That's okay. You're always allowed to interrupt your own congratulations.
We at Ecojustice feel that Bill C-469 is a major step forward, and we're happy it's being debated, so thanks to all of you for the invitation.
Ecojustice, for those of you who don't know, has been practising as Canada's leading public interest and environmental law organization, or at least the largest one, since 1990. We've stood side by side with groups like the Canadian Environmental Law Association and West Coast Environmental Law, which have been working on a pro bono basis for groups around the country that are deserving of our assistance. By “deserving”, I mean that they have cases of the utmost importance in terms of protection of the environment and don't have the means to pay. This is something that has been worked at for many years.
The Canadian Environmental Law Association in particular has been very involved in establishing environmental rights in Canada. Ecojustice has been working more recently on this issue and we're very happy to have been engaged on this bill in particular. I'm going to talk a bit about that.
However, I won't be talking today about litigation that in all likelihood you will have seen on the front pages of the newspapers with respect to a charter challenge being brought by members of the Aamjiwnaang First Nation, who are seeking an interpretation of sections 7 and 15 of the Canadian Charter of Rights and Freedoms that would allow for the annulment of a pollution permit granted by the Ontario government.
That's not what we're discussing today. Obviously this is not about changing the constitution or seeking an interpretation of the constitution. This is about a federal law, and a federal law that respects federal jurisdiction, so we're squarely within that realm.
Ecojustice is very keen to see all parties working together on Bill C-469. We don't see any reason why this shouldn't be the kind of legislative initiative that can be supported both by opposition parties and by the government.
In particular, with our partners Friends of the Earth Canada and the Sierra Club, we started working on our model environmental bill of rights, which was released publicly back in June 2008. As we did this, we ensured that all parties received a copy of the model law and were offered the opportunity to be briefed on the model law.
To that effect, we sent letters to the leaders of each party. In fact, we did have the opportunity to meet with Monsieur Bigras and Monsieur Duceppe. We met with the Liberal environment caucus, and of course we met with the NDP, with Nathan Cullen at that time, and subsequently with Linda Duncan.
Unfortunately, we didn't have the opportunity to meet with any members of the government. Our letter wasn't responded to, unfortunately, but that doesn't mean to us that this can't be achieved in a collaborative fashion across the aisle. We think this is an issue that should be dealt with by all parties together in recognition of the fact that this is just such an important issue.
For Ecojustice, Bill C-469—I'm going to give you a big picture here and I'll leave the specifics to questions—prioritizes the values of transparency, public participation, and accountability. Accountability, I think, is the real word to follow here. At the end of the day, Canadians are concerned that governments, whether those are municipal governments, provincial governments, or the federal government, have not fulfilled their obligations with regard to being accountable to enforcing the law. That's a serious issue.
I think all politicians of all stripes have to understand that a majority of Canadians out there really feel as though governments are letting them down regarding their accountability on environmental enforcement. That's not withstanding the great initiatives that may have been put forward, and I commend the federal government on their work in regard to the environmental enforcement act, which has yet to be brought into force, but credit where it's due....
Secondly, the bill would bring about consistency and equity for public participation across the board on all federal environmental statutes. Right now, what we have is a mishmash. The participation and access that Canadian citizens have depend on the statute and it simply isn't conducive to solid engagement by our citizenry.
Third, Bill C-469 will enhance access to justice. In our opinion, that will lead to better and more accountable decision-making. The easy analogy that could be used is the carrot and the stick. Just because avenues of litigation are available to citizens, it doesn't mean they will necessarily use them. What it does mean, though, is that it changes the calculus in incentives for behaviour that would lead to more enforcement; that is, behaviour on the part of those whose activities would be enforced and the behaviour of those who would be engaged in the enforcement activity itself.
I won't go into the argument that Bill C-469 will bring Canada into line with the international community; it's fair to say that Dr. David Boyd did a remarkable job of that last week. He is Canada's foremost authority on the issue of environmental rights across the world. I hope his testimony was carefully considered.
Bill C-469 also reflects carefully considered analysis of other provincial jurisdictions. We recognize that in Canada it's not about the federal government taking control or reinventing wheels. It's a matter of learning from experiences of other jurisdictions--and there's a lot to be learned. There's a lot to be learned from the Yukon and from the Northwest Territories in regard to the establishment of environmental rights. It's the same with Quebec, which has the most impressive record and the longest record in terms of legislative protection for rights.
I should have said earlier that I will not speak in French today, but I am very willing to take questions in French. I apologize for having neglected to tell you that earlier.
We looked at the Northwest Territories in developing this model legislation. We looked at the experiences of Yukon, of Quebec, and in particular of Ontario, where it has been 20 years since they enacted their legislation. I look forward to hearing more about that from my colleague, Ms. McClenaghan.
In terms of the key provisions, it's fairly clear that we need the establishment of an environment right and a corresponding public trust duty. This isn't anything new or radical. This has been done before. It has been done in various states. It has been done in various provinces. The public trust doctrine is also not unfamiliar to the common law.
With regard to access to environmental information and participation in environmental decision-making, there would be some major steps forward in this regard, particularly vis-à-vis a right to request investigation and a right to request a review. These are key provisions. They're available in Ontario. The system works in Ontario. The citizens feel more engaged. They participate more. Usually that means that better decisions are made. At the end of the day, there is a judicial stick available.
In various Canadian jurisdictions where environmental rights are protected and where there are opportunities to engage the judiciary in ensuring environmental enforcement, the experience is that they're not used extensively. I'd be happy to discuss this issue. We're very concerned that Canadians would be misled that there is a floodgates sort of concern with this kind of legislation, when in fact history has demonstrated that there is no such concern. It doesn't matter whether you're looking in the Northwest Territories, Ontario, or Quebec.
I'm sure I'm getting to the end of my time, so I'll conclude by simply saying that I think it's high time we enact a bill that reflects the values of Canadians. This isn't just about the nuts and bolts of rights of review, rights to request investigation, and the greater ability of citizens to use the judiciary to ensure environmental accountability.
What is it really about at the end of the day? It's about asserting our values as Canadians. It's my belief and it's Ecojustice's belief that this bill does just that.
Thank you.