Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton, Alta., Thursday, April 6, 2017. THE CANADIAN PRESS/Jonathan Hayward

Oil would still be landlocked under ‘Wexit,’ experts say

B.C, or Canada, could still stand in the way of exporting oil to the coast

International trade experts say it’s a pipe dream to think the landlocked oil-producing western provinces would have an easier time getting their product to international markets if they were to split from Canada.

“Wexit” — an apparent play on the word ”Brexit” used to describe the United Kingdom’s planned departure from the European Union — was trending on social media after the Liberals secured a minority government in last week’s federal election, but were shut out of Alberta and Saskatchewan.

Peter Downing, a founder of the western separatist movement that wants a referendum on separation, has said an independent country in the middle of the Prairies could leverage the United Nations Convention on the Law of the Sea to gain coastal pipeline access.

“We have more freedom as an independent country to get our resources to the coast than as part of Canada,” he said the day after the election.

“We’ll have the best of both worlds: We’ll keep our money and we’ll have access to the coast.”

The UN convention, adopted in 1982, does say that “landlocked states shall enjoy freedom of transit through the territory of transit states by all means of transport.”

However, it goes on to say that terms “shall be agreed between the landlocked states and transit states concerned through bilateral, subregional or regional agreements,” and that transit states have the right to ensure their “legitimate interests” aren’t infringed upon.

“It’s not an unqualified right. They can’t just say, ‘OK, we need to get through here,’” said Silvia Maciunas, a fellow at the Centre for International Governance Innovation in Waterloo, Ont.

“They have to talk to the other state, which would be Canada.”

The “means of transport” in the convention refers to railways, waterways, roads and even porters and pack animals, but the treaty specifies that landlocked and transit states would have to agree to add pipelines to the list.

Landlocked countries such as Ethiopia and Switzerland have long had agreements to use ports in other countries.

Bolivia, on the other hand, lost its ocean access in a war with Chile in the 1800s and has been fighting to regain it ever since. The International Court of Justice in The Hague ruled last year that Chile has no obligation to engage in talks with Bolivia.

“Had the court ruled in the favour of Bolivia, Chile would have theoretically been obligated to enter into ‘good faith’ negotiations, whatever the heck that means,” said Carlo Dade, director of the Trade and Investment Centre at the Canada West Foundation.

“You can imagine how that would play out up here if Alberta, Saskatchewan leave … We’ve seen enough out of B.C. to know how that would play out,” said Dade.

The British Columbia government has resisted, primarily through court actions, the Trans Mountain pipeline expansion that would triple the amount of crude shipped between Alberta and the Lower Mainland.

Add to that there is no real enforcement mechanism through the international court, Dade said.

“The only thing the ICJ gives you is the ability to go from saying, ‘Please give us access’ to ‘Pretty please give us access.’”

READ MORE: ‘The West Wants Out’: Wexit rallies planned in Alberta as separatist momentum grows

Lauren Krugel, The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

PHOTO: Car Club presents donation to the Stettler Hospice Foundation

The $1,000 donation came from the Drag Race event this past July

This November, Alberta RCMP reminds road users to buckle up for every ride

As Albertans welcome winter, the RCMP reminds all drivers and passengers that traffic safety starts with buckling up

Joe Lang celebrated his 105th birthday with a family gathering on Nov. 10th at Paragon Place

Joseph Lang was born in Saskatchewan on Nov. 12th, 1914, the fourth oldest in a family of 10

Stettler’s Heartland Youth Centre launches fundraising raffle for brand new vehicle

A sleek and shiny 2020 GMC Terrain is the featured prize

Cold, stormy winter forecast across much of Canada, The Weather Network predicts

In British Columbia temperatures will be slightly above normal and precipitation will be just below normal

Canadian universities encourage exchange students in Hong Kong to head home

UBC said 11 of its 32 students completing programs in Hong Kong have already left

15 charged following protests at two Alberta kennels that provide sled dog tours

RCMP say they were called to the Mad Dogs and Englishmen kennels east of Canmore

Protesters say Alberta bill would make it harder to access some medical services

The bill would mean a health-care provider could not be sanctioned for refusing to provide a service due to morals

MacLean says “Coach’s Corner is no more” following Cherry’s dismissal from Hockey Night

Cherry had singled out new immigrants in for not honouring Canada’s veterans and fallen soldiers

Rebels ride 3-goal first period to 4-3 win over Brandon

Goaltender Byron Fancy with key saves in third period to save game

Supreme Court of Canada dismisses murder appeals in 2013 Calgary swarming death

Assmar Shlah and Franz Cabrera were convicted in 2016 of second-degree murder

One year on, most oil-and-gas bailout money has moved, federal government says

Sweden’s central bank says it has sold its Alberta-government issued bonds

Most Read