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Results: 1 - 15 of 388
View Taylor Bachrach Profile
NDP (BC)
Thank you, Mr. Chair.
I have a question for Dr. MacDonald regarding enforcement. We've just been completing a study on the enforcement of the Canadian Environmental Protection Act. Through that study, we have discussed some really concerning barriers that citizens and groups face in pursuing enforcement of the act.
Could you speak to enforcement, in the context of the bill we're discussing today? How could it potentially be strengthened to give citizens or communities better access to redress?
Elaine MacDonald
View Elaine MacDonald Profile
Elaine MacDonald
2021-06-16 17:21
The biggest barrier is probably the cost issue, the risk of adverse costs, even the cost of hiring a lawyer to access the courts. Certainly, in our experience at Ecojustice Canada, we do many litigations, and in Canada it's the cost risk.
It's not as bad, I must say, in Federal Court as it is in some provincial courts, but the cost risk is certainly an issue for many individuals and small communities that just don't have the funds. It's absolutely the biggest barrier to bringing something before the courts. That's why we suggested a kind of easy, low-risk tool that would waive costs unless the case was vexatious, for example.
There is an environmental protection action provision in the Environmental Protection Act, which we've looked at, and we have some concerns with that. It's never been used, because it creates many barriers when it's used. For example, it requires a person to request an investigation of government first, and then get a response from the minister, who's unresponsive, or no response at all. They can then move into taking this on, but once again the cost risk is really the major barrier that I see there in terms of taking that on.
View Taylor Bachrach Profile
NDP (BC)
I think the follow-up would be that, in looking at the contents of this bill, does this concept of enforcement have any real bearing in this legislation in the same way that it does in CEPA, for instance, or is the main thrust of this bill not in a direction that would allow citizens to really seek that redress through the courts?
Elaine MacDonald
View Elaine MacDonald Profile
Elaine MacDonald
2021-06-16 17:23
Our recommendation in terms of enforcement went with the recommendation with respect to a federal obligation to ensure the government doesn't perpetuate environmental racism. Should the federal government fail to meet that obligation, it would give citizens a tool in order to enforce that obligation on the government. The two would go together, hand in hand.
View Taylor Bachrach Profile
NDP (BC)
Thank you, Mr. Chair.
I would like to pick up on the topic of enforceability. We heard the minister say that the intention, or his intention, is for Bill C-12 to force future governments to meet the targets, but we know from previous court cases that certain phrases or certain clauses in the legislation can make that nearly impossible. You put in a clause about other considerations or Mr. Albas's favourite word “balance”, and all of a sudden it simply doesn't have the teeth that it needs to stand up to any sort of legal challenge.
Has the department conducted any sort of internal analysis around the enforceability, the legal enforceability of the act?
John Moffet
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John Moffet
2021-05-17 15:49
As Minister Wilkinson explained, the focus of the legislation is on political and public accountability, so there is a legal obligation on the minister of the day to set targets, to develop a plan, to report on progress towards the target and to account for whether the target has been met. As such, the primary mechanism or means by which the act will be respected over time will be public, political and parliamentary accountability.
View Taylor Bachrach Profile
NDP (BC)
If I understand correctly, then, legal accountability is not part of the focus of this legislation.
John Moffet
View John Moffet Profile
John Moffet
2021-05-17 15:49
The minister will have very clear obligations, so I would imagine there will be clear legal obligations on the part of the minister. It's important to appreciate that they are different from the ability to enforce a target per se.
View Taylor Bachrach Profile
NDP (BC)
Right. In other jurisdictions such as France, I believe, the government has been taken to task through legal channels and various parties have been successful in the courts and have forced the government to modify its approach. I know there are people who are looking at this legislation and hoping that it would provide a framework to do just that. In fact, we have a Liberal member of Parliament saying in the House that it's his hope as well that it will provide the evidentiary basis for such legal challenges.
I'm just trying to get a sense of whether the department has considered that and whether there's any analysis around whether this legislation as currently written would stand up to such a challenge.
John Moffet
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John Moffet
2021-05-17 15:51
I think we anticipate that there would be an opportunity for judicial review if the minister of the day does not comply with one of the very specific obligations imposed on the minister.
View Dan Albas Profile
CPC (BC)
You nodded, so that's all I need to see.
I'll go to Ms. Neve, please.
Do you collect information relating to the impact of environmental hazards and assess the enforcement of provincial laws?
Silke Neve
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Silke Neve
2021-04-14 17:59
In the role I play, which is the director of the information and indicators division, I am primarily responsible for a program called the Canadian environmental sustainability indicators, which essentially works with data that's generated by other programs. Yes, the department does collect information on emissions of substances and also on the environmental quality.
Silke Neve
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Silke Neve
2021-04-14 18:00
[Technical difficulty—Editor] program, I can speak to what we work with, and predominantly we're looking at federal enforcement at this stage, but I'll ask Laura to comment on the provincial side.
Silke Neve
View Silke Neve Profile
Silke Neve
2021-04-14 18:01
Okay.
To answer the first question, we do have data on the release of harmful substances to the environment.
As for the question about promoting compliance with the act, the program I'm working on, we have the federal information, but not the provincial information.
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