[We urge
the B.C. government to stand firm on this one in spite of
the resignation of Glen Clark. - Ed.]
CONTENTS:
- COMING EVENTS
- LEGAL CHALLENGES
- HEARINGS - VANCOUVER REPORT By Norm Abbey
- HEARINGS - LAST DAY: Informal report By Roger Lagasse
- PETITION: SUNSHINE COAST PEACE GROUP
- NATIONAL POST EDITORIAL
- REFORM PARTY POSITION?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NUCLEAR FREE NANOOSE - coming events:
* Mon. Aug. 23 (or Tue. 24), 1999:
Second legal challenge against
the expropriation
of Nanoose to be filed in
Federal Court. (604)736-7732
* Tues. Aug. 24, 1999:
Vancouver area strategy
meeting
7:30 p.m. at 2150 Maple
Street
All welcome.
* Wed. Aug. 25, 1999:
A free mini-rave
for nonoox at nanoose will be held at
7746 Broomhill Rd.
(6 km. past Sooke). (250) 480-0690
Non-violent civil
disobedience workshops included free.
More info: http://www.uvss.uvic.ca/nanoosenonoox/
(PEACEFUL CIVIL ACTION
FOR NUCLEAR-FREE NANOOSE)
* Thur. Aug 26 through to Sat. Aug. 28, 1999:
Nanoose Peace and
Justice Camp at the gates of CFMETR.
Music, camping and
peaceful civil disobedience. Musicians
may include Wendy
Jones Merkley, Gone Clear, Rainshadow,
Reggaelution, Soulstice,
Dave Gallant and more.
(250) 480-0690
http://www.uvss.uvic.ca/nanoosenonoox/
* Friday Sept.3
Citizens' Report on the
Expropriation 'Hearings'
Recomendations included:
(604)736-7732
* Sat. Sept 4, 1999
Rally to save Nanoose. 1:00
pm at the Robson Street
side of the Vancouver Art
Gallery. (604) 687-3223
* Thur. Sept. 2 through to Sat. Sept. 4, 1999
Nanoose Peace and Justice
Camp at CFMETR (con't)
(250) 480-0690
http://www.uvss.uvic.ca/nanoosenonoox/
* Sat. Sept. 4
Hearings officer D.M.M.
Goldie submits report to Liberal
Public Works minister Gagliano.
* Sat. Sept. 20 - last day on which federal Liberals can expropriate
Nanoose for nuclear weapons
if they haven't already done so.
==========================
Web sites not mentioned elsewhere:
http://www.nanoose.gov.bc.ca BC GOVERNMENT WEB-PAGE ON NANOOSE
http://www.islandnet.com/~temexw/index.htm NANOOSE FIRST NATION/
TE'MEXW
TREATY ASSOCIATION
http://www.islandnet.com/~emerald/peace.htm VICTORIA PEACE CENTER
http://ccnr.org CANADIAN COALITION FOR NUCLEAR RESPONSIBILITY
Thanks to Norm Abbey
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
LEGAL CHALLENGES
Several court
cases are being launched to stop the expropriation
of Nanoose.
From Vancouver lawyer Connie Fogal:
CANADIAN CITIZENS FILE LAWSUIT TO STOP THE EXPROPRIATION OF B.C.’S NANOOSE
BAY BY THE CANADIAN FEDERAL GOVERNMENT
DES CITOYENS DU CANADA COMMENCENT UN PROCÈS D’ARRETER L’EXPROPRIATION
DE
NANOOSE BAY EN COLOMBIE BRITANNIQUE PAR LE GOUVERNEMENT FÉDÉRAL
NO NUKES / RIEN NUCLÉAIRE
IN THE SUPREME COURT OF BRITISH COLUMBIA
AND IN THE FEDERAL COURT OF CANADA/ ET LA COUR FÉDÉRALE
DU CANADA
BETWEEN:
THE HUMAN RIGHTS INSTITUTE OF CANADA, HIS EMINENCE LAZAR PUHALO, ARCHBISHOP
OF THE UKRAINIAN ORTHODOX ARCHDIOCESE OF CANADA, ROSE-MARIE LARSSON,
CITIZENS CONCERNED ABOUT FREE TRADE, CONSTANCE CLARA FOGAL, AND THE
DEFENCE
OF CANADIAN LIBERTY COMMITTEE/
LE COMITÉ DE LA LIBERTÉ CANADIENNE,
PLAINTIFFS
AND:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, THE ATTORNEY GENERAL OF CANADA,
THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES,
THE MINISTER OF DEFENCE, THE PRIME MINISTER AND OTHER MEMBERS OF CABINET,
MICHAEL GOLDIE, AND THE UNITED STATES OF AMERICA,
DEFENDANTS
Court Documents to be distributed/les documents de la cour disponible
“The constitution of Canada does not belong either to Parliament or
to the
Legislatures; it belongs to the country, and it is there that the citizens
of the country will find the protection of the rights to which they
are
entitled”
Supreme Court of Canada A.G. of Nova Scotia and A.G. of Canada, S.C.R.
1951
pp 32-33.
DEFENCE of CANADIAN LIBERTY COMMITTEE/LE COMITÉ de la LIBERTÉ
CANADIENNE C/0
CONSTANCE FOGAL LAW OFFICE, #401 -207 West Hastings St., Vancouver,
B.C. V6B
1H7 Tel: (604)687-0588; fax: (604) 872-1504 or (604) 688-0550; E-MAIL
<cfogal@netcom.ca> WEB SITE: http://www.canadianliberty.bc.ca
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Alan Rycroft
& Kealey Pringle of Salt Spring Island write:
We are looking for objectors who:
1. Missed the June 21, 1999 deadline for objections because the
Newspaper notice did not specify deadline;
2. Missed the June 21, 1999 deadline for objections because Vancouver
Sun
specified June 23, 1999 deadline
3. Missed the June 21, 1999 deadline for objections because objection
was
"forwarded" by registered mail June 21, 1999 (as per Newspaper Notice)
rather than received by that date;
4. Filed a valid objection but did not receive a Registered Letter
notifying them of the Public Hearing;
5. Mistakenly believed that the Public Hearings were scheduled
for July 19
and August 3 only (based on wording of the Registered Letter);
6. Made efforts to obtain a time slot longer than 15 minutes in length; or
7. Were otherwise denied a fair opportunity to participate in
the
Hearing.
Reply with a
brief discription of your experience. Include your
name, address (postal and email), phone and fax numbers.
Individuals may be asked to write (with legal assistance) an affidavit
at a
later time.
Please reply *ASAP* to kealey@islandnet.com
^^^^^^^^^^^^^^^^^^^^^^^^^
HEARINGS - VANCOUVER REPORT By Norm Abbey August 16, 1999
As the Nanoose Hearings wind down in Vancouver, we're gearing up for
the
next steps in resisting what Senator Pat Carney described as Ottawa's
"jackboot" attempt to expropriate Nanoose for U.S. nuclear warheads.
The federal Liberal government of Canada would like to simply "take
possession of the property" after Hearing Officer Mr. D.M.M. Goldie
submits
his report on Friday, September 3. But their fast-track railroad
could end
up in the ditch amid multiple legal challenges and a growing political
backlash. First, here's a brief update on the last couple of
weeks.
A steady stream of 15 to 20 objectors per day have been presenting
objections day after day for the last four weeks. Despite a series
of
errors, failures and deliberate attempts to disqualify and limit
objectors,
well over 200 individuals and organizations made it past the gate-keepers
and recorded a mountain of detailed submissions, including a lot of
new
information. SPEC has ordered a complete set of tapes of the
hearings, and
also collected paper copies of many of the presentations - from which
we
intend to compile an alternative "citizens' report".
This will include the material Mr. Goldie intends to deliberately omit.
Also, at least three web-pages (in Montreal, Victoria, and Sechelt)
are
posting Nanoose "objections" for the world to see, and the BC government
has
also posted their own massive and detailed objection (several hundred
pages
of highly organized documents).
As well, Rogers Community TV (Cable-4 in Vancouver) has filmed and produced
a four-part documentary of the hearings which is available across Canada
by
request. SPEC's newspaper clippings scrapbook, while not comprehensive,
is
already 77 pages (11" x 17") - of articles from Canadian, US, German,
and
Japanese newspapers. It is impossible to briefly summarize all
of the
presentations, but here are a few random highlights:
Quotes:
* Senator Pat Carney called Ottawa's expropriation attempt "an
act of
political aggression which could torpedo confederation as we know it
and
whose shock waves would damage Canada in ways which have never been
calculated."
* Duncan schoolteacher Bev Wiren (quoted in the Japan Times),
lambasted the
U.S. policy to "neither confirm nor deny" nuclear weapons: "We
don't accept
that as an answer if someone tries to bring firearms into Canada.
Why
should we accept it in the case of nuclear weapons?"
* Dr. David Krieger of California's Nuclear Age Peace Foundation
called the
policy deliberately deceitful and insulting, and said that these are
not
really 'weapons' at all, but rather "instruments of genocide and portable
incinerators."
* Mobile nuclear reactors and the complete web of nuclear
technology, from
uranium mining in Saskatchewan to depleted uranium weapons and disposal
of
used submarines as radioactive waste at the Hanford nuclear reservation
were
also dealt with in detail by professors, doctors, scientists, and
peace/environmental activists like Dr. Gordon Edwards from Montreal,
Dr.
Rosalie Bertell from Toronto, and UBC professor Dr. Michael Wallace
(who at
one point was denied permission to speak, but was later allowed to
participate at the Vancouver hearings). Mr. Goldie heard (but
will not
report) that naval nuclear reactors in BC contain as much radiation
in their
core as several nuclear bombs, use uranium fuel 30 times more enriched
than
in a Candu reactor (ie: to weapons grade), lack the emergency containment
facilities of shore-based reactors, operate at higher power densities,
have
smaller meltdown margins, carry no liability insurance, that three
million
British Columbians have no emergency plan, and that 9 such reactors
already
litter the ocean floor along with 50 nuclear warheads.
* Lawyers for Social Responsibilty and individual lawyers comprehensively
documented that expropriating Nanoose to accommodate nuclear bombs
violates
not only BC's Nuclear-Weapons-Free-Province legislation but also Canadian
Environmental Law and the International (World Court) prohibition on
nuclear
weapons. Even the hearings themselves now appear to have been
conducted in
violation of several legal requirements under the Expropriation Act
- which
itself appears to be in violation of Article 117 of the Canadian
Constitution.
* The "experts" have been great, and so have the many individual
objectors - teachers, mothers, people from labour and community groups.
A
Sunshine Coast fisherman (represented by his daughter) tabled the current
issue of the government publication "Notices to Mariners," which contains
detailed instructions on how to protect your fishboat from radioactive
fallout by using "masking tape" to seal off ventilation openings to
navigation instruments and the engine compartment.
* Most objectors were clearly outraged by the Liberal government's stated
reason, which is for "a purpose related to the safety or security of
Canada
or a state allied or associated with Canada and it would not be in
the
public interest further to indicate the purpose." David Krieger
said this
form of governmental paternalism is "unbecoming of a mature democracy."
* Concerns over the unfair (and possibly illegal) process were expressed
throughout. "Why blame the monkey when you should blame the organ-grinder?"
said Vancouver lawyer Harry Rankin - explaining to the Vancouver Sun
that,
by calling the hearings a "sham," he wasn't personally attacking Mr.
Goldie
(who is after all just an instrument of the government).
* Despite the profoundly serious nature of this process, there was plenty
of
humour - and not only from the Raging Grannies! (Former) judge
Goldie
insisted at one point that sworn testimony had to be "un-sworn" before
it
could be accepted. He was referring to an affidavit from Lorne
Seitz - BC's
chief negotiator, who on May 05 had reached an agreement (titled "Points
of
Principle") to keep nuclear weapons out of Nanoose and which the federal
negotiator (Rem Westland) has also signed - but was later vetoed by
David
Anderson. Mr. Goldie may have been taking lessons from Liberal
MP Ted
McWhinney, who was last heard musing that Federal Liberals might later
decide to "dis-expropriate" Nanoose Bay.
* Among many new concerns that came to light was testimony from
an air
traffic controller who pointed out that the runways at Vancouver
International Airport are only 35 nautical miles from the military
airspace above the Nanoose test-range, over which they have no control
despite an ever-increasing volume of air traffic.
CONGRATULATIONS to the about 240 objectors who made presentations in
person at the hearings, and the approximately 1,020 who tried hard
but were
rejected - for reasons that may prove to have been illegal, and to
the many
supporters who attended, updated web-pages, represented on behalf of
people
who couldn't attend in person, flew to Vancouver or Nanaimo at their
own
expense from Saskatoon, Montreal, Ottawa, California and elsewhere.
It's worth noting that a lot has been happening over the last two weeks
in
addition to the hearings themselves - two demonstrations (Aug. 3 and
Aug. 9)
at the hearings building on Georgia Street and two more (Aug. 9 and
Aug. 10)
at Canada Place (just down the street), where Vancouver's *Anti WarMachine*
organized a tremendously and visually boisterous demonstration against
the
US Navy ship Tarawa and the associated Military Trade Show "Aerospace
North
America".
On August 7 and 8, Nanoose Objector Dr. Rosalie Bertell spoke at a major
symposium organized by the Women's International League for Peace and
Freedom and also at a Hiroshima Day lantern ceremony and dinner on
Aug. 6.
Vancouver's popular annual "Under the Volcano" festival also
dealt with
many of these issues on Aug. 8 and 9.
A number of meetings in Nanoose, Victoria and Vancouver are now organizing
followup for the next steps, and there are many opportunites open to
effectively derail this ill-advised expropriation! At least four
court
challenges are being launched or prepared, as well as several rallies,
demos, and related campaigns...
As always - keep writing letters - here are a couple of papers that
need to
get letters to the editor:
Vancouver Sun Fax: (604)605-2522 <sunletters@pacpress.southam.ca>
Vancouver Province: (604)605-2099 <provletters@pacpress.southam.ca>
Globe and Mail: (604)684-7956 <letters@GlobeAndMail.ca>
FMI:
=============================
Society Promoting Environmental Conservation
2150 Maple Street, Vancouver, BC,
V6J 3T3
Ph: (604)736-7732
Fax: (604)736-7115
www.spec.bc.ca Email: <enviro@spec.bc.ca>
Nuclear issues: <iabbey@alternatives.com>
==============================
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
HEARINGS - LAST DAY: Informal report By Roger Lagasse August
17
Goldie would
not allow anyone except the 500 late notifications to
present today, so I didn't get to speak on behalf of Lorna (Alberta)
or
Sandy (Nova Scotia). It was a little inconsistent since I did
get to speak
on behalf of John Dafoe and Jim Johnstone (Sechelt), both of whom were
early
notifications. They had reserved their time last week, though.
There were some
great presentations again today: poetry, a
veteran who presented his credentials (an impressive array of medals)
and
told of how he was irradiated during nuclear tests in Nevada, a woman
who
gave up two days' pay to travel from Kelowna to present on her own
behalf
and also for others from the Okanagan. It was a good last day
with a nice
round of applause for each presenter.
Goldie looked
very tired. He appears to be well read in terms of
poetry. I think he even cracked a smile today . . . but it may
have been a
mirage. He didn't allow me to present a letter from the Sunshine
Coast
Regional District or an editorial from the Coast Independent, both
of which
were to illustrate community opposition to the expropriation and to
nuclear
arms. I pointed out the rules which gave an objector the right
to file
documents but he didn't budge. The Province reporter interviewed
me afterwards.
Tired...very
tired.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
PETITION: SUNSHINE COAST PEACE GROUP
Please call your Member of Parliament and Prime Minister Jean Chrétien
(1-800-667-3355) and ask them to oppose the presence of nuclear weapons
in
the Strait of Georgia.
Copy and circulate the Nuclear Free Georgia Strait Campaign petition
below.
Petition Opposing the Presence of Nuclear Powered
and Nuclear Armed Vessels in the Strait of Georgia, British Columbia
Petition to the Legislative Assembly of British Columbia
WHEREAS more than half of the U.S. nuclear vessels conducting tests
and
exercises in the Strait of Georgia have had accidents, including
radioactive coolant leaks from their reactors;
AND WHEREAS an accident resulting in the release of a radioactive cloud
would threaten the lives of over 2 million British Columbians who live
in
Vancouver, Victoria, Nanaimo, the Sunshine Coast, and other communities
around the Georgia Strait;
AND WHEREAS more than 2,200 tonnes of copper, lithium, hydrogen
cyanide, lead, smoke flares, guidance wire and other toxic material
associated with the tests has routinely been dumped into fish habitat;
AND WHEREAS the Strait of Georgia has been declared a nuclear weapons-free
zone by all the above communities including the Government of B.C.;
We, the undersigned, being residents of B.C., Canada, request that the
Provincial Legislature cancel Aquatic Lands License No. 103025 which
allows
testing weapons systems in the Strait of Georgia.
Signature
Name
Address
Phone
Please return completed forms to the Nuclear Free Georgia Strait
Campaign, Sunshine Coast Peace Group; C/O Denise & Roger Lagassé;
Box 39 Southwood Site; RR#1 Halfmoon Bay, BC V0N 1Y0 Ph: 885-4353
Do check out their excellent web site at:
http://www.user.dccnet.com/lagasse/Nuclear_Free_Georgia_Strait/nanoose.html
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
NATIONAL POST EDITORIAL
[Note: BC Liberal leader Gordon Campbell, who the National Post says
has
"promised" to accept Ottawa's terms if he is elected as premier - i.e.
Campbell will OK nuclear weapons and nuclear reactors in BC -
also promised
the Nanoose Conversion Campaign in 1996 that BC Liberals want "a full
public
review of all aspects of Nanoose".
Campbell's email address is: <gordon.campbell.mla@leg.bc.ca>
Or, call him toll-free at 660-2421 in the Lower Mainland or 1-800-663-7867
anywhere else in BC. - Norm]
===============================
Thursday, August 19, 1999
National Post - Editorial
Page A19
No, no Nanoose
With its soft, sandy bottom and shallow waters, Nanoose Bay might sound
like
the perfect vacation spot. Not likely. Because of these
characteristics, the area is ideally suited to testing and recovering
torpedoes. And for this reason the U.S. navy has been testing
its weapons
on the site since 1965, under a treaty with the federal government.
Ottawa,
however, doesn't own the land, it leases it from British Columbia.
When
talks on renewing Ottawa's lease -- which expires next month -- broke
down
this spring, the federal government moved quickly to begin expropriation
proceedings for the 225 square kilometres, arguing Canada must honour
its
arrangement with the Americans.
Clearly, Canada does have an obligation to honour its treaties.
It is also
without dispute that B.C.'s continually shifting stance on Nanoose
Bay has
made the negotiation process frustrating -- first Glen Clark, B.C.'s
NDP
Premier, tried to link a lease deal to the salmon dispute, now he is
using
it to push a no nukes agenda. But even accepting these two facts,
there is
no excuse for Ottawa's bullying response. Expropriating Nanoose Bay
is an
affront to provincial property rights. What is needed here is not
ham-handedness, but patience. Time is on Ottawa's side.
As the least popular premier in the country, Mr. Clark is not likely
to be
around in the near future. And Gordon Campbell, the leader of
the
provincial Liberals in B.C., has promised to accept Ottawa's lease
deal the
moment he wins the next provincial election. So why not just
negotiate the
time away? Moving to expropriate at the first signs of trouble
may provide
the Americans with uninterrupted access to Nanoose Bay, but it threatens
the
future of federal-provincial relations.
As Pat Carney, a Tory senator and Mulroney-era cabinet minister, pointed
out
in her presentation at the expropriation hearings, seizing Nanoose
Bay could
easily become a precedent for Ottawa scooping up other military bases
and
testing ranges currently owned by the provinces, such as those in Cold
Lake,
Alta., or Goose Bay, Labrador. But why stop there? Having
determined
Ottawa can grab provincial land whenever it feels the need, there could
be
any number of punitive intrusions onto provincial territory.
The entire
balance of power and responsibility on which the Canadian federation
rests
could be undermined by Ottawa's lack of patience with one rogue premier.
Ottawa should abandon its shameless expropriation plan immediately.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
REFORM PARTY POSITION?
August 21, 1999
Dear Mr. Ted White, MP Re: NANOOSE & NUCLEAR WEAPONS
Thank you for
your Aug. 20 email (below) to Joyce Lydiard,
explaining the views of various Reform members regarding expropriation
of
Nanoose for nuclear weapons, and the welcome news (to me) that:
"Two Reform
MPs attended the expropriation hearings on the Island
to make submissions against the expropriation."
I assume (please
correct me) that those two must have been Bill
Gilmour and Reed Elley, whose ridings both front on the test-range
and whose
offices both phoned me on the morning of the last day permissible for
filing
objections (June 21).
The list of
presenters prepared by Registrar of Hearings, however,
doesn't mention either name, nor do I recall hearing their submissions.
Could you let me know who the two Reform objectors were, the day and
time
they presented, and e-mail or fax me a copy of their submissions?
Thank you in
advance for your assistance,
Sincerely,
Norman Abbey
(604)738-7963 Ph/Fax
cc: Bill Gilmour <GilmoB@parl.gc.ca>
John Reynolds MP <ReynoJ@parl.gc.ca>
Reed Elley, MP <ElleyR@parl.gc.ca>
====================================
From: "whiteted@msn.com"
Date: August 20, 1999
To: Joyce Lydiard
Subject: Nanoose Expropriation
Good Morning Ms. Lydiard,
I refer to your email message of August 19, 1999 with respect to the
Nanoose Bay expropriation.
The Reform Party has not adopted an official position on this matter
because there have been significant differences in the majority messages
coming to us from different Ridings. As a result, we have left
it to
individual MPs to represent the positions of their particular Ridings
as
appropriate.
For example, in Reform MP Dr. Keith Martin's Riding, which has a large
population of people employed by the Defense Department, the overwhelming
position is that the expropriation should go ahead, even though the
principle involved is abhorrent, because the Clark Government is making
a
fool of BC in this matter. In my Riding of North Vancouver, by
contrast, I
have received only four communications on the issue, despite all the
publicity over the past few months, two of which want the expropriation
to
proceed, and two of which want it stopped.
Two Reform MPs attended the expropriation hearings on the Island to
make
submissions against the expropriation, but the general position being
adopted by Reform MPs on the Island, in response to the will of their
constituents, is that the expropriation could be tolerated if the Federal
Government gives an undertaking to return the land as soon as the NDP
is
thrown out of office. Clearly, with the latest revelations today
about the
criminal investigation of the Premier's involvement in Casinogate,
removal
of the NDP Government from office within the next two years is very
likely.
Finally, the Hansard records of Parliament show that Reform MPs asked
a
number of questions in the House prior to the summer break, all of
which
criticized the Federal Government for its expropriation plans.
Yours truly,
Ted White, MP
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
END