Ray Strom Found Guilty

[farmers_son]

Ray Strom was found guilty and fined for helping farmers negotiate a better deal with the energy companies.

Although I have not seen the decision it would seem that with this ruling the Provincial Court Justice has said that the following people would be breaking the law and would be subject to fines and imprisonment:

• A child who was helping a parent deal with the land agents or a parent who helped their child
• If the land was in a company name, any officers of the company such as the President could not deal with the land agent
• A neighbour who offered advice to another neighbour about annual rentals etc.
• A spouse who sat at the table and offered advice if their name was not on the title to the land
• A landowner who negotiates on his own behalf

all would be breaking the law as it was interpreted today by the Courts.

The only way I am aware of that a landowner could negotiate with the oil industry would be to use a lawyer or find a licensed land agent who would work on your behalf. The Farmers Advocate was going to compile a list of people who would do this but I do not think that has happened. The Farmers Advocate Office is not nearly as farmer friendly as it was in the past. The last time I phoned for help (for the name of a lawyer who was experienced in Surface Rights) I was turned away.

The only other way to not break the law as it stands is to refuse to deal with the companies and send everything to the Surface Rights Board. That way no negotiations take place therefore the landowner is not breaking the law.

This ruling was a huge victory for the oil and gas companies because who is now going to stand up for farmers to make sure these oil and gas company land agents pay a fair price. If you talk to the energy land agents they will tell you the price they offer is the fair price.

The court hearing took place in Vegreville, the home riding of Ed Stelmach.

[wbrower]

While Judge Ayotte found Ray Strom Guilty he also stated:
"In coming to that conclusion I should add that I accept the evidence I heard that as presently constituted, the Act creates an unbalanced playing field favouring the oil and gas industry..."

It seems to me the time has come for the MLA's including the Premier to step up to the plate and correct this unbalance and the injustice that has been metered out to Strom and indeed all of rural Alberta.

For two years now every agricultural based organization in Alberta has been calling on the Government of Alberta to correct this perversion of the Land Agents Act and they have done nothing.

The time is NOW. Refuse to deal with Lisenced Land Agents and demand that your MLA right this wrong and make the Act apply to Petroleum Land Agents and not Farmers trying to defend themselves from these takers.

[cowdog]

There is a way to deal with this issue besides the political action that is so badly needed.
Refuse to deal with land agents; deal only with the company directly and use discussion agreements that you present at the time of first face to face contact.

[farmers_son]

http://www.edmontonsun.com/Business/Columnists/Waugh_Neil/2007/04/03/3905455.html

[Judge]Ayotte slammed that “as presently constituted” the PCs’ land agent law “creates an unbalanced playing field favouring the oil and gas industry.”

He added: “It would appear to be landowners ... who suffer the consequences of the imbalance the act creates.”

But the judge noted “those are political not judicial issues.”

And he pretty well begged Strom to appeal the case on constitutional grounds to Court of Queen’s Bench “if they can get no satisfactory redress.”

[coppertop]

Suggest a strong lobby to all rural MLA's, plus a letter to Tony Abbott MLA, Chair of the Rural Caucus requesting that the law be revisited

[farmers_son]

An excellent suggestion.

However we need to be aware that the oil and gas sector is lobbying hard the other direction and that they want very much to be able to restrict who can and cannot offer assistance to landowners. So far it looks like oil and gas folks are winning the battle.

[coppertop]

FS, if Rural Caucus gets 100 letters or a petition signed by a few hundred landowners it will get some attention. Industry takes advantage of every opportunity to put pressure on government, individual landowners need to be just as agressive.

[hayburner]

Coppertop it seems you have alot of experience with this type of issue , I know the Act was originally intended to protect landowners from untrustworthy land agents who were running amuck in the early days making fast money at the expense of landowners and it was never intended to be binding on a landowner or the person he hired to help him out.

[hayburner]

Cowdog I noticed your Feb. post re the Pinelake surface organization , what are thier feelings on this act. Are they pushing for change. What is this discussion agreement you refer to? I notice the organization is having a meeting in our area on Ap 9,will they be discussing this issue as I believe it will affect all of us .

[coppertop]

hayburner, I have been involved in various government initiatives over the years and know that letters from individuals or petitions tabled in the legislature get attention. If there is one government MLA sympathetic to this cause, then they may be willing to take a petition forward.

[farmers_son]

http://www.albertacourts.ab.ca/go.aspx?tabid=13

Type Strom in the keyword search.

I think the government will be getting letters and Ray Danyluk has been very interested in this subject.

However....the oil and gas sector also has a position on this subject. They want to have control over the negotiations so that if the advisor helping the landowners negotiates for more than the oil company feels is fair then that advisor can be dealt with severely.

When landowners can access good advice it threatens to blow the whole issue of surface rights compensation wide open. Big oil and gas does not want that to happen as evidenced in the very concentrated and deliberate attempt to shut down Ray Strom.

Will the government side with the oil and gas sector on this one too?

There is a by-election coming up in Shirley McClellan's former riding. By-elections are a great opportunity to let the government know you are unhappy without actually overthrowing the government. I think the voters in that riding should consider very carefully if they really want to throw their vote away on whoever the Conservative candidate will end up being and instead let the government know they are not happy with how the Progressive Conservative government is letting the oil and gas companies deal with landowners. Whether it is no annual compensation for pipelines, ridiculously low annual rents for wells or this garbage about not being able to get help from where ever they want to, this government has consistently favoured the oil and gas companies over landowners. For the voters in that riding, they have a once in 40 year chance to send government a bigger message than just a letter if they choose to do so.

[farmers_son]

The address I pasted in the above post is to for the actual Judges decision concerning Ray Strom.

If you have trouble loading that also try:

http://www.albertacourts.ab.ca/go.aspx?tabid=13&retn=/isysquery/irl9f8b/1/doc

I noted the comments"
Gerald Kress, the Deputy Registrar of Land Agents for the Province of Alberta,
reluctantly concedes that the Land Agents Licensing Act, R.S.A. 2000, c. 53 [“the Act”] creates
an unbalanced playing field for those who are bound by its provisions. Considering the number
of supporters who came to watch Raymond Strom’s trial for contravening s. 3(1)(a) of that
legislation, many landowners agree."

Being active on this issue seems to make a difference.

[coppertop]

FS, regarding the by-election in Shirley's old constituency, if farmers have one lick of common sense they will jump at the opportunity to support Jack Hayden for the PC Nomination. He is a candidate with a wealth of experience dealing with issues that involve rural Alberta. As President of the Alberta Association of Municipal Districts and Counties he rountinely took the government to task on issues where there was a preceived unfairness to rural Albertans. Having said that he certainly understands urban issues as well, but his background is rural. He owns a farm and I would suspect that he, has personally dealt with oil companies and landmen in the past.

I would encourage all those who live in that area and are concerned with this issue to contact Jack and have a dialogue with him before they throw their vote away by choosing to support a candidate from an opposition party in the by-election itself. This is the heart of Tory country we are talking about and certainly there will be a Tory MLA at the end of the day, so it may as well be one that understands and has a track record of fighting for rural Alberta.

[cropduster]

Off topic here I know.....how much did Hayden donate to the federal Libs for his contract work?? Dinning felt that was a prerequiste to success!!! Or are you talking about the candidate from Garden Plain??

[coppertop]

I know Jack Hayden well, and am certain he didn't donate a penny to the federal Liberals. He was appointed by Paul Martin by virtue of his being the Past President of AAMD C. If Jack gets the PC Nomination he will be the next MLA for Drumheller/Stettler and you can rest assured he will be in cabinet before long.

The area has had a cabinet minister for years, so it is doubful of they want to settle for any less. Electing someone from an opposition party will gain absolutely nothing for the constituency.