44th Parl. 1st Sess.
December 5, 2023 10:00AM
- Dec/5/23 2:17:31 p.m.
- Watch
Mr. Speaker, our government is committed to building a green Canada. Security, prosperity and health go hand in hand with a safe environment. Every Canadian deserves clean air, clean water and protection from extreme weather events. Now is the time to develop a clean, prosperous and sustainable economy for us, our children and our grandchildren.
The Leader of the Opposition and his party remain stuck in a Harper-era mindset, seeing Canada's fossil fuel exports as the path to national prosperity rather than a potential albatross in a rapidly decarbonizing world.
Let us move on from that. We cannot sit back and allow industrial polluters to risk the future and safety of our children.
115 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I rise in the House today to speak to a private member's bill, Bill C-219, the Canadian environmental bill of rights, brought forward by the member of Parliament for South Okanagan—West Kootenay.
Before I speak to the bill, I would like to take this opportunity to recognize former MP Linda Duncan for her important work on this bill in previous Parliaments.
I would also like to acknowledge that, much like the bill's former sponsor, the bill's current sponsor, the member for South Okanagan—West Kootenay, has dedicated much of his career to being an educator and proponent of conservation and environmental protection. I thank him for his important work in these areas.
Returning to Bill C-219, the bill proposes to recognize the right of every person residing in Canada to a healthy and ecologically balanced environment and to amend the Canadian Bill of Rights to include this right as part of the right to life, liberty and security of the person. The bill also sets out a number of procedural rights. These include the rights to access information and participate in environmental decision-making, request reviews of federal environmental laws and policies, and access courts and tribunals for matters regarding the protection of the environment.
While the purpose of Bill C-219 and its proposals are intuitively appealing at first glance, upon deeper reflection and examination, they raise a number of significant legal, practical and policy concerns.
The government recognizes that environmental stewardship is essential for the well-being and prosperity of Canadians, and it is devoted to working with the sponsor and all members of Parliament to secure a healthy environment.
The Minister of Environment and Climate Change has been mandated by the Prime Minister to follow the clear direction given by Canadians, to take bold, concrete action to build a healthier and more resilient future. More specifically, the Minister of Environment and Climate Change was tasked with recognizing the right to a healthy environment in federal law and introducing legislation to require the development of an environmental justice strategy.
We have taken action to meet these commitments. On June 13, a right to a healthy environment was recognized under the Canadian Environmental Protection Act, 1999, known as the CEPA. With the passage of Bill S-5, work is under way to begin developing an implementation framework, which must be completed within two years of royal assent. It would set out how the right must be considered in the administration of the CEPA and, thus, bring the lens of a right to a healthy environment to the programs that the CEPA enables.
The government has also committed to making an environmental justice strategy a reality by supporting a private member's bill, Bill C-226, an act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice. Instead of introducing its own bill, and in line with the government's support of Bill C-230, the government reaffirmed support for Bill C-226.
If Bill C-226 passes, the national strategy would provide an opportunity to examine the link between race, socio-economic status and exposure to environmental risk, as well as to discuss how best to address environmental risks faced by historically marginalized communities.
It would help structure discussions on addressing these inequalities and discrimination, which are the root causes of many vulnerabilities. It would also complement other efforts that contribute to advancing environmental justice in Canada, even where the cause of environmental injustice or environmental racism may not have been directly identified or acknowledged. Supporting and advancing these initiatives is where our focus should be now, especially given the flaws in Bill C-219.
I will now turn to outlining a few specific issues with Bill C-219. Although both bills recognize a right to a healthy environment, the approach in Bill C-219 is at odds with the approach that was taken with Bill S-5, which is now in the amended CEPA.
I will first talk about the path we are currently on following the passage of Bill S-5 and then address how Bill C-219 clearly departs from it. As we know, Bill S-5 recognized that every individual in Canada has a right to a healthy environment under CEPA, the cornerstone of federal environmental protection laws. The right to a healthy environment is a new concept in federal law. Given this, Bill S-5 included clear and robust provisions on the process to describe how this right would apply under CEPA and how it would be reported upon annually.
Bill S-5 proposed that the meaning of the right under CEPA be developed in consultation with Canadians and elaborated upon through a concrete implementation framework to ensure that the right is meaningful and tailored to the regime at hand. That framework, which is now under development, will set out how the right will be considered in decision-making. It will also describe how related principles, such as environmental justice, nonregression and intergenerational equity, will be considered. I believe these additional details are very important.
Bill S-5 provided a concrete path for clarity and greater certainty over time on what adding a right to a healthy environment to CEPA will mean. It also included related amendments that would support the protection of that right, built from established procedural rights and specific provisions for public participation, including public comment and notice periods and the right to request investigations into alleged offences.
While we are already on this well-considered path, which has been carefully studied here and the other place, Bill C-219 proposes a very different path. The approach in Bill C-219 is unclear. It would likely lead to uncertainty in its application and we would have to resort to the courts to resolve the issues. The bill recognizes the right to a healthy environment, which is still a novel and undefined concept, but it does not set out its meaning or provide a process, such as the implementation framework in Bill S-5, to work out the definition and how it applies. That very likely means it is the courts that will determine what it means in the course of litigation.
The right to a healthy environment in Bill C-219 is broad and applies to all federal laws, and it is difficult to predict how it would be interpreted by the courts. We must avoid environmental rights being so unclear that timeliness and certainty in federal decision-making are compromised and the right becomes a burden falling on litigants to operationalize.
The approach already adopted via Bill S-5 is different, and I will remind the House that it is also better. Our approach is centred on public consultations and proposing a concrete way to elaborate on the meaning and the content of the right through an implementation framework. It applies only to CEPA, the pillar of federal environmental protection laws. This is what an issue of this novelty and complexity demands.
If Bill C-219 goes ahead, we would end up with two different versions of the right to a healthy environment in federal statutes, one set out in CEPA through Bill S-5 and another set out in Bill C-219. This would result in two different framings of the right and two ways to implement it. The misalignment between the two approaches could hamper progress on this important and complex issue and slow down decision-making across government. If the main objective is to truly secure a healthy environment for Canadians, moving forward with the approach that is now set out in the amended CEPA is the only prudent approach. We cannot just suddenly endorse and bring in the new and uncertain elements of Bill C-219.
Bill C-219 would also make changes to the Federal Courts Act and the Canadian Bill of Rights. The Canadian Bill of Rights is not an appropriate statute for a new environmental right. As I said earlier, our government is committed to taking bold, concrete action to build a healthier and more resilient future with measures that are clear and effective. The proposed Canadian Bill of Rights amendment could provide neither clear nor effective guidance on this front.
The Canadian Bill of Rights only codifies pre-existing rights as they were understood in 1960. For more than 60 years, that has been its sole purpose. Its interpretation always refers back to those historical origins. With the proposed amendment, Parliament would recognize and declare, through section 1 of the Canadian Bill of Rights, that there “have existed” historical rights that have already included a right to a healthy and ecologically balanced environment.
It is uncertain how courts would attempt to interpret this new but backward-looking right, what pre-existing content they would find in it and where they would look for it. Not only would the amendment be wholly unclear, but it would introduce significant uncertainty into the interpretation of the Canadian Bill of Rights itself.
1518 words
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
