44th Parl. 1st Sess.
October 18, 2022 10:00AM
- Oct/18/22 11:00:10 a.m.
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Madam Speaker, I am always in awe at how the member for Winnipeg North manages to make a master class out of indignation in his remarks.
I will say that I share his dismay that we are not talking about Bill S-5. It is a bill that is of interest to folks in northwest B.C., especially an organization called Douglas Channel Watch. It is very interested in this idea of the right to a healthy environment.
The member did spend much of his remarks talking about Bill S-5 and the environment, so I thought I would ask, which amendments to the Environmental Protection Act does he find the most compelling?
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- Oct/18/22 11:03:55 a.m.
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Madam Speaker, given we are on the topic now, it is important to mention that the word “climate” is not in Bill S-5 even once. The term “greenhouse gas” is also not in Bill S-5.
If the member for Winnipeg North is serious about moving forward with Bill S-5's improvements to the Canadian Environmental Protection Act, can he reflect on other options that might also be available to the governing party to do so?
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- Oct/18/22 11:13:40 a.m.
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Madam Speaker, I thank my colleague from Winnipeg North for his very important question.
We were supposed to discuss the environment this morning. It really is a very important topic, and we must deal with it as soon as possible. However, a motion on support for dissidents was moved this morning, and I do believe that human life should take priority for now.
It is a matter of context. The environmental challenges themselves cannot and must not be ignored. To be frank, I think we are just putting them on the back burner this morning, which is something I would rather not be doing. That said, I still want to make it clear that we cannot remain idle with respect to the Ukrainian dissidents.
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- Oct/18/22 12:05:48 p.m.
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Madam Speaker, it is an honour to rise to address a question to my colleague and friend and chair of the environment committee. We did have in mind discussing the Canadian Environmental Protection Act amendments today, but I am drawn to his very thoughtful speech, as he is a very thoughtful member, and the question of how we defeat authoritarianism.
I think that democracy is at risk. Democracies around the world are at risk. We are at risk internally from disinformation that divides us so that we do not agree on our own set of facts, on what has happened and what is to be discussed. We too quickly go into different corners, often partisan corners, to take shots at each other.
Democracy everywhere, including in this country, is at risk when we do not listen to each other respectfully and when we cannot agree on a set of facts. In a larger context, how do we preserve democracy globally? How do we take steps in Canada to repair the rifts of the last couple of years?
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- Oct/18/22 1:43:02 p.m.
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- Re: Bill S-5
Madam Speaker, if I understand correctly, my colleague is again referring to the right to a healthy environment. His question is very similar to the question from our other NDP colleague, so I will offer the same answer.
Bill S‑5 contains some interesting amendments from the Senate. As a political party, however, we would like to make other amendments on transparency, disclosure on mandatory labelling and strict product assessment requirements. A number of other amendments could be made. The title of the bill includes the word “strengthening”. We have some ideas about how to strengthen the Canadian Environmental Protection Act.
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Madam Speaker, this act is largely concerned with protecting the environment and human health from toxins and maintaining air and water quality, but there is widespread agreement that CEPA is overdue for a substantial improvement. For one thing, it is widely considered to be unenforceable as it now stands, as there are multiple obstacles to enforcing it and remedies cannot be used.
A lot has happened in 23 years. New chemicals have been invented that potentially impact our health, and the public has been increasingly concerned about the health of our environment and the impact of it on our health and on the populations of animals and plants that we share the world with and depend on for our well-being. A poll in 2017 found that nine in 10 Canadians are concerned about exposure to toxins from consumer products, 96% agreed that labels should disclose the presence of those toxins in consumer products and 92% agreed that Canada should recognize the right to live in a healthy environment.
I would like to concentrate my remarks today on that final point: the right to live in a healthy environment. There are 159 countries around the world with legal obligations to protect the human right to a healthy environment, but Canada does not have those legal obligations. There are environmental bills of rights in Ontario, Quebec, Yukon, the Northwest Territories and Nunavut, but there is no federal law that explicitly recognizes the right to live in a healthy environment in Canada.
International efforts to recognize that right go back to the 1972 Stockholm declaration, which recognizes the right to “an environment of equality that permits a life of dignity and well-being”. Fifty years later, this past summer, on July 28, the UN General Assembly passed a unanimous resolution that recognized the right to a healthy environment around the world. With Canada voting for that resolution to finally join the rest of the world and with the 92% of Canadians agreeing with it, it is certainly high time that we had federal legislation that recognized this right. I am happy to say that Bill S-5 provides a step in that direction.
The preamble of CEPA will now include the following statement: “Whereas the Government of Canada recognizes that every individual in Canada has a right to a healthy environment as provided under this Act”. That is a good step, but there are limitations to that statement. For one, as the member for Repentigny mentioned, it is in the preamble where it does not really carry much legal weight. Also, the right is clearly restricted to the provisions of the act. In other words, it is around the control of toxins, air quality and water quality.
This new act would also state that those rights are “subject to any reasonable limits” and that those limits will be elaborated on in the implementation framework through “the consideration of relevant factors, including social, health, scientific and economic factors”. It is therefore important to see how these rights will be upheld. The implementation framework of this bill will apparently also elaborate on mechanisms to support that right.
While Bill S-5 seems to be a step forward in recognizing the right to live in a healthy environment, there are serious concerns that the right will not be backed up by measures that improve the enforceability of the act. In fact, the Senate committee studying the bill reported:
This committee would like to state their concern that the right to a healthy environment cannot be protected unless it is made truly enforceable. This enforceability would come by removing the barriers that exist to the current remedy authority within Section 22 of CEPA, entitled “Environmental Protection Action.” There is concern that Section 22 of CEPA contains too many procedural barriers and technical requirements that must be met to be of practical use. As Bill S-5 does not propose the removal or re-evaluation of these barriers, this Committee is concerned that the right to a healthy environment may remain unenforceable.
In discussions that I have had with top environmental lawyers about Bill S-5, I have heard more concerns that the implementation framework proposed in this bill would interpose the government between public rights and the remedies needed when those rights are violated.
My first suggestion would be that the bill be strengthened by giving the residents of Canada more power to ensure that their right to live in a healthy environment is upheld. That is one of the things that my private member's bill, Bill C-219, would do.
Bill C-219 is entitled the Canadian environmental bill of rights and will be debated later in this session. I would like to spend some time covering its provisions, because it suggests several ways Bill S-5 could and should be improved. I would like to mention here that Bill C-219 was drafted by my former colleague Linda Duncan, a brilliant environmental lawyer who was the MP for Edmonton Strathcona for many years. She introduced this same private member's bill four times during her career as an MP. It was never voted down but, unfortunately, died in each of those parliaments before becoming law.
As I mentioned earlier, one of the limitations of the right to a healthy environment proposed by Bill S-5 is that it is restricted to the provisions of the Canadian Environmental Protection Act. It does not cover environmental protections outlined in other parts of the federal environmental mandate, such as the Fisheries Act, the Species at Risk Act, the Impact Assessment Act, the Migratory Birds Convention Act, and so on. Bill C-219 would provide umbrella coverage to all federal legislation outside of CEPA. CEPA was carved out of Bill C-219, apparently to avoid clashing legislation.
On top of that wider coverage, Bill C-219 would provide stronger protections of the right to a healthy environment. Specifically, it would give residents of Canada the right to, among other things, access information about environmental concerns, standing at hearings, access tribunals and courts to uphold environmental rights, and request a review of laws. It would also provide protection to whistle-blowers.
To conclude, I reiterate that I will be supporting Bill S-5 at second reading, but I hope the government will look carefully at my bill to see how it might inform efforts to improve Bill S-5 in committee amendments. I also hope that if the government is serious about extending the right to live in a healthy environment to all Canadians, that it will support my bill, the Canadian environmental bill of rights, to extend and strengthen that right to the entire federal mandate.
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- Oct/18/22 2:44:38 p.m.
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Mr. Speaker, let me just say that a fact is a fact. The projects that he is talking about were assessed under the Canadian Environmental Assessment Act 2012, in which Stephen Harper took out all of the environmental protections. One of the big reasons why these projects did not proceed is because they completely gutted the environmental assessment process.
We have put in place better rules to ensure that good projects are going to get built in this country, and we are certainly moving in that direction.
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