Manufacturing a Conundrum

        Tom Flanagan, that well known Conservative pundit recently pend a commentary in the Globe and Mail entitled, Connect the pipeline, connect the dots.  As usual it was a well thought out and well written article which Mr Flanagan seems to be able to pump out on a regular basis. It was also a very convincing commentary - that is, if you are just a casual reader? And I used to be one -  at least until  after Stephen Harper took power.
       Today I no longer read anything the Conservatives write without thinking twice about what the article  is trying to convey. And in this case the Conservative talking head Tom Flanagan, is trying to push the idea that the Federal Government has the legal right to force cross border construction - which includes the Northern Gateway Pipeline.  This however may not be the case insofar as the pipeline is concerned.
       In support of his thesis he uses the British North America Act in particular he quotes, in part section 92(10) of the Act and the fact that some areas are not the exclusive right of  Provincial Legislatures. These read in full:

Local Works and Undertakings other than such as are of the following Classes,

1. 1. Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:
   2. Lines of Steam Ships between the Province and any British or Foreign Country:
   3. Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.

       
Obviously he is correct in that the Federal government has the exclusive right with regard to "Local Works and Undertakings", but it is a great stretch of the imagination to lump in pipelines with these obvious public endeavours.
       The obvious problem here is the interpretation of the wording of the Act itself.  What was the intent of the authors.  Was it intended to be used for the public good and the specific use of the public, as in the case of Railways, Canals, Telegraph and other works? Or was it intended to be used for the development of private enterprise?
       Well, I believe that the Act was written for the public good.  I do not believe that it was written to benefit foreign owned corporations.  Corporations that own nearly 90 percent of the oil industry in Western Canada.
       To use the British North America Act, our constitution, to further the aspirations of foreign corporations is an insult to the people of Canada. And in this particular case which support and promotes foreign ownership, it is nothing less than traitorous.