Campbell Clark, writing in the Globe and Mail, is, I think, quite right when he says that “The Keystone XL pipeline project is dead. Right up to Tuesday, Prime Minister Justin Trudeau was saying he’d continue to make the case for it, but that was whistling past the graveyard. Now it’s a question of picking up the bones … [and] … Realistically, all that’s left for the project’s promoter, TC Energy, and the Alberta government, which has sunk $1.4-billion into it, is to make a claim for compensation under the old North American free-trade agreement rules. Maybe – just maybe – they can get some of their money back.“
He explains that the provision of the old NAFTA, one which goes all the way back to the original (Mulroney-Reagan) Canada-US FTA and which annoyed Donald Trump, which allows one entity to sue the government of another for unfair treatment has a “grandfather” clause which means it is in place until 2023. The Alberta funded TC Energy corporation should file suit immediately and Prime Minister Trudeau, in his upcoming call with President Biden, should press him to use his good offices to settle the suit, quickly, in TC Energy‘s favour.
“With Keystone XL dead,” Mr Clark says that grasping at straws ~ “grasping the remnants of NAFTA to recoup some losses” as he puts it ~ is about all that is left for Canada. Given that TC Energy is an Alberta company in the energy business I do not expect Prime Minister Trudeau to want to do very much at all. But I do expect federal Opposition Erin Leader O’Toole and Alberta Premier Jason Kenney to hold his feet to the fire, very publicly, on this issue.