. The government seems willing to overturn our carefully won opportunities and prosperity, without the courtesy of full conversation acting as a colonial power.

Indigenous people have been betrayed many times over the last 200 years, but the most recent betrayals always hurt the most. We thought Canada had turned the corner in its respect for Indigenous peoples and our rights. Watch carefully over the next few days. If the prime minister talks about emissions controls, he really means production rollbacks. This is a slap in the face of Indigenous peoples.

Stephen Buffalo is a proud member of the Samson Cree Nation. He is president and CEO of the Indian Resources Council of Canada, chair of the board of directors of Alberta Indigenous Opportunities Corporation, a senior fellow at the MacDonald Laurier Institute, and the first ever Indigenous governor of the Canadian Energy Executive Association.

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Carney Hears A Who: Here Comes The Grinch

Published on December 11, 2025

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It’s a big day for the Who’s of Whoville. Mayor Augustus Maywho is now polling at 62 percent approval. Cindy Lou Who and Martha May Whovier can barely contain their trans-loving heart that finally the Pierre The Grinch is done.

Okay it’s not WhoVille. It’s Canada and it is leader Mark Carney who’s zooming in the polls against Pierre Poilievre. But it might as well be the real nation that Carney commands today. As 2025 comes to a conclusion Donald Trump seems the least of Whoville’s perils. For example:

The NDP government in B.C. has now declared that future legislation must be interpreted through the lens of the United Nations Declaration on the Rights of Indigenous Peoples. According to Chief Bent Knee (David Eby) this means that the province cannot act independently of the progressive diktats of Sudan, Nepal, Moldova and other international titans. Having been informed of Canada’s “genocidal” behaviour by Trudeau in the Rez Graves pantomime, the UN folk will no doubt look on Canadians as worthy of punishment.

The UNDRIP menace has been around since the days when Skippy Trudeau was wielding the mace in Parliament. On June 20, 2021 the federal government passed UNDRIP into law by a vote of 210 to 118. (The Liberals, NDP and Bloc all voted in favour.) The only party that opposed it were the Conservatives. In defence of those hapless boobs none of them voting yes ever expected a province to align itself with such legislation. That’s the Canadian way. Act on conscience. Retract on self preservation.

But on the heels of Eby’s unopposed capitulation to B.C.’s many “peoples” in recent land settlements, ones that threaten the legal right to properties of home owners, the wholesale framework for governing the province now will be determined by appeal to the UN.

The Carney crew — who act as though Canada’s indigenous communities are now equal partners in Confederation— assure Canadians that judicious lawyering by government savants has everything under control, but anyone trusting the Liberals after the past decade is in need of counselling.

The B.C. conundrum plays into another of the challenges (read: disasters) faced in B.C. by the Elbows Up brigade. Namely the much-heralded memorandum of understanding on energy policy between the feds and Alberta. Canadians were assured by Ottawa that this federal government sees pipelines as a priority, and getting Alberta’s product to tidewater as an urgent infrastructure need. Carney described the MOU as if it were a love-letter to the restless West. How is he going to get pipelines through to the B.C. coast when Eby and the indigenous said it was a no-go? Trust us, said Carney.

Before you could say Wetaskiwin dark clouds gathered on the deal. Smith took it in the ear from Alberta separatists for compromising anything to the feds. Carney, meanwhile, ran into the predictable roadblock from B.C. Eby talked of maybe allowing pipelines in the future, but the ban on shipping off the province’s shoreline was verboten.

To test the resilience of the MOU the federal Conservatives (remember them?) put forward a motion to build the pipeline from Alberta to the B.C. coast. Even though the motion used the same language of the MOU between Danielle Smith and Mark Carney, the Liberals and their hand maidens defeated the motion. Carney himself abstained because, hey look at that shiny object.

Immediately the Trudeaupian Deflection Shield was employed. Here’s Liberal Indigenous Service minister and proud Cree operative Mandy Gull Masty “Today’s motion that’s being put on the floor is not a no vote for the MOU. It’s a no vote against the Conservatives playing games and creating optics and wasting parliamentary time when they should be voting on things that are way more important.”

Robert Fife, the highly rated G&M scribbler who just won some big award, led the media pack, “Conservatives persist with cute legislative tricks, while the government tries to run a country.” Run a country? Into the ground?

Let’s not forget the $1.5 billion bloviators at CBC. They, too, say the vote is a big loss for the Tories. “It risks putting them offside, what is a very top priority and frankly, was considered a big win for Alberta Premier Danielle Smith.’” said Janyce McGregor. Here’s Martin Patriquin on one of the Ceeb’s endless panels. “It’s embarrassing, man. I don’t see any sort of political advantage to what happened today.”

Embarrassing? The Libs have committed to re-building gas pipelines in Ukraine, even as they stall on developing pipelines in Canada. Luckily CBC washrooms have no mirrors. And there’s always Donald Trump to deflect from the pantomimes of Canadians Laurentian debating club.

Here, CTV hair-and-teeth Scott Reid is nursing a Reuters poll that has Trump’s approval at historic lows of 36 percent. Reuters is a firm that predicted Kamala winning the presidency. Until she didn’t on Nov.4. Meanwhile Rasmussen, which correctly had Trump ahead the entire campaign, has his current approval at 44 percent while the RCP average is 43.9.

But corrupt data to make Trump seem odious is no sin in WhoVille Ottawa. Keep feeding the Karens bad data.  At least Canadians have their beloved healthcare to fall back on. Or maybe their beloved MAID. A Saskatchewan woman suffering from parathyroid disease has revealed that she is considering assisted suicide, because she cannot get the surgery she needs.

“Jolene Van Alstine, from Saskatchewan, has extreme bone pain, nausea and vomiting. She requires surgery to remove a remaining parathyroid, but no surgeons in the province are able to perform the operation.  In order to be referred to another province for the operation, Van Alstine must first be seen by an endocrinologist, yet no Saskatchewan endocrinologists are currently accepting new patients.

The pain has become so unbearable that she has been approved for Canada’s euthanasia and assisted suicide program, with the ending of her life scheduled to take place on 7 January 2026.”

Well. Happy New Year, Canada. May no one offer you MAID in the next twelve months.

Bruce Dowbiggin @dowbboy is the editor of Not The Public Broadcaster  A two-time winner of the Gemini Award as Canada’s top television sports broadcaster, his new book Deal With It: The Trades That Stunned The NHL And Changed hockey is now available on Amazon. Inexact Science: The Six Most Compelling Draft Years In NHL History, his previous book with his son Evan, was voted the seventh-best professional hockey book of all time by bookauthority.org . His 2004 book Money Players was voted sixth best on the same list, and is available via brucedowbigginbooks.ca.

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Daily Caller

US Supreme Court Has Chance To End Climate Lawfare

Published on December 10, 2025

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From the Daily Caller News Foundation

By David Blackmon

All eyes will be on the Supreme Court later this week when the justices conference on Friday to decide whether to grant a petition for writ of certiorari on a high-stakes climate lawsuit out of Colorado. The case is a part of the long-running lawfare campaign seeking to extract billions of dollars in jury awards from oil companies on claims of nebulous damages caused by carbon emissions.

In Suncor Energy (U.S.A.) Inc., et al. v. County Commissioners of Boulder County, major American energy companies are asking the Supreme Court to decide whether federal law precludes state law nuisance claims targeting interstate and global emissions. This comes as the City and County of Boulder, Colo. sued a long list of energy companies under Colorado state nuisance law for alleged impacts from global climate change.

The Colorado Supreme Court allowed a lower state trial court decision to go through, improbably finding that federal law did not preempt state law claims. The central question hangs on whether the federal Clean Air Act (CAA) preempts state common law public nuisance claims related to the regulation of carbon emissions. In this case, as in at least 10 other cases that have been decided in favor of the defendant companies, the CAA clearly does preempt Colorado law. It seems inevitable that the Supreme Court, if it grants the cert petition, would make the same ruling.

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Such a finding by the Supreme Court would reinforce a 2021 ruling by the Second Circuit Appeals Court that also upheld this longstanding principle of federal law. In City of New York v. Chevron Corp. (2021), the Second Circuit ruled that municipalities may not use state tort law to hold multinational companies liable for climate damages, since global warming is a uniquely international concern that touches upon issues of federalism and foreign policy. Consequently, the court called for the explicit application of federal common law, with the CAA granting the Environmental Protection Agency – not federal courts – the authority to regulate domestic greenhouse gas emissions. This Supreme Court, with its 6-3 conservative majority, should weigh in here and find in the same way.

Boulder-associated attorneys have become increasingly open to acknowledging the judicial lawfare inherent in their case, as they try to supplant federal regulatory jurisdiction with litigation meant to force higher energy prices rise for consumers. David Bookbinder, an environmental lawyer associated with the Boulder legal team, said the quiet part out loud in a recent Federalist Society webinar titled “Can State Courts Set Global Climate Policy. “Tort liability is an indirect carbon tax,” Bookbinder stated plainly. “You sue an oil company, an oil company is liable. The oil company then passes that liability on to the people who are buying its products … The people who buy those products are now going to be paying for the cost imposed by those products.”

Oh.

While Bookbinder recently distanced himself from the case, no notice of withdrawal had appeared in the court’s records as of this writing. Bookbinder also writes that “Gas prices and climate change policy have become political footballs because neither party in Congress has had the courage to stand up to the oil and gas lobby. Both sides fear the spin machine, so consumers get stuck paying the bill.”

Let’s be honest: The “spin machine” works in all directions. Make no mistake about it, consumers are already getting stuck paying the bill related to this long running lawfare campaign even though the defendants have repeatedly been found not to be liable in case after case. The many millions of dollars in needless legal costs sustained by the dozens of defendants named in these cases ultimately get passed to consumers via higher energy costs. This isn’t some evil conspiracy by the oil companies: It is Business Management 101.

Because the climate alarm lobby hasn’t been able to force its long-sought national carbon tax through the legislative process, sympathetic activists and plaintiff firms now pursue this backdoor effort in the nation’s courts. But their problem is that the law on this is crystal clear, and it is long past time for the Supreme Court to step in and put a stop to this serial abuse of the system.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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