Blogger in court trying to stop Muskrat Falls project
CBC News
Posted: Feb 21, 2013 2:27 PM NT
Last Updated: Feb 21, 2013 7:52 PM NT
Brad Cabana began his legal bid to stop the Muskrat Falls project Thursday at Newfoundland and Labrador Supreme Court in St. John’s. The case has been adjourned for the day; it will reconvene Friday morning.
The businessman and political blogger was representing himself in a constitutional challenge of the multi-billion dollar hydro-electric project.
Cabana believes the project is filled with legal uncertainty, and the government's decision to sanction it violated his rights.
Cabana said it is unconstitutional to proceed with Muskrat Falls without holding a province-wide referendum.
In court Thursday morning, Judge Gillian Butler ruled that Cabana failed to give the federal government proper notice regarding his challenge to the constitutionality of the Electrical Power Control Act.
Butler said because Cabana failed to send his statement of claim to Ottawa, she cannot hear that part of his argument. Cabana told the court that was “the primary” part of his case.
Following this, Cabana asked for a 10-day delay in the case. Lawyers for the province and Nalcor Energy argued against the delay and ultimately the judge agreed with them.
Thursday afternoon Cabana questioned assistant deputy minister Aubrey Gover — a key bureaucrat in the land claim negotiations with the Innu Nation.
When court resumes on Friday, Nalcor Energy's Gilbert Bennett will take the stand.
Tom Kendell, the lawyer for Nalcor Energy, argued Cabana is using the case as a soap box to voice his opposition to the project and that Cabana has no right to tie up the court's time and resources.
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