Dear Editor,
Quick comment on Mr. Chris Ram’s “Every Man, Woman and Child in Guyana Must Become Oil-Minded – Column 146 – December 17, 2024, Part 1: Canadian Sanctity of Contract case offers hope for Guyana”
Thanks to Mr. Ram for correcting my timeline from 2036 to 2057 that includes “ten-year exploration period, a one-year COVID-19 force majeure, and a thirty-year production period.” The timeline reinforces my case (see SN, Letters to the Editor, Dec 15, 2924: “These three things could nudge Exxon to come to the table) for persistent challenging of the inequity of the 2016 Exxon PSA.
Mr. Ram’s summing up is on point: “The Churchill Falls case illustrates that a court loss is not the end of the road. Public pressure, combined with strategic persistence, can compel change even in the face of rigid legal doctrines like the sanctity of contract. Newfoundland’s eventual success in renegotiating its agreement in 2024 underscores the power of public sentiment, sustained advocacy, and strong leadership to overcome inequities.”
A point worth noting: In the Churchill Falls case before the Supreme Court of Canada, its decision in favour of Quebec was not unanimous. Canada is a country governed by the rule of law, but, from coast to coast, and even in Quebec, Canadians were sympathetic to the legitimate concerns of Newfoundland & Labrador, a poorer province. In the long run, fairness triumphs over legalities.
Don’t underestimate “the power of public sentiment, sustained advocacy, and strong leadership to overcome inequities.” Human affairs are full of examples where “justice/legality” and “fairness” are oxymorons.
Sincerely,
Terence M. Yhip
