About that Constitution ...

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People love talking about the Constitution these days

Ever notice that? We did. The word "unconstitutional" seems to come up in just about every news article and opinion piece about the Trans Mountain pipeline.

If only there was someone who really knew what the Constitution has to say about this — oh, right, there is.

His name is Jack Woodward and he, um, wrote it. Or at least the part of it that deals with First Nations' rights.

Editor-in-chief Emma Gilchrist asked Woodward what he thinks about the current back-and-forth about the pipeline, the ubiquity of the term "unconstitutional" and what that means for the future of the pipeline.

It was one of our most-read pieces ever. And it grabbed the attention of CBC Radio, which interviewed Woodward on The Current and All Points West on Tuesday. Thank you to everyone who donated to promote this story to thousands more readers! Check out the article.
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That piece was just one of the great stories we published this week. Caribou on the Brink: B.C. Herd Reduced to Three Females Points to Failure to Protect Endangered Species

By Judith Lavoie

The much-studied South Selkirk mountain caribou herd is teetering on the brink of extinction.

That discovery this month has focused international attention on the disaster faced by the only herd that roams between the U.S. and Canada, but biologists are warning that the crisis extends to other herds in the south of the province. Read more.

‘It’s An Environmental Law-Free Zone’: B.C. Auditor General Asked to Investigate Unregulated Placer Mining

By Judith Lavoie

Placer mining kills fish, damages streams, poses a risk to drinking water and jeopardizes Indigenous rights, but the activity is virtually unregulated and brings little money into government coffers, says a new report.

“The province allows prospectors to stake claims in private property, salmon watersheds and Indigenous lands, leaving local communities to cope with potential mercury contamination and other hazards,” the report says.

“Placer mining offers little in economic return to offset the environmental damage." Read more.

B.C. Is Taking the Kinder Morgan Question to Court. Here’s What you Need to Know.

By Emma Gilchrist

With the announcement on Wednesday that the B.C. government will file its reference case on the ability of the province to regulate the transport of diluted bitumen in the Court of Appeal by April 30th, it’s finally official: the much-debated constitutional question will be put to the test.

Alberta Premier Rachel Notley has repeatedly said that B.C.’s intention to regulate the transport diluted bitumen will “break the rules of Confederation,” but provinces have strong jurisdiction over the environment according to Jocelyn Stacey, an assistant professor specializing in environmental law at UBC’s Peter A. Allard School of Law. Read more.

Pipeline Spills 290,000 Litres of Crude Oil Emulsion in Northern Alberta

By Carol Linnitt

A pipeline owned by Paramount Resources Ltd. released an estimated 100,000 litres of crude oil and 190,000 litres of produced water near Zama City, in northwest Alberta, according to an April 11 incident report filed with the Alberta Energy Regulator.

The release was discovered after company personnel looked into a low-pressure alarm from the company’s leak detection system, the incident report states. Read more.

‘Slow-Motion Disaster’: As Canada’s New Hydro Dams Spiral Out of Control, Who’s Overseeing Site C?

By Sarah Cox

Peace River Valley farmers Ken and Arlene Boon were at a lookout on a neighbour’s property on Sunday when they spotted a fresh landslide at the Site C dam construction site.

The couple was not surprised to see the latest slump. But they are astounded that the NDP government is keeping the public in the dark when it comes to details about geotechnical problems, rising contract costs and other major issues plaguing the largest publicly funded infrastructure project in B.C.’s history. Read more.

Canada’s Upcoming Fish Farm Rules Likely to Prop Up Industry, Critics Warn

By Judith Lavoie

As the federal government considers bringing in new laws to govern fish farms, there is widespread skepticism that the government will act in the public interest.

Tensions surrounding salmon farming are running particularly high in British Columbia where more than 100 operations dot the south and central coast. Many of the farms are located in the territory of First Nations who oppose open-net fish pens along wild salmon migratory routes.

‘Namgis First Nation Hereditary Chief Ernest Alfred says he finds the federal government’s consultation on potential new fish farming rules “a little suspect.” Read more.

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