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Decentralized Democracy

Elizabeth May

  • Member of Parliament
  • Member of Parliament
  • Green Party
  • Saanich—Gulf Islands
  • British Columbia
  • Voting Attendance: 61%
  • Expenses Last Quarter: $112,862.18

  • Government Page
  • May/23/24 10:26:24 p.m.
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  • Re: Bill C-69 
Mr. Speaker, the minister will not be surprised that I want to turn to Bill C-69 and the sections relating to the Impact Assessment Act. I never did practise constitutional law, but I have been consulting with some constitutional law experts. The minister brought the bill forward, so he must think it will meet the standards of the Supreme Court of Canada that this is federal jurisdiction. I do not. I wonder if the minister is open to considering changes, even at this stage, to ensure that environmental assessment is returned to the four squares of federal jurisdiction, as was the case under Brian Mulroney's version of environmental assessment, which was repealed by Stephen Harper.
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  • May/21/24 1:12:10 p.m.
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Mr. Speaker, the minister's comments addressed parts of Bill C-69, but unfortunately, as we know, it is an omnibus bill. As an omnibus bill, it includes other parts that are not intended to help Canadians who are most in need or help indigenous communities, but to push through, without proper study, quick and dirty amendments to the Impact Assessment Act. I intend to move a motion later today to ask that the impact assessment portions of this omnibus bill be removed so they can be properly studied, not by the Standing Committee on Finance but by the Standing Committee on Environment and Sustainable Development. I wonder if the minister has any thoughts on that.
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  • May/2/24 4:14:59 p.m.
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Madam Speaker, my hon. colleague from Kings—Hants and I have never compared notes, but we went to the same law school. I am drawing on my experience as a proud graduate of the Dalhousie University school of law to say that the current government has completely bungled impact assessment and has bungled repairing the impact assessment law. He referenced it in his speech. Therefore, I want to put to him that we had extremely effective federal environmental assessment laws, starting in 1975, concretized in 1993 in a statute brought in by Brian Mulroney, and they were destroyed by Stephen Harper in the spring of 2012 in a budget implementation act. The current Liberal government promised to repair the law to what it was before 2012, and instead, it continued with Harper's approach, which is why the legislation was struck down by the Supreme Court of Canada. The designated project list approach was far too discretionary and untethered from the federal jurisdictional, clear guidance that existed under Mulroney. I would ask my hon. colleague from Kings—Hants if he could exert his influence over the people who were not trained at law school, such as the Minister of the Environment, to fix the Impact Assessment Act, but not through this quick, dirty and flawed approach in the ways and means bill.
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  • Feb/8/24 5:56:45 p.m.
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Mr. Speaker, I am returning to a question I asked in question period on October 18, 2023, just last fall. The question was asked five days after the Supreme Court of Canada struck down sections of the government's bill on environmental assessment, which it redubbed “impact assessment” and which came forward through Bill C-69. I practised environmental law. I will briefly share with the chamber that I actually worked in the Mulroney government and took a draft environmental assessment law through to the Privy Council to get permission for the government of the day to bring forward the Canadian Environmental Assessment Act, which ultimately entered into force around 1993. It went through several changes. It was an excellent piece of legislation; it worked well. It was repealed under an omnibus budget bill under Prime Minister Stephen Harper's government and was struck down and eliminated by Bill C-38 in spring 2012. That was more than lamentable. When the new government came in, in 2015, the current Prime Minister gave a mandate letter to the former minister of environment, Catherine McKenna, to fix this. Tragically, she ignored the advice of environmental experts, even those she had empanelled. What I asked on October 18 was whether the new Minister of Environment and the Minister of Justice would follow the excellent advice of the expert panel on environmental assessment law that was chaired by former Chair of the BAPE, Johanne Gélinas, and many environmental experts, and which was thoroughly supported, certainly by the Green Party and by me. I asked whether we would follow the advice that the essence of environmental assessment law is to evaluate the projects of the federal government itself: at a minimum, the panel said, federal land, federal money or where federal permits are issued. There was an additional list of concerns. Tragically, the government ignored the advice. It took the advice of the Impact Assessment Agency itself. What I asked the minister on October 18 was whether the government would now commit to reviewing and putting in place the recommendations. An excellent opportunity was created by the court's striking down, as I completely predicted it would, the sections that were based on the designated project list itself, a creation of Harper's Bill C-38, which was a terrible way of weakening environmental law while at the same time failing to honour federal jurisdiction. The minister missed the point of my question and merely said that they were going to fix it. I am desperately worried they are going to do a quick fix, and that in the quick fix, they will once again listen to the advice of the wrong people. I beg the parliamentary secretary to tell us tonight that the government will follow the advice of the expert panel that gave them the right road to fixing the environmental assessment law in this country.
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  • Oct/18/23 3:41:00 p.m.
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Mr. Speaker, the incredible irony here is that the portions of the impact assessment law that the Supreme Court found were in excess of federal jurisdiction were the sections created by Stephen Harper in wrecking our previous, predictable, strong environmental assessment legislation and the so-called designated project list, which was a very bad idea. The expert environmental law panel created under former minister McKenna, and then ignored by the government in bringing forward Bill C-69, has the answers the government needs. Will this minister commit to reviewing those recommendations and putting them in place?
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