The Telegram has run many stories on my constitutional challenge of the Muskrat Falls project, as have others, yet it seems the main point is being overlooked.
The Supreme Court of Canada, in 1984, conducted a constitutional review of the Reversion Act brought in by the Peckford government. One of its key findings, that is being completely ignored by our government, is:
“The company (CF(L)Co) signed a contract with Hydro-Quebec whereby it agreed to supply and Hydro-Quebec agreed to purchase virtually all of the hydro-electric power produced at Churchill Falls for 65 years.”
The Supreme Court went on to say that the only power not committed to Hydro-Quebec was 300 MW of recall, and 225 MW dedicated to Twinco that has now reverted to the province.
The key words here are “for 65 years,” meaning until 2041.
Contrast that with the comments made by the premier two weeks ago during a press scrum:
“In terms of 2016, the language in the renewal contract is significantly different than in the old contract. And there will be electricity, more over the 300 MW available for Nalcor. If the energy is delivered in a different way ... So there will be power, it was anticipated when that renewal contract was signed that there would be excess power, that was the way the power was going to be delivered, control now rests with Nalcor in terms of how we deliver that power, and if that power is ours to use ... but anything above that, especially under the renewal contract belongs to Nalcor.”
You see how out of touch Williams, Dunderdale and the PC Party are?
They have placed the entire Lower Churchill project on the foundation of the water management agreement for this purpose.
Gilbert Bennett, VP for the Lower Churchill at Nalcor is on the public record as stating such.
In his words, essentially 1500 MW of power from the Upper Churchill would be free for Nalcor to take.
The Supreme Court of Canada has already ruled that is not the case for “65 years.”
This is what is missing from your coverage.
The reason I am in court is to stop further damage to all of us from this deliberate strategy that will cause us to lose in Quebec’s courts, and the Supreme Court of Canada — again.
At least former Premier Peckford had the sense to have the Reversion Act go to the Supreme Court before he enacted any of its provisions.
At least he did not spend a billion dollars before he did so.
Surely he would not have spent
$10 billion on such a fatally flawed strategy. In the end, we are the ones who would have to pay for that historically terrible strategy.