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Alberta

Indigenous leaders see progress in 2023 but continue to advocate for national loan guarantee program

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Wolf Midstream and its partners in the Northern Lakeland Indigenous Alliance participate in a signing ceremony celebrating a $103 million loan guarantee from the AIOC to obtain a 43% stake in the Access NGL Pipeline System. Photo courtesy AIOC

From the Canadian Energy Centre

By Shawn Logan

“Things are starting to work but self-determination is the ultimate goal.”

When John Desjarlais reflects on 2023, he admits he had feared a growing national tide of Indigenous investment in key energy projects was due to hit a speedbump.

Instead, as a new year approaches, the executive director of the Indigenous Resource Network (IRN) says any doubts have been replaced by optimism that the positive momentum of the last few years will flow into 2024.

“I’m feeling more optimistic now. I’m pleased to see the level of conversation being had with Indigenous leaders,” he said.

“I think there is growing opportunity for Indigenous participation across entire value chains, for board and executive positions, and more meaningful involvement. I think we’re really going to see the needle move in 2024.”

John Desjarlais, executive director of the Indigenous Resource Network in Bragg Creek, Alta. Photo by Dave Chidley for the Canadian Energy Centre

Despite the year’s slow start, Desjarlais said 2023 became something of a bellwether for how the rest of the world views the involvement of First Nations and Métis in Canada’s oil and gas industry.

In April, Desjarlais joined a delegation of Indigenous leaders in Ottawa to meet face-to-face with diplomats from some of the world’s strongest economies. Joined by Haisla Nation Chief Councillor Crystal Smith, First Nations LNG Alliance CEO Karen Ogen and former Enoch Cree First Nation chief Billy Morin, the delegation quickly learned not only was there an appetite for Canadian energy, but for Indigenous knowledge and participation on the critical file.

“Every official had a real desire to really understand Indigenous sentiment around resource development. There was a sincere desire to learn from our perspective,” Desjarlais told the CEC following the meetings with representatives from G7 allies Germany, France, Japan and the United States, as well as Poland and India.

However, while potential international energy partners are intrigued by the potential of relationships with Indigenous energy suppliers, a significant hurdle remains – the need for a national loan guarantee program that would empower more Indigenous ownership in community-transforming projects, particularly oil and gas.

Dale Swampy, president of the National Coalition of Chiefs, is a veteran in the fight for First Nations and Métis to fully benefit from critical resources to directly benefit communities. And he is hopeful there is growing recognition in Ottawa that enabling self-determination is an effective and enduring pathway to prosperity.

“The only way to defeat on-reserve poverty is to create ways to employ people,” he said.

“And the only industry that gives us this opportunity is the natural resources industry.”

Alberta has been a leader in helping open doors to indigenous ownership of major resource projects, launching the Alberta Indigenous Opportunities Corporation (AIOC) in 2019. As the year came to a close, the AIOC announced two more major deals, which will see the total investment backed by the fund to date reach more than $680 million, directly impacting 42 Indigenous groups.

Dale Swampy President National Coalition of Chiefs. Canadian Energy Centre photo

In what marks the second-largest loan guarantee backed by the provincial corporation, 12 Indigenous communities will invest $150 million to obtain 85 per cent ownership in oil and gas midstream infrastructure in the Marten Hills and Nipisi areas of the Clearwater play in Northern Alberta.

While the ink was still drying, two days later another deal saw five First Nations in northwestern Alberta enter into a $20.5 million partnership with NuVista Energy Ltd. for majority ownership of an emissions-reducing cogeneration unit at the Wembley gas plant in the County of Grande Prairie.

The AIOC’s success saw the Alberta government increase its loan guarantee capacity to $2 billion this year, and it’s set to increase it further to $3 billion for the 2024-2025 fiscal year.

Desjarlais’ IRN spent most of 2023 advocating for a federal version of the AIOC, to emulate its success at the national level.

Chief Greg Desjarlais of Frog Lake First Nation signs a historic agreement between Enbridge and 23 First Nation and Métis communities in September 2022. The communities acquired, collectively, an 11.57% non-operating interest in seven Enbridge-operated pipelines in the Athabasca region of northern Alberta for $1.12 billion on September 22, 2022. Photo courtesy Enbridge

In its fall financial update, the federal government announced it would unveil a new Indigenous loan guarantee program when it sets its 2024 budget this spring. But there has been no commitment to include oil and gas projects as part of the program.

Desjarlais said the fact a program has been promised is a good first step – now Indigenous leaders need to convince the federal government that imposing restrictions will only impede economic reconciliation.

“It looks like there is a program coming but we have to take a look at the exclusions,” he said.

“What we really want to see is less paternalism. Things are starting to work but self-determination is the ultimate goal.”

Desjarlais said the last few years have seen significant progress when it comes to Indigenous involvement in resource projects.

On the west coast, Indigenous-owned Cedar LNG and Ksi Lisims LNG will be at the vanguard of Canada’s first significant foray into exporting the in-demand fuel for customers in Asia. While several Indigenous communities across western Canada are investing in critical infrastructure like pipelines and carbon capture and storage projects.

For Swampy, that progress is long overdue. And it’s becoming increasingly clear that Indigenous communities no longer want to be reliant on government supports – they want to take control of their own destinies.

“They want to take part in the prosperity that comes with oil and gas, and they want to own it,” he said.

“All we ask is that we be involved when it comes to the question about land and resources. We don’t want to just be part of these consultations, we want to lead projects.”

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Alberta

Alberta awash in corporate welfare

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From the Fraser Institute

By Matthew Lau

To understand Ottawa’s negative impact on Alberta’s economy and living standards, juxtapose two recent pieces of data.

First, in July the Trudeau government made three separate “economic development” spending announcements in  Alberta, totalling more than $80 million and affecting 37 different projects related to the “green economy,” clean technology and agriculture. And second, as noted in a new essay by Fraser Institute senior fellow Kenneth Green, inflation-adjusted business investment (excluding residential structures) in Canada’s extraction sector (mining, quarrying, oil and gas) fell 51.2 per cent from 2014 to 2022.

The productivity gains that raise living standards and improve economic conditions rely on business investment. But business investment in Canada has declined over the past decade and total economic growth per person (inflation-adjusted) from Q3-2015 through to Q1-2024 has been less than 1 per cent versus robust growth of nearly 16 per cent in the United States over the same period.

For Canada’s extraction sector, as Green documents, federal policies—new fuel regulations, extended review processes on major infrastructure projects, an effective ban on oil shipments on British Columbia’s northern coast, a hard greenhouse gas emissions cap targeting oil and gas, and other regulatory initiatives—are largely to blame for the massive decline in investment.

Meanwhile, as Ottawa impedes private investment, its latest bundle of economic development announcements underscores its strategy to have government take the lead in allocating economic resources, whether for infrastructure and public institutions or for corporate welfare to private companies.

Consider these federally-subsidized projects.

A gas cloud imaging company received $4.1 million from taxpayers to expand marketing, operations and product development. The Battery Metals Association of Canada received $850,000 to “support growth of the battery metals sector in Western Canada by enhancing collaboration and education stakeholders.” A food manufacturer in Lethbridge received $5.2 million to increase production of plant-based protein products. Ermineskin Cree Nation received nearly $400,000 for a feasibility study for a new solar farm. The Town of Coronation received almost $900,000 to renovate and retrofit two buildings into a business incubator. The Petroleum Technology Alliance Canada received $400,000 for marketing and other support to help boost clean technology product exports. And so on.

When the Trudeau government announced all this corporate welfare and spending, it naturally claimed it create economic growth and good jobs. But corporate welfare doesn’t create growth and good jobs, it only directs resources (including labour) to subsidized sectors and businesses and away from sectors and businesses that must be more heavily taxed to support the subsidies. The effect of government initiatives that reduce private investment and replace it with government spending is a net economic loss.

As 20th-century business and economics journalist Henry Hazlitt put it, the case for government directing investment (instead of the private sector) relies on politicians and bureaucrats—who did not earn the money and to whom the money does not belong—investing that money wisely and with almost perfect foresight. Of course, that’s preposterous.

Alas, this replacement of private-sector investment with public spending is happening not only in Alberta but across Canada today due to the Trudeau government’s fiscal policies. Lower productivity and lower living standards, the data show, are the unhappy results.

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Alberta

‘Fireworks’ As Defence Opens Case In Coutts Two Trial

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From the Frontier Centre for Public Policy 

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.

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