Pipeline Hearings: Enbridge quizzed on lobbying
Recent changes to federal environmental legislation raised the ire of opponents of the proposed Northern Gateway project and now they want to know if the company behind the pipeline plan influenced legislators.
Tim Leadem, a lawyer representing a coalition of environmental groups, asked Enbridge Northern Gateway witnesses Tuesday at National Energy Board hearings if the company lobbied the federal government surrounding legislation, which changed some of the requirements of the environmental assessment.
Leadem wanted to know if Enbridge had "embarked on a course to try to change the legislative landscape" while simultaneously going through the environmental review for its plan to build a pipeline from Alberta's oilsands to Kitimat.
Northern Gateway lawyer Dennis Langen quickly objected to the line of questioning, saying it wasn't relevant to the Joint Review Panel's (JRP) decision-making process as they make their recommendation to the federal cabinet by the end of next year.
"The witnesses are here and the record is extensive," Langen said, noting that all the testimony provided by Northern Gateway experts is under oath.
Leadem countered that it's in the public interest to know if at the same time the company is going through the environmental assessment process it's also engaged in lobbying to try to change the rules of the game.
"The proponent is weaving a very thin thread of trust," Leadem said in asking the panel to allow him to continue asking his questions.
The two lawyers went back and forth in pleading their case to the JRP, with Langen suggesting Leadem was impugning the credibility of the witnesses by engaging asking questions about the company's motives. Leadem replied that Langen was "conflating [my] argument."
After more than 10 minutes of deliberation, JRP members Sheila Leggett, Kenneth Bateman and Hans Matthews along with counsel for the panel Andrew Hudson, ruled that although they didn't see the usefulness of the line of questioning, they would allow Leadem to proceed.
The dramatic build up yielded little insight as Northern Gateway witness Paul Anderson responded that he wasn't aware of any direct lobbying to change any laws. He said the company did meet with the federal government to "seek clarity" on the regulatory situation as a result of the omnibus legislation passed in June.
Former Enbridge CEO Pat Daniels has 47 entries in the federal government lobbyist database over the past two years. It includes meeting with cabinet
ministers, the chief of staff to Prime Minister Stephen Harper and opposition MPs. An analysis of the database by the Canadian Press earlier this year revealed that the company had 12 lobbyists working for them in 2011-12.
Enbridge spokesman Ivan Giesbrecht said the company does meet regularly with government officials to discuss "policies and issues of concern." He said it's natural for a business in a regulated industry to have those discussions and all the meetings comply with federal lobbying rules. However he wouldn't discus the nature of the dialogue.
ForestEthics Advocacy senior energy campaigner Nikki Skuce said the issue of lobbying is important. ForestEthics is one of the groups represented by Leadem.
"They've been in the background lobbying the federal government, and quite successfully in terms of trying to decrease the environmental assessments they need to have for this project to proceed," Skuce said, pointing to changes to federal government legislation dealing with environmental assessments, fisheries and navigable waters. "I think the only ones that haven't been changed are the Explosives Act and Railway Relocation and Crossing Act in terms of permits or approvals Enbridge would need for Northern Gateway."