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View Bardish Chagger Profile
Lib. (ON)
View Bardish Chagger Profile
2019-06-19 21:56 [p.29445]
Mr. Speaker, there have been discussions among the parties, and I think if you seek it, you will find unanimous consent for the following motion.
I move:
That, notwithstanding any Standing or Special Order or usual practice of the House:
(a) the motion respecting the Senate Amendments to Bill C-91, An Act respecting Indigenous Languages, be deemed adopted;
(b) the motion respecting the Senate Amendments to Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, be deemed adopted;
(c) Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be deemed to have been concurred in at the report stage, and deemed read a third time and passed;
(d) Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act, be deemed to have been concurred in at the report stage, and deemed read a third time and passed on division; and
(e) when the House adjourns on Thursday, June 20, 2019, it shall stand adjourned until Monday, September 16, 2019, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Friday, June 21, 2019.
View Mark Holland Profile
Lib. (ON)
View Mark Holland Profile
2019-06-18 18:31 [p.29339]
Mr. Speaker, it is with cautious optimism that I rise to say that if you seek it, you will find unanimous consent to apply the result from the last vote to this vote, with Liberal members voting in favour.
View Mike Bossio Profile
Lib. (ON)
Mr. Speaker, I am thankful for the opportunity to speak on Bill C-88, and I acknowledge that I do so on traditional Algonquin territory.
I will be splitting my time with the member for Port Moody—Coquitlam.
This important bill demonstrates the Government of Canada's commitment to the north and to the people who live there.
The legislation now before us proposes to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. This bill would reverse legislation that aimed to amalgamate three regional land and water boards established under comprehensive land claim agreements in the Northwest Territories. It would also modernize the overall regulatory regime that oversees the development of resources along the Mackenzie Valley and in the offshore Arctic.
Perhaps most significantly, though, Bill C-88 would be a tremendous win for the environment. With the devastating effects of climate change that are evident in the Arctic more than anywhere else in the world, we all know how important this is. While Canada's north is rich in natural resources, it is also a fragile and rapidly changing environment. I am sure that my hon. colleagues will agree that it needs to be handled with care.
How do we do that? We would take a big step forward with Bill C-88 on what I call the three Ps of environmental responsibility: people, protection and prosperity. Bill C-88 would provide the right people with the right regulatory tools to make the right decisions for the environment and for Canada.
The first P in environmental responsibility is people, and one of the best ways to care for the environment in the north is to involve the people who live there in decisions about development projects. In the same way that urban communities across Canada invite residents to have a say in proposed developments in their neighbourhoods, northerners must also have a meaningful say in how natural resources are managed in their region. Bill C-88 aims to do this in the best possible way.
Most importantly, the legislation would repeal provisions in the Northwest Territories Devolution Act that would have eliminated the regional panels of the Mackenzie Valley Land and Water Board and established a single consolidated board. Bill C-88 would reverse the board restructuring and reintroduce other regulatory elements to function under the existing four-board structure, including the Gwich'in Land and Water Board, the Sahtu Land and Water Board, the Wek'èezhìi Tlicho Land and Water Board and the Mackenzie Valley Land and Water Board.
These are all independent, co-managed boards that have appointed members who bring valuable local and traditional knowledge to the table. These members have the experience and local knowledge needed to effectively review and influence resource and development projects, as only they can. It is also important to know that the regional land and water boards are part of the existing land claim agreements, and that respecting these agreements is crucial to reconciliation with indigenous peoples.
The second P of environment responsibility is protection. A scientific report from Environment and Climate Change Canada shows that the Arctic is being hit hardest by climate change. The region is warming at a rate that is about three times faster than the rest of the world. In winter, this means melting permafrost and less sea ice. By the middle of this century, most marine regions in the Canadian Arctic may be ice free for at least a month at a time.
This would change everything. The habitat of ice-dependent wildlife, such as narwhals, polar bears and walruses, would be severely impacted. The Arctic caribou population would be at risk, because these animals rely on sea ice for their long-distance migration. Various species of fish would likely move away from where they are usually harvested in search of colder water temperatures. Of course, the melting sea ice would likely open new shipping routes and expose more fossil fuel reserves to development.
What is clear is that we have to understand what is happening to the environment and protect it, for both current and future generations. Bill C-88 would help us accomplish this goal. This is because the legislation also proposes amendments to the Canada Petroleum Resources Act, CPRA, which regulates oil and gas rights on federal Crown lands in the north and in offshore areas not under federal-provincial co-management.
The CPRA amendments support commitments made by Canada and the United States in the joint Arctic leaders' statement of 2016. The two nations agreed to base decisions about the future development of offshore oil and gas resources in the Arctic on scientific reviews that would be conducted every five years.
Bill C-88 would encourage governments and local communities to work together and move forward with both scientific and traditional knowledge to protect and develop the rich natural environment. It is so important that we take our indigenous knowledge into account, which has existed for thousands of years and that has a far greater understanding of the Arctic than any other Canadian does. We need to ensure that traditional knowledge is taken into account when we are considering any resource projects or otherwise that occur in the north.
Bill C-88 would encourage governments and local communities to work together, to move forward with both scientific and traditional knowledge to protect and develop the rich natural environment.
This brings me to my third P of environmental responsibility, and that is prosperity. Canada's prosperity, in many ways, relies on the development of natural resources. As the Right Hon. Prime Minister said recently at the 2019 Nature Champions Summit in Montreal, “We can't afford to ignore climate change.” The future of our country and our economy depends on it. “You cannot have a plan for the future of our economy as a country, as a nation, if you don't also have a plan for environment sustainability and environmental protection.”
Bill C-88 would support a robust regulatory regime that not only protects the environment, but also provides a responsible approach to the development of natural resources. Furthermore, renewing the relationship with northern and indigenous organizations and governments is the proper and just way to move forward in partnership, with legal certainty in regard to environmental protection and toward increased investment and jobs.
All told, I would suggest that this is what reconciliation is all about. It is establishing that relationship with indigenous communities that can be based on trust. That trust is only going to happen if we have meaningful and collaborative consultation with our indigenous communities.
It is about making sure that indigenous peoples have a meaningful voice in important decisions about their lands, their lives and their future. Bill C-88 would enable a resilient resource sector while also respecting the rights and interests of indigenous peoples.
The three Ps of environmental protection, people, protection and prosperity, are the key drivers of Bill C-88. They are also sound reasons to support the proposed legislation. This legislation is finally going to bring about an environment where all indigenous peoples in the north will feel they can actively participate in determining what happens with that environment, what happens with their economy, and what happens with their future, for both today and for their children and grandchildren. Once again, indigenous people always look out seven generations. We need to take that into consideration in the north.
I encourage my hon. colleagues to vote in favour of Bill C-88 at third reading.
View Mike Bossio Profile
Lib. (ON)
Mr. Speaker, it has been great to work with my colleague over the last number of years on the indigenous committee. I think we accomplished a lot of great things together, on many different bills and many different reports, that I feel have made a difference in the lives of indigenous people. I thank him for serving on that committee and his contribution to it.
However, I do not agree with the premise of his question. The Premier of the Northwest Territories and Inuvialuit both agree that they are making great progress right now in negotiations on how to properly develop the resources both in the Beaufort Sea and the Norman Wells oil fields. These are two areas which I have to say the previous government did not consider involving indigenous communities in consultation. Let us face it. That has been the reason that so many big projects like this in the past have failed, because of a lack of proper consultation.
Our government is taking the time to consult with those communities to ensure that they determine the future development of those resources.
View Mike Bossio Profile
Lib. (ON)
Mr. Speaker, as we heard earlier this evening from other colleagues, and in particular, my colleague from the Northwest Territories, this bill is UNDRIP in action. Indigenous peoples feel that this includes a lot of what they have been seeking for a very long time. This is going to correct a lot of the failures of the previous legislation.
I am grateful that the NDP are fully in support of this bill. It is the right thing to do. Once again, indigenous communities need to start taking control of what happens with their resources. There are going to be 50 seats guaranteed in this legislation for indigenous communities, 50% of seats, with revenue sharing that is going to happen with indigenous peoples and communities. There will be 20% of the revenue coming from the Northwest Territories to indigenous peoples.
I understand why the NDP would be supporting it, because it is a good bill; it is the right thing to do and it is long overdue. My thanks for that support and for the question.
View Mike Bossio Profile
Lib. (ON)
Mr. Speaker, simply, it shatters the trust completely. Rural Canadians are very generous, and indigenous peoples are very generous people, but if someone breaks that trust, it takes a very long time to earn that trust back again.
This bill will go a long way towards earning that trust, because so much consultation was done in the writing of the legislation. Once again, Premier McLeod and many leaders in the indigenous communities are in full support of this bill. They want this bill to be passed expeditiously, as soon as possible. We heard that in testimony at committee many, many times.
I encourage everyone in this House to please vote for Bill C-88.
View Nathaniel Erskine-Smith Profile
Lib. (ON)
Mr. Speaker, I want to thank the member not only for his service, but for his advocacy in this place, particularly as someone who is gravely concerned about our oceans. I look to the advocacy of this member with great regard.
Becoming a new member in this place in 2015, I, frankly, stole the work of the member and his advocacy to tackle the issue of shark finning. It is incredible to see that advocacy start so many years ago and that we will see come to fruition very shortly. It would not have come to fruition but for the member.
The only other thing I will say beyond his significant advocacy for our oceans and wildlife is the way he conducts himself in this place, not only in a committed way but a non-partisan way. Building constructive relationships throughout the House is a testament to his character. It is how members of Parliament ought to conduct themselves at all times.
View Rob Nicholson Profile
CPC (ON)
View Rob Nicholson Profile
2019-06-10 11:16 [p.28781]
Mr. Speaker, I am rising in the House to speak to Bill S-203. Despite good intentions, this legislation is flawed in its current form. It should come as no surprise that there are many issues with this bill. In the short time it has been before the House for consideration, one of the major problems identified is an English-French language conflict in the text of the bill.
As we all know, Canada is a bilingual country. Our two official languages are French and English, and all legislation drafted and passed in Parliament reflects this. Anyone who has ever read these documents knows that the English text is on the left side, while the French text is on the right. We also know that Canadian laws and legislation must be applied in the same manner for all Canadians, regardless of language. This is fundamental for ensuring a fair justice system, which is key to our democracy. Otherwise, it would be grossly unfair and inhumane for a state to subject its citizens to different laws and penalties based on the language they speak. I hope in this place, and across Canada, we can all agree on that.
That is why I believe the mistake in Bill S-203 was an unfortunate oversight made by the Standing Committee on Fisheries and Oceans. Issues like this are more likely to happen when legislation is rushed through the process without being subject to a thorough study. As members may know, Bill S-203 was given only two meetings before it was pushed ahead without amendment.
It began on March 18, 2019. In a meeting of the Standing Committee on Fisheries and Oceans, the government member from Miramichi—Grand Lake identified an important and significant language conflict in the text of Bill S-203. The following is a quote from the Evidence, as the member questioned a department official on this issue:
Another thing that would need to be clarified for me is clause 4 of Bill S-203 to prohibit the importation to Canada of living cetaceans as well as cetacean tissue or embryos, subject to a special permit. Apparently the English text of the clause refers to permits issued pursuant to proposed subsection 10(1.1) of WAPPRIITA [the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act] while the French version of the text is silent on the type of importation permit required. That sounds very odd. I wouldn't know of any other piece of legislation in which the French version would be different from the English version.
The departmental official replied, “I am not completely sure about the two clauses you are referencing. I haven't done a comparison of the English to the French so I don't have a response for you on that.” In response, the member asked, “Do you think we should clarify that?” The departmental official replied, “It would be important to make sure that the intent in both the English and the French is the same.”
Interestingly, it was a member of the current government, from a bilingual province, who flagged this critical language concern. It is also interesting how the department official stressed the importance of getting the language right.
The story does not end there. It continues.
On March 26, 2019, the Honourable J.C. Major, a former Supreme Court justice, penned a letter to all members of the Standing Committee on Fisheries and Oceans. He, too, identified the same language conflict as the member did. However, rather than merely stating his concern, he elevated the issue to be a constitutional matter. In addition to that, he informed the committee that this part requires amendment.
This is what the Honourable J.C. Major wrote to the members of the committee in his letter:
I have reviewed the proposed Section 7.1 which is scheduled as an amendment to Bill S-203 of the Wild Animal and Plant Protection Regulation of International and lnterprovincial Trade Act (WAPPRIITA).
In addition I have reviewed the French to English and English to French review certified by...ABCO International which on review concludes that the wording of Section 7.1 between the French and English version is starkly different. The question raised is whether the difference is so material that compliance is affected. In my opinion the differences are material and confusion is inevitable and an amendment is the only remedy that will clarify the intent and purpose of Section 7.1.
Canada, by virtue of the Federal Government's legislation, confirmed by the Supreme Court of Canada and evidenced by the Charter of Rights, is officially bilingual. In addition, under S.18 of the Charter of Rights and Freedoms (Part 1 of the Constitution Act 1982), both English and French are made equally authoritative.
Given that both languages are authoritative and that differences between the French and English drafting of Section 7.1 are materially different, it is apparent that revisions by way of amendment of that section would by its uniformity confirm Parliament's intention as the section would then be clear to parties affected by it and invaluable to the judiciary.
The latter consideration is important as explained below as case law is replete with decisions evidencing the difficulty the courts in all provinces have from time to time reconciling statutory conflicts and either succeeded in doing so or entering an acquittal.
Section 7.1 of Bill S-203 is an enforcement provision under the Act. Given the conflict in the English and French versions of the proposed legislation its passage without a clarification amendment would, in the event of an illegal violation and subsequent prosecution, present a dilemma to the court. An obvious example being that an application under the English version would be required to meet the conditions set out in s. 10(1.1) whereas an application adhering to the French version would not. In the result the same law would be different depending on the site of the application. Should a charge be laid under the proposed Section 7.1 the difficulty described would be left to the court then to attempt a reconciliation of the conflict in the language and if not possible to strike down the section and order an acquittal.
The foregoing is a brief response to the difficulties that are inevitable if there is no amendment clarifying the intent of the legislation.
It is of value to consider the unequivocal recommendation number 35 of the Uniform Law Conference of Canada which concluded “the English and French versions of a bilingual Act must be identical in substance”.
My observation is that the member and the former Supreme Court justice both share the same concern: There is a language conflict in the bill's text. That common ground should be encouraging. However, what happened next in the committee at clause-by-clause was anything but. My party brought forward two amendments. One would make the English text read the same as the French, and the other would make the French text read the same as the English. Both amendments were rejected by the government, and Justice Major's legal opinion was ignored.
My second observation at committee was about the four government amendments that the member for Miramichi—Grand Lake suddenly withdrew at clause-by-clause. The withdrawals came as a surprise to the opposition members, because they were sensible amendments. Their intent was largely to coordinate Bill S-203 with the Liberals' own Bill C-68, which I can understand. Both bills share overlapping objectives, and if both were to pass, their implementation could clash or create confusion. In short, it made little sense for the member to make those withdrawals, especially when the changes were responsible ones that the Conservatives were prepared to support.
Here we are then. This is the second hour of third reading of Bill S-203. This bill is flawed. A former Supreme Court justice was called in. Bill S-203 is a constitutional challenge in waiting, and the scariest thing is that this bill is about to come into force.
This is as good a time as any to remind all members of the House that it is our responsibility as parliamentarians to ensure that the bills we pass are constitutional and legally sound.
Given the government's majority position, this decision ultimately weighs on the Liberal government to do what is right. It must act in the best interests of Canadians. That action is passing legally sound and constitutional legislation.
So here we are, at the second hour of third reading debate. The bill, in its current form, is flawed. A former Supreme Court justice has weighed in on the constitutionality, and those changes needed to be made. Now is a good time to remind all members of the House that it is our responsibility as parliamentarians to ensure that all laws we pass are constitutional and legally sound.
Given these reasons, I hope the government reconsiders its position on Bill S-203.
View Bardish Chagger Profile
Lib. (ON)
View Bardish Chagger Profile
2019-06-10 20:41 [p.28856]
Madam Speaker, I would like to start by commending the member for the Northwest Territories for the work that he has done in working with the territorial government to really advance this legislation. I recognize that the previous government took some positive steps forward but brought in the concept of the superboards that were not well received. I, as well, have met with the territorial government, which would like to see this legislation advance.
I would appreciate it if the member could once again remind this House of the importance of this legislation, why it should move forward and what it is that would actually provide certainty to the energy sector. This legislation should move forward so that it could actually become law and help advance the territorial Government of the Northwest Territories, just as the member for the Northwest Territories has been championing and trying to advance.
View Carol Hughes Profile
NDP (ON)
Before I go to resuming debate, there seems to be a bit of confusion again about how those who are asking questions and making comments are selected.
Members may recall that on November 3, 2016, the following statement was made:
As Chair occupants, we recognize that the time for questions and comments is often the most valuable time for an exchange between members. In accordance with the procedures and practices, we will do our best to ensure that time is generally afforded to the members of the parties who are not associated with the member who has just spoken but not to the exclusion of that party....
That is the way we will do it. We will also be attentive to members who are particularly present during the day and paying attention to the debate to ensure that as many members as possible can participate....
I was going to recognize the member earlier. However, there was an agreement made that the government House leader was going to get up and ask that question. The hon. member for Northwest Territories could certainly have the first question that will be posed once the opposition does its speech.
Resuming debate. The hon. member for Dauphin—Swan River—Neepawa.
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