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Affidavit of Wendy Andrews Hearing Order OH-001-2014 File No.: OF-Fac-Oil-T260-2013-03 02 NATIONAL ENERGY BOARD IN THE MATTER OF TRANS MOUNTAIN EXPANSION PROJECT AND IN THE MATTER of a Notice of Constitutional Question dated May 5, 2014 and a Notice of Motion dated May 6, 2014 with regard to the constitutionality of section 55.2 of the National Energy Board Act, R.S.C. 1985, c. N-7, made by the Applicants Lynne M. Quarmby, Eric Doherty, Ruth Walmsley, John Vissers, Shirley Samples, ForestEthics Advocacy Association, Tzeporah Berman, John Clarke and Bradley Shende AFFIDAVIT OF WENDY ANDREWS I, Wendy Andrews, Legal Assistant, of the City of Vancouver, in the Province of British Columbia, SWEAR THAT: 1. I am employed by the Government of Canada as a Legal Assistant with the Department of Justice Canada. I have personal knowledge of the facts and matters deposed to except where stated to be based on information and belief and where so stated I believe they are true. 2. I conducted internet searches with respect to the Applicants in this matter using the Google search engine. Specifically, I entered each of the Applicants' names in Google and reviewed results of those searches. I also conducted searches entering each of the Applicants' names along with keywords such as "pipeline" and "Kinder Morgan". 3. I have printed a selection of the webpages located when these searches were conducted and true copies those print-outs are attached to my affidavit and marked as the following exhibits: Exhibit "A" webpages with regard to the Applicant Tzeporah Berman Exhibit "B" webpages with regard to the Applicant Lynne M. Quarmby Exhibit "C" webpages with regard to the Applicant Eric Doherty - 2- Exhibit "D" webpages with regard to the Applicant ForestEthics Advocacy Association Exhibit "E" webpages with regard to the Applicant Ruth Walmsley Exhibit "F" webpages with regard to the Applicant John Vissers Exhibit "G" webpages with regard to the Applicant Shirley Samples Exhibit "H" webpages with regard to the Applicant Bradley Shende Exhibit "I" webpages with regard to the Applicant John Clarke 4. The webpages attached as the exhibits listed above are simply examples of the webpages located as a result of my internet searches, and are not comprehensive of all search results. 5. I make this affidavit in response to the Applicants' Notice of Constitutional Question dated May 5, 2014 and for no improper purpose. SWORN before me at the City ofVancouver, ) in the Province of British Columbia, this ) day of June 2014. ) ) ) --'L-£:;&___~_yf?__c::__~__,..,...:-:::....____ ~ Commissioner for Taking Affidavits ) WENDY ANDREW within British Columbia ) Barrister and Solicitor Department of Justice 900 - Howe Street Vancouver, 2S9 This is Exhibit "A" to the Affidavit of Wendy Andrews, sworn before me at Vancouver, British Columbia, this 2b day of June, 2014. A Commissioner for taking affidavits within British Columbia Hey Kinder Morgan, let's talk. - Ecojustice Page I of3 Canada's leading charity using the law to protect and restore the environment. Hey Kinder Morgan, let's talk. By Kimberly Shearon, communications coordinator Earlier this week, Ecojustice was invited to participate on a panel that debated the pros and cons of Kinder Morgan's planned Trans Mountain pipeline expansion. The event, which was well attended by pipeline opponents and industry folk alike, was a unique opportunity for both sides to come to the table and state their positions before a diverse audience. Participants included well-known Canadian activist Tzeporah Berman and Kinder Morgan's Michael Davies. Staff lawyer Karen Campbell attended on behalf ofEcojustice. Karen, who is working with a group of Burnaby landowners directly affected by the pipeline plan, pushed Kinder Morgan to answer tough questions about safety measures and risk assessment. Late last week, after a groundswell of public opposition to pipelines, we learned that the National Energy Board (NEB) ruled to shut the Burnaby residents we represent out of upcoming toll application hearings for the Trans Mountain pipeline expansion. The ruling is disappointing, given that- judging from the turnout at this week's debate - public concern about pipelines is at an all-time high. Read the media release: Company interests trump public interest in Kinder Morgan ruling And while Ecojustice has been critical of Kinder Morgan's seemingly inconsistent approach to public consultation, we also recognize that the company's decision to participate in this week's debate was a positive step. Read the blog: Will the real Kinder Morgan please stand up? We stand at a critical juncture of Canada's history. From coast-to-coast-to-coast Canadians are talking about energy - how we're producing it, how we're transporting it and how to make it more http://www.ecojustice.ca/blog/hey-kinder-morgan-lets-talk 2014-06-23 Hey Kinder Morgan, let's talk.- Ecojustice Page 2 of3 sustainable. There are no easy answers, but open, respectful debate is one way we can start to bridge the gulf between groups that, on the surface, look like natural opponents. Beneath it all, we all want the same thing: A Canada where everyone has what they need to thrive. For some, that translates to economic indicators. For others, it means a wealth of biodiversity. At Ecojustice, we believe a healthy environment = healthy Canadians = healthy economies. And as Canada grapples with tough issues like pipelines, oilsands and fossil fuel consumption, Ecojustice's legal and scientific work- made possible by the incredible support of Canadians like you- matters more now than ever. You can help us stand up to Kinder Morgan and other unsustainable energy projects by making a s4~H?-ation today. Upcoming Kinder Morgan community information sessions: Nov. 6- Belcarra Info Session Municipal Hall 4084 Bedwell Bay Road 5-?p.m. Nov. 13 - East Vancouver Info Session Pacific National Exhibition (PNE), Hastings Room 2901 East Hastings Street 5-8 p.m. Nov. 15- Downtown Vancouver Info Session Harbour Centre, Segal Hall 515 West Hastings Street 5-8 p.m. Nov. 17- West Point Grey Info Session Aberthau Mansion 4397West 2nd Ave. 5-8 p.m. More dates to be announced. Related content • Blog Entry Will the real Kinder Morgan please stand up? • Blog Entry Helping landowners protect themselves from a Kinder Morgan oil spill GW and Ocean Acidification Posted by paul magnus at Nov 02, 2012 11:16 AM http://www.ecojustice.ca/blog/hey-kinder-morgan-lets-talk 2014-06-23 Hey Kinder Morgan, let's talk. Ecojustice Page 3 of3 Nice clip. It, however did not mention the above!!! Which are just as important if not more so that the local impacts. For this reason alone the Tar Sands have to be closed down in short stead. Please ensure that you highlight them when covering Tar Sands issues so that the public gets familiar with the consequences associated with them. Share http://www.ecojustice.ca/blog/hey-kinder-morgan-lets-talk 2014-06-23 Managed Risk? Environmentalists challenge Kinder Morgan I Board of Change Page I of 4 (http://vwvw.boardofchange.com) Select a page ... v' Managed Risk? Environmentalists challenge Kinder Morgan Home (http://vwvw.boardofchange.com) > News (http://vwvw.boardofchange.com/category/news/) > Managed Risk? Environmentalists challenge Kinder Morgan News (http://vwvw.boardofchange.com/category/news/) 11 Environmentalists challenge Kinder Morgan at Board of Change Event tff,~Yl\ •UW~W~bQMMft~MflaH~ 6£<fHD/t4J1o1f} in our wild salmon, our orca, our clean air and ~ IWIJ' water that~ mar~to the world und~r the brand as the 'Greenest City' in 'The Greatest Place on Earth." Damien Gillis f On October 3oth, Kinder Morgan ex~cutives and supporters, had their work cut out for them in a debate vs. local Environmentalists. A packed house of guests and media came to hear the exchange between Mike Davies: Director, Engineering and Marine Development, Kinder Morgan Canada, Frans Tjallingii, President SMIT Marine Canada, Captain Chris Badger, former CEO Port Metro Vancouver and Tzeporah Berman, Author & Environmentalist, Damien Gillis, The Common Sense Canadian and Karen Campbell, Lawyer, Ecojustice. At stake is Kinder Morgan's current proposal to twin the Trans Mountain Pipeline which runs from Alberta's oil sands through Metro Vancouver to the Westbridge terminal in Burnaby. The result will be a dramatic increase in tanker traffic through Burrard Inlet. While attendees expressed their appreciation to the advocates of Kinder Morgan I Trans-Mountain pipeline for showing up for a face to face discussion, they also offered strong concerns about the dangers surrounding the project and questioned its value on both environmental and economic levels, given the tremendous importance of the Lower Mainland's shoreline and waters. http://www.boardofchange.com/managed-risk-environmentalists-challenge-kinder-morgan/ 2014-06-23 Managed Risk? Environmentalists challenge Kinder Morgan I Board of Change Page 2 of 4 Much emphasis was placed on what the risks are, and how "manageable" they are. SMIT Marine Canada president, Frans Tjallngii, argued that "I think there's always going to be a certain level of risk, but it's about evaluating what that risk is and taking mitigating measures." Panelists questioned who benefits from these risks. Tzerporah Berman, environmentalist and writer, noted "The pipeline will benefit big oil, it will benefit companies like Kinder Morgan. We're being asked to bear incredible risks and told it's in Canada's interesf' Berman stressed that Transport Canada and the industry define success of cleanup of an oil spill as a staggering "between ten and fifteen per cent", a number which was confirmed by Tiallngii. The passionate discussion went 30 minutes into overtime, but the audience remained hungry for more information. The two sides did not agree on what an "acceptable risk" was, but the dialogue and ensuing passionate question and answer period did shed some light onto a topic that is often confused with misleading statistics and media lines.
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