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The Bridge • 7 years ago

We all owe this woman. Even if injustice is served we have to make sure the battle continues. This is an epic case that could improve environmental law and protect the people from aggressive, greedy corporations in Canada.
Time for Alberta and EnCana to buck up. Time for an end to hydraulic fracturing in Canada. Time for EnCana to get out of Canada, they are brutal.

Evelyn Rebman • 7 years ago

Couldn't agree with you more. Thank Goodness for people like Jessica Ernst who has persevered and still not giving up. We need to all support her somehow.

John Merriman • 7 years ago

Yes, Jessica is de facto waging this fight for all of us who care about the wanton despoiling of our country for all future generations.

Jessica has her own website covering her case:

http://www.ernstversusencan...

and we can show our support for her there with a DONATION to help offset her huge legal fees.

P.S. While you are visiting her website, take a look at the "Thank You" page.

anne cameron • 7 years ago

SEND MONEY!
She shouldn't wind up stony broke because she stood up for all our rights!

Rena • 7 years ago

Yes Yes! - send $$. Please stand for something and back it with a cheque!

Chevy • 7 years ago

GOOD POINTS

salal • 7 years ago

Courts are complicit and not just in this case. Site C is another situation where the courts have knowingly allowed it to fester...to Christy's benefit...not the taxpayer's.

Notafem • 7 years ago

So true. Seems compared to many other issues that the FN take to court, this one is dragging....

Ray Comeau • 7 years ago

Since Encana , has not filed in court, after being advised to in Dec 119th,2014 ,The Supreme court should just rule 'non est inventus' ( nowhere to be found) and deliver a verdict which includes payment of costs to the plaintiff.

The importance of delaying this decision should be comparable to a violation equal to that Habeas Corpus which applies to individuals.

This delay is unwarranted and is a disgrace to Canadian Justice system, and a tragedy to the plaintiff Jessica Ernst .

Please solve this immediately. Nine years is unacceptable !

salal • 7 years ago

If you run for office you've got my vote.

Guest • 7 years ago
JuHoansi • 7 years ago

Corporate and regulator immunity is also rampant in the US.

Paul Hodgson • 7 years ago

Justice? Not here.

Paul Hodgson • 7 years ago

To back my words ,I donated, This Woman is a Hero! She deserves our support.

Chevy • 7 years ago

politicians and corporations just got it too tooo good to be true.
but it is!

ZweiSystem • 7 years ago

Anyone who thinks our court system is independent of political influence is either "next to god's door" or someone peddling political influence.

Canada's Supreme Court, when it comes to lucrative friends of the government, are deep into their pockets.

The LNG/fracking lobby is powerful and wealthy and their puppet strings lead not only to Parliament Hill, they lead to the RCMP and the courts.

The stalling by the Supreme Court has been brought to you by American style lobbying, who don't give a damn about human rights or the rights of lesser peoples.

Remember this, when Trudeau the Younger is slap happy signing free trade agreements.

Chevy • 7 years ago

money is the driver here. see how PM will tell white lies, go for the money and turn his back on the voter and taxpayer ALL at the same time

jim cowan • 7 years ago

As above...what proof do you have that the PM is "going for the money "?

anne cameron • 7 years ago

What proof would satisfy you if broken promises don't tell you what you need to know.
WHY is the fuel spill in BellaBella getting such p-poor coverage?
Corruption is why!

jim cowan • 7 years ago

I agree with much that you say but you show your bias with allegations such as Canada's Supreme Court, when it comes to lucrative friends of the government, are deep into their pockets."" . Unless you have some proof ?

Notafem • 7 years ago

Wake up and stop being a sheep!

Guest • 7 years ago
Paul Hodgson • 7 years ago

This is a case of a giant trying to squish a flea, too bad for the giant that the flea has millions of allies.

salal • 7 years ago

Yes! We have incredible strength if we only put our minds to using it. The cause is right. The cause is justified. Morality is on our side. We must move forward.

jim cowan • 7 years ago

For Jessica Ernst it's something she has had to live with each and every day for nine years but for corporate and often government minions it only comes up now and again between thousand of cups of coffee. As for the top men ( and they are usually men ) they most likely have no idea what's going. Nor do they care.

salal • 7 years ago

At what point do we demonstrate loudly and constantly until corrupt politicians and courts finally get it? Waiting to vote in another government is not the answer...because once in what was promised is flushed down the toilet. Corporate greed trumps our democracy and our politicians are willing partners.

John Merriman • 7 years ago

The USA is inexorably headed for a revolution and civil war.

The revolution in Canada might take a little longer.

Guest • 7 years ago
John Merriman • 7 years ago

Millions of ordinary Americans are living with failing or failed hope that their miserable lives will ever get any better.

Their government has failed them.
The electoral system has cheated them.
The economy has failed them.
Their employers have failed them.
Millions of their jobs will never return within their lifetimes.
The justice system has failed them.
The medical system has failed them.
The social support system has failed them.
Millions of them have been dispossessed of their homes.
Countless numbers haven't had a home in years and have no hope of ever getting one.

If you look back in history at the conditions that fomented all previous revolutions, it was conditions of ultimate despair and feeling that there was nothing left to lose. There are more than 300 million privately held firearms in the USA (just the recorded ones), and a belief in many of their owners that the second amendment gives them the right to protect themselves against the power of a government that they perceive as restricting what they see as their rights.

Stir and simmer.

Guest • 7 years ago
John Merriman • 7 years ago

It seems to me that the observations you make add up to the same outcome. Millions of Americans are becoming aware of their total impotence to control their own lives. The people who have control of the system have no interest in changing it in any way that would reduce their own privilege. Nothing short of a catastrophic assault on the existing system is going to bring about any substantive change. Last time it took a great depression followed by a world war. There is a high probability our whole economic system is headed for a major collapse, but that could turn out to be the catalyst that precipitates a revolution, at least in the USA and possibly elsewhere.

Cynic • 7 years ago

As I recall, fdr said the new deal was to save capitalism ie there were pitchforks on the horizon, like now, and they had loosen the chains a bit. Unlike then however, no new deal for us. It's really galling, we could have a new deal like money reform and the elite would still retain there stuff, but no, they're moving towards naked totalitarianism, they think they're powerful enough now. They could be right.

JuHoansi • 7 years ago

Protesting doesn't work. We need to take up arms. It's the only thing that does work.

Chevy • 7 years ago

it is the only answer at this time. it has worked in may countries of the world and can work in canada to restore our democracy and human rights.

Douglas Francis MItchell • 7 years ago

Read 'Slick Water' if you want to learn how government agencies are controlled by big oil and gas while disregarding taxpayers' rights. It's discouraging, but we need to know how they operate so we can stand up to the powerful money lobby. Jessica will be considered a defender of the earth by future generations.

JuHoansi • 7 years ago

Excellent summary of the case. Thanks Andrew.

salal • 7 years ago

“When injustice becomes law, resistance becomes duty.” Thomas Jefferson.

cbcuff • 7 years ago

I think it was old Tom that also said "If laws don't respect people, people won't respect the laws". Or something of that nature.

Rena • 7 years ago

Frackers destroy water! Isn't that enough to align with Jessica? Its a no-brainer for any reasonable thinking ethical human being. Thank you Jessica - you are a modern day heroine - a saint!

Werner Rhein • 7 years ago

The courts are a part of the undemocratic and corrupt system. What can one expect when law students already told in a way that they can only succeed when they obey to the ruling class and the environmental criminal BIG Industries.
What could one expect from Government employees and that is what regulators are, when their paycheque is mainly coming from a environment destroying industry and strongly supported by corrupt politicians.
This developed to something much bigger than just Jessica Ernst's water well. We have al to support her with whatever we can our democracy is on stake here.

anne cameron • 7 years ago

Send money!

Chevy • 7 years ago

Unfortunately we read there is a shortage of Judges in Canada. Most on on vacation possibly as their benefit packages are out of this world!

however we Do Not have a shortage of politicians sitting on the sidelines waiting for their final term and going off on a big pension that ain't CPP.

4IndependentMPs • 7 years ago

We need to take a lesson from the people that are taking their governments to court to give nature rights. And to give people the right to clean air, land and water. Author and journalist Silver Donal Cameron has written a book called "Warrior Lawyers" and he tells the stories of Lawyers from around the globe that have succeeded in winning cases for such rights. Canada is such a cowboy when it comes to our resources and their endless extraction at the cost of destroying the very things that keep us alive.

It's a case waiting to happen. We need to organize across this country to take the Federal government to court in a class action suit to give us and nature these rights. If we don't people will be fighting these cases like this endlessly.

Our government recently announced that they are in 43,000 court cases and we can see why.

George Heighington • 7 years ago

As I read the 63 plus comments, in what is a precedent case- water. In 2011, Berendsen v Ontario,four days before the doors of the Supreme Court of Canada opened, a settlement was reached and he still owns the farm. Berendsen's well water was tainted with asphalt residue, asphalt that had been dumped in the adjacent swamp. Berendsen, a good Dutch Farmer moved to Canada in 1983, started legal action in 1990, but had to fight statute of limitations at the Supreme Court of Canada which the Crown lost in 2000. Had Berendsen been successful, the Ernst case would have had a precedent case. You might check Rokeby and Schenck v Ontario as they nailed the province for salt destruction of their orchards. It is only a matter of time before someone launches action over salt in the well water. One book, a must read, is No Right of Way, by Peter Lewington, Iowa State Press, 1991, Canadian Publishers would not touch the book. It is a good read as he nails the pipelines for making a mess of his fields in SW Ontario. Peter Lewington has impeccable credentials as former Ontario Editor of the Family Herald Paper. The book is well documented and does not hold back.

Jessica Ernst needs money and support. The First is Money.

Legal time is expensive. I know as you can google Heighington et al v Ontario, or you can purchase the book " A Radioactive Waste Dump in Malvern; A Citizen's Account ( no library or environmental group will touch this book, as it gives people hope)

RickW • 7 years ago

If the courts wait long enough, the pollution will dissipate, and everyone can then say "there's a problem here?"

George Heighington • 7 years ago

Heighington et al V Ontario wrote case law as applies to the clean up of the land in Canada. The ensuing book " A Radioactive Waste Dump in Malvern; A Citizen's Account" ISBN 978-0-9948268-1-7 was turned down by over 200 + Canadian Publishers including that supported by David Suzuki.
If Jessica is successful , the water in Canada will be under greater scrutiny, which is good. Sadly when one is encumbered by these cases, one always believes that one of those environmental groups will step up to the plate with money. Our case was supported with loans from the CIBC. Right now the public libraries shun the book as it gives people hope that they too can be successful.

Ray Comeau • 7 years ago

COMMENTS DELAYED !

Please be advised, after completing my comments, I was unable to post them, until I noticed another ( clicable bar which said read comments). So I clicked that and then was able to click and send my own message.

How many commentators gave up after trying unsuccessfully to have their comments sent ? Is this a ploy to discourage unfavorable comments to this Supreme Court delay of justice for Jessica Ernst ? I think it just might be!

RickW • 7 years ago

I think it's OK. I've run into that, but like you say, click on the second, the have at it!

Johanne Dion • 7 years ago

Again, and again, I thank Jessica for fighting the good fight and Andrew for following her case so diligently. Those who would like to help Jessica AND Andrew can also buy Andrew NIkiforuk`s book "Slick Water".

Julie Ali • 7 years ago

http://readingchildrensbook...

realize that nothing changes
until you do
the majority is silent
(this is the safest thing to do)
but the few who speak
are the sparks for the conflagration
that comes
I speak from some point in the future
we can't stay the same as we are
the world is roiling in troubles
and we are only a few
who see the evidence
of malfeasance
but of course you will all stay silent
(this is the safest thing to do)
the rest of us will be Joan of Arcs and burn for thee