National Strategy to Redress Environmental Racism Act

An Act respecting the development of a national strategy to redress environmental racism

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

This bill was previously introduced in the 43rd Parliament, 1st Session.

Sponsor

Lenore Zann  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (House), as of Feb. 27, 2020
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment requires the Minister of the Environment, in consultation with representatives of provincial and municipal governments, of Indigenous communities and of other affected communities, to develop a national strategy to promote efforts across Canada to redress the harm caused by environmental racism. It also provides for reporting requirements in relation to the strategy.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 24, 2021 Passed 2nd reading of Bill C-230, An Act respecting the development of a national strategy to redress environmental racism

Canadian Environmental Bill of RightsPrivate Members' Business

December 5th, 2023 / 6:25 p.m.
See context

Liberal

Angelo Iacono Liberal Alfred-Pellan, QC

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.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

March 23rd, 2023 / 6:25 p.m.
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York Centre Ontario

Liberal

Ya'ara Saks LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, I would like to start my comments with respect to Bill C-226 and acknowledge that we are here today on the traditional unceded territory of the Algonquin people. The land acknowledgement is really important in understanding why we are talking about this bill. It is because what we are discussing really impacts the marginalized, racialized and indigenous communities of this country, which have struggled with environmental injustice for decades.

I am honoured to rise this evening to speak to Bill C-226 because, as mentioned, this bill has been sponsored by the member for Saanich—Gulf Islands. I will note, as she did, that it was first introduced in the 43rd Parliament by a friend and colleague, Lenore Zann, who is the former member of Parliament for Cumberland—Colchester. I had the honour and privilege of working on that bill in the 43rd Parliament with my colleague from Victoria. As the member for Saanich—Gulf Islands noted, bringing the bill to this point really does feel like a mothering process in many ways. We are getting to see this day come for what we knew, as women, was so important for so many vulnerable communities across this country from coast to coast to coast, and we are getting the bill to where it is today in the chamber.

Until its introduction in the previous Parliament, environmental racism had been recognized as a problem for quite a long time, particularly in the United States, but it was still a fairly new concept here. We were not sure how to address it or discuss it. With its passage, this legislation would require for the first time a national strategy to address environmental racism. This whole process, whether it was in the 43rd Parliament or where we are now, has encouraged us to finally have this important conversation because many women and many leaders across this country have been having this conversation and pushing this issue for decades.

It comes at a time when Canadian society has a renewed focus on trying to understand the essential work of combatting both systemic racism and climate change. For many it was a question of how these things go hand in hand, but they do. Environmental racism really has to be part of the conversation when we talk about climate change. We cannot ignore what was really a blind spot for many in terms of addressing what environmental justice is.

We have talked about unconscious bias when it comes to racism and the potential unintended consequences, even in the House recently, of the many issues we are discussing that lead to racism in our society. Being Jewish, I see a rise in anti-Semitism now as well. We have to talk about these things, even when they are uncomfortable, and environmental justice is included in that.

We are in the process of updating the Canadian Environmental Protection Act at this time. It is a very good sign that here in this place, we are making sure that environmental racism and the right to a healthy environment are part of the debate and the discussion tonight, as well as in the environment committee and other spaces.

Environmental justice and the impacts of environmental racism are now an important part of the national conversation and not just here in this chamber but with the many folks we have met along the way. Whether we look back at Bill C-230 in the 43rd Parliament or we look at Bill C-226 today, the advocates across Canada have really been pushing us along and mothering this bill in many ways. It is important to define and frame the conversation so that we understand why it is so important.

Environmental racism happens when environmental policies or practices, like the placement of polluting industries, result in a disproportionately negative impact on groups or communities based on race or colour. Affected marginalized communities often lack the political power to influence decisions or advocate for stronger standards. That is why they rely on us, as parliamentarians and as these women's voices, to push this along.

It has become increasingly apparent that environmental benefits and harms are not shared equally. We talk about equity in many other aspects of Canadian life, but it is important that it is placed clearly here as well because environmental justice and environmental equity should be shared equally among all members of our society. This is not a new problem, but it is a new realization. Those in power have not discussed this in terms of addressing it with our marginalized groups, who have finally said it to us. Dr. Ingrid Waldron shared that for 70 years, communities in Nova Scotia have been waiting for us to have a substantive discussion on this. That time has come.

Indigenous and racialized communities, particularly those with lower socio-economic status, bear a disproportionate share of the environmental burdens and consequences when we deal with pollution, exposure to toxic substances, and land and water degradation. There is no magic bullet to fix this. I do not think anyone in good faith would suggest that the bill's purpose is to do that. I know that in previous debates, some of my Conservative colleagues said there is no point as we will never get it done. There is no magic way to fix systemic racism. There is no magic way to fix climate change. However, we have to start. We have to begin the process, and Bill C-226 clearly has the first steps.

At the end of the day, we want to make sure that no one's health is compromised and no one's quality of life is compromised because of where they live or, more importantly, because of who they are. This is about ensuring the health and dignity of all peoples regardless of their background. It is not a bill of one-off action. I know my colleague from Saanich—Gulf Islands has asked for us to consider a more robust approach than the national strategy, but I really want to applaud that we have gotten here to the first step.

Communities across the country have been affected, whether through higher rates of cancer and other diseases or through the destruction of local habitats and natural environments. At the end of the day, we have to address those environmental impacts so that the quality of life for these communities going forward, after years of disproportionate impacts, starts to change.

I know my time is coming to an end, so I want to circle back to the idea of women. I think there is a really important role for them to play. The member for Saanich—Gulf Islands, the member for Victoria and I have been involved in this process, as have others. As women, we are the ones who notice things first. We are the observers, often in silence, of the damage being caused around us. We know when things are off. We know when someone is not okay. We know when someone's health has been compromised because we have watched it from generation to generation.

To each of the women who were part of the journey for Bill C-226, including Dr. Ingrid Waldron, we have heard the journey to get to this point. The passing of this legislation today is really about the work of the women of these communities who have been fighting for the health of their communities, the health of their families, the health of their children and the health of the future so they can promise their children and generations going forward a safer and cleaner environment. Frankly, there is no other option than to push forward and contemplate these things.

In answer to my colleague in an earlier debate who said we will not get this done, I will share something that comes from my own tradition. We say, “It is not upon you to build the kingdom, but it is your responsibility to begin the work.” Women have been doing the work on this, from our friend Lenore Zann to those who are here today to the women of the many indigenous and racialized communities across this country who care about the future and health of generations to come. By putting this into law, we are acknowledging their work and putting a process into place.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

March 23rd, 2023 / 6:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

, seconded by the member for York Centre, moved that Bill C-226, An Act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice, be read the third time and passed.

She said: Mr. Speaker, there are not really words to describe the joy, pleasure and deep sense of gratitude when a private member's bill gets to third reading, and the member who has proposed it gets to stand before colleagues, to both ask for further support and express gratitude for the support the bill has received.

I want to begin by acknowledging that we are here on the territory of the Algonquin Anishinabe people. To them, I express a deep meegwetch every single day that we stand on their territory. Part and parcel of what we are addressing in the piece of legislation today is the impacts of the history of settler culture on Turtle Island and the impacts of policies of exploitation, of amassing fortunes, of capital raised and capital in bank accounts based on taking natural capital, taking it from what is alive to what is dead, at which point we see profit.

We also see a disproportionate impact for those people who are racialized, low-income or indigenous and the distance between those people and the large profits that are amassed quite far from where they have been exploited.

The concept of environmental racism may be new to some people in this House, but it certainly was not a new concept to the first member to bring this bill forward. Although Bill C-226 came to this House what feels like a long time ago, in terms of Private Members' Business it was not that long ago. This bill came to this Parliament on February 2, 2022 at first reading.

However, that was not its first incarnation. Its first incarnation was as Bill C-230. It was a private member's bill of a Liberal member of Parliament, who was at that time the member for Cumberland—Colchester. I can say her name out loud here. That is one of the sad things about this. When one of our friends and colleagues is not re-elected, their name is speakable. I thank Lenore Zann, who brought this bill forward. She is still rooting for it. We are still working together. In the previous Parliament, she did me the honour of asking me, a Green Party member of Parliament, to be her official seconder, even though she is a Liberal. It is quite unusual to ask someone from another party to second a bill, and I was honoured to do so.

We worked together on this, and it got all the way through second reading and all the way through the environment committee. It had amendments made to it in the last Parliament, and then, as we all know, there was an election that intervened, and the bill died on the Order Paper.

Since that time, in bringing it back, I have had so much support from so many members whose names I cannot say here because they are still members and working hard to help. I want to start, of course, by thanking the Minister of Environment, who, as minister, has this in the mandate letter, but in discussions that were enormously collaborative he decided that perhaps it might advance more quickly as my private member's bill.

We really have a sense of urgency about getting the bill passed. As we know, the House calendar can get clogged with government bills. This one was ready to go, and I drew a low number in the lottery, so we moved forward.

From the very beginning, I had the support of my friend, the member for Victoria, who also laid hands on this bill. One could describe this bill as having many midwives. This is a process and we are not done yet. There is the hon. member for Nunavut and the hon. member for York Centre, who is seconding the bill here tonight. We had hon. members from many parties, including the hon. member for Aurora—Oak Ridges—Richmond Hill, the hon. parliamentary secretary from Winnipeg South and the hon. member for Toronto—Danforth. I know I am going to leave people out if I keep going.

I have many friends in the other parties, and I wish I had been able to convince my Bloc Québécois friends to support Bill C-226.

Unfortunately, right now, they are not on my side when it comes to this private member's bill, but perhaps they will change their minds before the final vote. I hope so. Right now, the Conservatives are opposing this environmental justice effort.

I would have loved to have every member of Parliament in this place support the legislation, but thank heaven, and thank all the members who have seen it in their hearts to support the bill, we have the votes for third reading support, please. Today is the last moment of debate at third reading.

I have another 10 minutes, and I do want to speak to the issues that this bill addresses.

We can name the places and think of them, and they conjure much longer stories, such as Grassy Narrows. What does environmental racism mean when we would allow Reed Paper to contaminate the community of Grassy Narrows with mercury, decade after decade?

The Sydney tar ponds are now cleaned up. However, for decades it was a racialized community with a Black population who came from the Caribbean to work in the steel mill. The land where the steel mill and the tar ponds were located was a toxic mess of carcinogenic toxic waste. It was the fishing grounds of the Mi'kmaq First Nation.

Pictou Landing, more recently, is still at threat from Paper Excellence, which bought the mill that was shuttered.

There is the illegal dumping of toxic waste in the Kanesatake First Nation, there is the Wet'suwet'en territory, and we can add Athabasca Chipewyan First Nation, where Imperial Oil's Kearl mine leaked toxic waste for nine months. Not the regulator, not the province and not the company ever thought to warn the community.

In those cases, if members wonder what environmental racism is, they can just ask themselves this question: Can they imagine that happening in Westmount, the south end of Halifax, or any of the settler-culture neighbourhoods, which are the wealthy neighbourhoods, the white neighbourhoods? Would Imperial Oil have dared to poison a neighbourhood of their wealthy shareholders with the toxic waste seeping from the tar, from the tailings, from bitumen production in the oil sands? The answer that presents itself is obviously no. That is the difference.

There is a lot of academic work that has been done on this, so I do want to start by giving an enormous vote of thanks to Dr. Ingrid Waldron, who is the champion of environmental racism and promotion of environmental justice in Canada. Her book There's Something in the Water was turned into a film documentary. If members want more information on this, they can find it on Netflix. On Netflix, there is a film documentary made by Canadian actor Elliot Page. He based the documentary on Dr. Waldron's book.

Dr. Waldron founded the ENRICH project, which stands for environmental noxiousness, racial inequities and community health project.

Dr. Waldron's work has been central to this. Dr. Waldron worked in a collaborative fashion with Lenore Zann in developing this bill in the first place.

What does it look like? What kind of definitions does one bring to bear? Dr. Waldron's definition is more, but it includes this: “the disproportionate location or siting of polluting industries in communities of colour, indigenous communities, Black communities and the working poor.” It is pretty comprehensive. We know what that means.

However, it is more than that. Dr. Waldron has also said it is “how racist environmental policies...have enabled the cultural genocide of Indigenous, Black and other racialized peoples”.

Having looked at environmental racism, the question is this: What is it that Bill C-226 would do about it? It would demand of government to develop a strategy to promote environmental justice.

What does environmental justice look like? We do not have to look too far. Tomorrow, in this place, U.S. President Joe Biden will be speaking to us.

I hate comparisons where Canada does not look good compared to the United States of America, as I like the smugness of knowing that we set a good example, but unfortunately, we do not look good on environmental racism or climate. In 1994, the U.S. President acknowledged and created a program, by executive order, in the U.S. Environmental Protection Agency to promote environmental justice.

The environmental justice program and the U.S. EPA this year will spend $100 million on programs at the community level to assist communities to have the tools they need to fight the polluters back; get cleanups; prove that the cleanups are needed; prove the health information; get access to epidemiologists, toxicologists and lawyers; and get the chance to beat back the polluters. The polluters will always say, “There is not enough here to poison anyone. That would be quite far-fetched.” Environmental justice programs make the difference by empowering communities so that the polluters do not get away with murder, and I do not mean that purely rhetorically.

The U.S. EPA defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, income, and educational levels with respect to the development, implementation, and enforcement of protective environmental laws, regulations, and policies.”

We have a long way to go in this country, but we are not without a road map. We know what can be done. If we get this bill through third reading today and send it to the other place, it will then need to have the support from the government of the day and the support of the finance minister to fund the programs, so that communities of colour, indigenous communities and poor communities are not left without access to environmental justice.

We have made some changes in Bill S-5, the Canadian Environmental Protection Act, thanks to the Senate. There is more recognition in that bill of aspects of environmental justice and environmental racism.

We are making progress. We are inching along, but we need to be bolder. We need to move fast. It is my deep hope that, if this bill passes, it will go through the Senate relatively swiftly. We will then be able to say to every Canadian that justice includes the right to a healthy environment, that justice includes climate justice, that justice includes the indigenous peoples who live in Saanich—Gulf Islands, that the Department of Fisheries and Oceans no longer can say, “Sir, one cannot harvest any shellfish from one's traditional waters because we have decided, without doing any testing, that that shellfish is probably not safe to consume.” It is safe to consume, all right. It is just that it is an indigenous community and taking away their right to fish is perfectly okay with DFO, with no testing.

These are issues that can be solved. As someone who stands before us as a woman of privilege, by the colour of my skin, I am deeply honoured to work with the communities for whom this legislation will make an enormous difference, for all of the babies, the sons and daughters, of the peoples in those communities.

I ask members to please assist this bill to be more than a strategy, to be more than a private member's bill, but to be the law of the land to create new rights and bring environmental justice to every Canadian.

November 1st, 2022 / 4:55 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

I would like to thank all our witnesses for being here.

I will repeat what I said earlier.

We believe that if we truly want to have a solid bill on environmental justice, we have to take into account all vulnerability factors. We want to strengthen the bill by bringing an amendment to give it some teeth, so that the bill protects everyone and ensures the equality of all when it comes to health and environment.

Ms. Zann, I have some questions for you, because you know the bill inside and out. You were the sponsor of Bill C‑230 during a previous parliament, and you have worked in this field in your community. Let me give you some examples of situations in Quebec.

I will start with the Horne Smelter in Rouyn-Noranda. The people living around the smelter are mainly non-immigrants. I checked the sociodemographic data and I found that two thirds of the population, if not more, are not immigrants. However, since 1979, these people have been breathing in arsenic and cadmium, which greatly increases their risk of developing cancer.

Then there is the red dust that settles on Limoilou. In that case, it is the port of Quebec City that freely pollutes the Limoilou neighbourhood. There again, according to sociodemographic data, two thirds of the people living in that neighbourhood are not immigrants.

I could talk to you about air quality in the eastern part of Montreal. Again, the population is mainly non-immigrant. I could mention the Charl-Pol factory in La Baie, where toxic air is poisoning employees.

Given what I have just told you, do you believe that the bill could help improve the lives of people living in Rouyn-Noranda or in La Baie, or even the lives of those living in the Limoilou neighbourhood in Quebec City or in the Hochelaga-Maisonneuve neighbourhood in Montreal?

These are a few examples of what is going on in Quebec.

November 1st, 2022 / 4:35 p.m.
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Lenore Zann As an Individual

Thank you very much. It's a pleasure to be here with all of you. I hope you can see and hear me.

I am grateful to live in the unceded traditional land of the Mi'kmaq, the people of the dawn, in Nova Scotia.

Thank you for inviting me to speak today on Bill C-226, the national strategy respecting environmental racism and environmental justice.

As you said, I first introduced this bill in the House of Commons in February 2020, just three months after being sworn in as a new member of Parliament. It was an amazing day. I'll never forget it. I'm deeply grateful to the good people of Cumberland—Colchester for electing me to serve them, which made that possible. Many thanks, as well, to all members of the House and this committee who supported the bill, which I was pleased to report back to the House with amendments on June 22, 2021.

Now it's with great gratitude that I thank the member for Saanich—Gulf Islands for reintroducing this bill as Bill C-226, again in February of this year.

The seeds of these federal bills lie in a private member's bill I first introduced in 2015 as a member of the Nova Scotia Legislature, after working with Dr. Ingrid Waldron and a number of indigenous and Black grassroots grandmothers: Bill 111, an act to address environmental racism.

The provincial and federal bills all mandate government to examine the link between race, socio-economic status and environmental and health risks due to the disproportionate number of toxic waste sites, landfills and corporate polluters placed in or beside indigenous, Black or other racialized communities. Environmental racism occurs when environmental policies or practices, intentionally or unintentionally, result in disproportionate negative impacts on certain individuals, groups or communities based on race or colour, lack of political will and unequal economic status or access to environmental benefits.

A broad, diverse coalition of environmental and civil society groups, including the David Suzuki Foundation and Ecojustice, spent close to two years urging Parliament to approve Bill C-230. When the House of Commons environment committee completed its review last year and approved the bill with amendments, it marked a critical first step towards acknowledging the inequities caused by environmental racism.

If passed, Bill C-226 would become a Canadian first. We have no time to lose to ensure that this long-awaited legislation becomes law. Therefore, I strongly urge all parties to approve Bill C-226 and move it through the final stages.

Thank you.

November 1st, 2022 / 4 p.m.
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Director, Toxics Program, Canadian Association of Physicians for the Environment

Dr. Jane E. McArthur

Thank you, Ms. Collins.

Thank you, Ms. May.

I'd like to point back to something Dr. Waldron said when she was speaking in the debate on Bill C-230. One thing she said around that problem, at that time, was that she felt we needed to do more education about what racism is and what environmental racism is, because she was concerned there is a real lack of understanding about this phenomenon being a reality. She pointed to the fact that, in Canada, we like to think that no racism exists here, which she said is "ridiculous”, in her words.

It does exist. Racism often exists in subtle and in very overt ways. We're seeing that in the mapping done and the health impacts being experienced. I think that, when we talk about different intersections and vulnerabilities, we're capable of recognizing oppression and that certain people are vulnerablized. With that lens, it shouldn't be so difficult for us to understand that racism and environmental racism exist in Canada.

We're in a moment where we're reconciling, or supposed to be reconciling, with our past and the ongoing present legacy of colonization of first nations people who live on these lands today. We need to be very concertedly acknowledging this. That's our first step—to acknowledge that this is a reality. Within that reality, we need to take steps to remediate that.

Part of this strategy, as Ms. May pointed out, is the inclusion of the affected people in rolling out the strategy in this bill. Consultation, and free, prior and informed consent, as have already been mentioned.... The communities affected are often not understood through traditional research lenses and methodologies of gathering information. This is, in part, because we're not asking the right questions about what their experiences are. The invisibilization of racism is part of the problem of not being able to gather the right kinds of information to show us the problem.

I think that, really and truly, if we lack some of this understanding and education.... This is an important part of what this bill will do: highlight the fact that this is a reality. We're not necessarily looking in the right places for the right pieces of data, or listening to the right people for the information we need and for evidence that shows this is a problem.

November 1st, 2022 / 3:55 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Thank you, Mr. Chair.

I'd like to thank the honourable member, Ms. May, and Ms. McArthur for being here.

Ms. May, I'm glad to have this opportunity to speak with you about the bill at greater length and about how we, in the Bloc Québécois, see it.

You and I have spoken a few times about protecting health and the environment, and we agree on a lot of things.

The first iteration of Bill C-230 had elements that were at odds with Quebec's interests. The Liberals who were on the committee at the time corrected those issues. I'm glad you took into account the concerns stemming from the first version of Bill C‑230. I commend you for taking the bill and fixing some of its problems. Nevertheless, we feel that some major problems remain. Since you won't be here Friday, I'll tell you what we plan to address in the amendments we're proposing.

In your opening remarks, you said the bill wasn't about window dressing, but I don't think the bill, as currently written, will make the least bit of difference in the lives of those who experience environmental injustice, whether it be indigenous communities, vulnerable populations, the economically disadvantaged or immigrant communities.

In other words, the intent is there, but the bill's content is not strong enough to bring about social change. The amendments I'll be proposing to the committee are designed to strengthen the bill. I'm eager for you to see them, but I will gladly tell you now how we plan to improve the bill with our amendments.

First, the focus has to be on the idea of environmental justice. The bill fits into the broader context of introducing environmental rights. The purpose is to address injustices associated with the environment, injustices that tend to be experienced by minorities, regardless of their colour, if I can put it that way. Since the purpose is to address injustices, it only makes sense to set out a positive principle, namely, stronger environmental justice. That's what one of our amendments seeks to do.

Second, everyone needs protection, and it has to be provided to all citizens fairly and without discrimination. I realize that the intent of the bill is to protect minority communities mainly, and I completely agree with that. The strategy has to target vulnerable populations, including visible minorities. That is why the ministers' strategy must take into account all the vulnerability factors that can lead to environmental injustices. Another one of our amendments seeks to broaden the scope of application to include the origin, socio-economic situation, heritage and history of affected communities.

Take, for instance, the Horne smelter situation in Rouyn‑Noranda. It was under the spotlight all summer long and during the election campaign in Quebec. I'm sure you read the very powerful piece written by one of Quebec's great poets, Richard Desjardins. The piece illustrates how the problem has been going on for decades, for generations, and how successive generations have had to deal with the effects of the pollution caused by the smelter. Those people shouldn't be excluded from the bill's protection, but your bill seems to do just that: exclude them. The government should help them and right the wrongs of the past. That's what yet another one of our amendments seeks to do.

You talked about funding. We will be proposing an amendment to have the government set aside funding, under the strategy, to provide tangible support to communities who face inequalities because of their relationship with the environment. We want to make sure the bill has teeth and doesn't end up on a shelf collecting dust once it is passed. I realize you couldn't include such a provision in your bill because it would have been deemed out of order. The bill requires royal assent. If all of us here can agree to such an amendment, it could very well pass.

Those are the things I am looking for. If the Liberal government is serious about advancing environmental justice, then the government should prove it by supporting these amendments.

The Bloc Québécois is extending its hand in co‑operation. I urge you to ask every member of the committee to support our amendments, to make this bill better and advance environmental justice.

November 1st, 2022 / 3:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Thank you, Mr. Chair.

I'd like to thank my fellow members for being here.

This isn't the first time the committee has studied this bill.

I want to start by acknowledging that this bill was in the last Parliament, came before this committee, had hearings and had amendments made. I particularly want to thank the former member for Cumberland—Colchester, Lenore Zann, who brought it forward then as Bill C-230. I was honoured, at the time. I have never before had a member of another party ask me to second their bill. I was the official seconder on Lenore's bill, back then. I'm grateful that my bill also has bipartisan support.

I want to split up my time as follows.

As the name suggests, the bill is about the development of a national strategy to deal with environmental racism and to advance environmental justice. I will share our ideas on what an environmental justice program should look like and what such a policy should cover.

I'll be sharing my time with Jane McArthur, who will explain what environmental racism is.

I may have surprised some of you by saying that I didn't, before this moment, know Dr. Jane McArthur.

The name Dr. Ingrid Waldron is certainly known to everybody who has looked at the question of environmental racism across Canada. Dr. Waldron has done a lot of research. She was unable to be here today. She played a key role with Lenore Zann in bringing the bill forward and providing its academic and evidence-based underpinning. When Dr. Waldron wasn't able to attend, I asked her if she could recommend someone who could give us the same kind of evidence. She referred me to Dr. McArthur.

I would now like to turn it over to Dr. McArthur for three or four minutes of her expertise in terms of what this bill addresses and what evidence we have that there's a problem that requires this bill.

It's over to you, Dr. McArthur. Thank you for being here.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

June 17th, 2022 / 2 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, environmental racism runs deep in Canada and is a direct result of Canada’s historic and ongoing colonization. Environmental racism causes severe harm to people’s health, threatens culture and destroys the natural environment. Discrimination and systemic racism in Canada’s laws and policies, in addition to uneven enforcement of regulations and laws, have created patterns where marginalized communities are bearing the brunt of the worst environmental impacts from Canada’s economic activities while receiving little of the benefits.

Indigenous, racialized and low-income communities are also the most heavily impacted by the effects of climate change. Last summer, a record-breaking heat dome killed hundreds of people in B.C. During the heat dome, analysis of surface temperature data from NASA’s Landsat 8 satellite found a connection between income and surface temperature in census tracts across the Lower Mainland. The average ground temperature varied by as much as 23°C between metro’s coolest and hottest census tracts.

Throughout Canada, lower-income neighbourhoods also tend to be neighbourhoods with higher percentages of racialized populations, and these neighbourhoods suffer disproportionately from the effects of extreme heat. Researchers indicate that residents of low-income neighbourhoods, like the Downtown Eastside in my riding, face a “double threat”, as many of the neighbourhoods' residents suffer from chronic health conditions, which leaves them more sensitive to the effects of extreme heat. Other neighbourhoods in my riding struggle similarly with higher ground temperatures associated with the reduced green spaces in comparison with wealthier neighbourhoods.

While the impact of climate change has become more severe in recent years, indigenous communities in particular have had a long history of bearing the negative impacts of Canada’s environmental racism, a phenomenon that is well documented. In 2019, Baskut Tuncak, UN special rapporteur on human rights and hazardous wastes, wrote, “During my visit, I observed a pervasive trend of inaction of the Canadian government in the face of existing health threats from decades of historical and current environmental injustices and the cumulative impacts of toxic exposures by indigenous peoples”.

A 2020 report by the Human Rights Council entitled “Visit to Canada - Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes” states, “Pollution and exposure to toxic chemicals threaten the right to life and a life with dignity,” and it continues on to say, “The invisible violence inflicted by toxics is an insidious burden disproportionately borne by indigenous peoples in Canada.”

Examples of environmental racism against indigenous communities across Canada abound. It is evident in the high number of drinking water advisories still active in indigenous communities, in the prevalence of health conditions linked to environmental pollution in indigenous communities such as Grassy Narrows, and in the destruction of traditional knowledge and traditional ways of life through pollution, climate change and displacement.

In B.C., the Liberal government continues to push a pipeline that it bought in the middle of a climate emergency, despite the lack of free, prior and informed consent from indigenous communities and in direct violation of the UN Declaration on the Rights of Indigenous Peoples.

Members will recall the violence faced by Mi’kmaq fishers on the east coast as they tried to earn a living by carrying out their indigenous rights to fish, while the government looked on.

Reconciliation and implementing UNDRIP are not possible without tackling environmental racism and fully and meaningfully including indigenous communities in the shaping of Canada’s environmental policies. Canada is very late to act on environmental racism.

As we debate this bill to assess environmental racism, in the United States the office of environmental justice, mandated to protect and promote environmental and public health in minority, low-income, tribal and other vulnerable communities, has existed since the early 1990s.

There is no reason to delay the passing of the bill that is before us. A similar bill, Bill C-230, was introduced during the last Parliament and passed second reading. It was studied at the Standing Committee on Environment and Sustainable Development and amendments from multiple parties addressing various concerns were passed. Sadly, Bill C-230 died on the Order Paper when the Liberal government called an election that nobody wanted.

Given the state of play with the climate crisis, I call on the government to expedite the passing of this bill so we can start taking the urgent action required to achieve environmental justice for indigenous and racialized communities. Environmental justice is social justice.

I am also calling for the establishment of an office of environmental justice, not only to support the development of a sound strategy to tackle environmental racism, but also to ensure accountability with regular reports. We must also enshrine in law the rights of Canadians to a healthy environment.

Former MP Linda Duncan introduced the environmental bill of rights. We should make that into law. Recent analysis of temperature data in B.C. projected that in 30 years B.C. could experience three to four times more hospitalizations and deaths from high temperature days than there are now.

In Canada’s northern communities with first nations, Métis and Inuit populations, temperatures are rising as much as three times as the rest of the world. This is a matter that cannot wait. We must move forward on action tackling climate change and environmental racism now.

I want to thank the member for Saanich—Gulf Islands for tabling this bill and fighting this fight. This is not just for us in this generation. It is also for future generations. We owe it to them. It is incumbent on us to take action now, for if we do not, it will be too late.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

June 17th, 2022 / 1:35 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, my dad completed suicide when I was very young, but I was very fortunate to have several different father figures with several different families throughout Nunavut. I would love to wish them a happy Father's Day. I also wish a special one to my husband Allan. As a blended family, we were able to raise nine children together, so happy Father's Day to Allan.

I am privileged to stand here as we celebrate and acknowledge that this is National Indigenous History Month, especially since next week, on June 21, many people across Canada will be celebrating National Indigenous Peoples Day. Having said this, I want to call attention to education by insisting that all governments and educational institutions in Canada implement the TRC's calls to action 6 through 12 and 63 to 66, which focus on education.

I also want to thank the member for Saanich—Gulf Islands for introducing this bill. Its predecessor, Bill C-230, died on the Order Paper.

I will outline briefly how opportunities for environmental racism have been perpetuated by Canada and implemented in Canada’s constitutional and legal framework for dealing with lands in Canada.

The violation of the indigenous inherent right to lands is the strongest form of colonialism. This practice by Canada has negatively impacted indigenous peoples. This colonialism has happened for hundreds of years, from the time of first settlers to present-day Canada. This is evident with case law leading to the current landmark case on the land title of Haida Nation. We cannot deny that there is conflict between colonial Canada and many of the first nations that have had to go through the courts to have their rights and title recognized.

Before settlers arrived in what is now known as Canada, indigenous peoples thrived. They managed the environment and the wildlife, ensuring a pristine and balanced environment. Since the arrival of settlers that led up to the Constitution Act in 1867, indigenous peoples have been robbed of their lands. However, indigenous peoples can reclaim lands in one of four ways. Rather than explaining the Constitution Act, I will simply state that sections 91(24), 92 and 35 create the opportunities for environmental racism to be perpetuated.

There are many cases dealing with rights and title, including Calder, R. v. Sparrow, Delgamuukw, R. v. Marshall, the Tsilhqot'in case, Clyde River, Haida Nation and Carrier Sekani. These cases lead to opportunities for environmental racism to be perpetuated. While these important cases have advanced indigenous rights and title to lands, the courts have ensured that these rights are limited and incremental.

Another instrument is the United Nations Declaration on the Rights of Indigenous Peoples, which was adopted in the United Nations in 2007. Canada was one of four countries that voted against it. It was not until 2016 that Canada finally endorsed UNDRIP. It was finally in the last Parliament that legislation related to UNDRIP received royal assent here in Canada. I will specifically and quickly say that article 32 states:

1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories

I am going to give a quick example of the impacts of environmental racism.

When environmental racism seemed to reach its peak in Nunavut, in February 2021, a group of hunters from Arctic Bay and Pond Inlet marked a shift in how Inuit voice their concerns. While this group was hunting, it happened to be at the same time the Nunavut Impact Review Board was holding one of its technical hearings on the proposal by the Baffinland Iron Mines Corporation to expand its current mine.

During this time, Inuit who attended the hearings felt unheard. The questions they posed to Baffinland were not being answered, and the Nunavut Impact Review Board was continually limiting the number of questions the Inuit could ask throughout the proceedings. The hunters, having heard reports about the suppression of Inuit voices, took the drastic action of impeding access at two points of the mine. Baffinland, rather than working with Inuit, chose to close the mine and impose a court-ordered injunction.

Because of the courage of what is now known as the Nuluujaat Land Guardians and that of hunters and trappers organizations such as the Qikiqtani Inuit Association, which represents the regional interests of the Inuit, the Inuit changed their position. They went from being willing to support phase two to outright rejecting the phase two proposal in its form at the time. Inuit, indeed, have been willing to work with Baffinland to ensure Inuit employment and ensure proper environmental protection, adaptation and mitigation. They just were not heard to the extent they should have been.

On March 13 of this year, the Nunavut Impact Review Board, within its statutory mandate, recommended to the Minister of Northern Affairs that Baffinland's proposal to expand its current mine in phase two should not proceed. It said, “These potential significant adverse effects cannot be adequately prevented, mitigated, or adaptive managed under proposed mitigation, adaptive management and monitoring programs and/or revisions (to the project certificate).” The Minister of Northern Affairs has 90 days from March 13 to decide whether he will accept the Nunavut Impact Review Board's recommendation. While I very much appreciate the work of my forefathers, the fact that the Nunavut Land Claims Agreement ended up with a provision that allows the federal government to have the final say is more than environmental racism.

Since the Nunavut Impact Review Board's decision, Baffinland has requested an emergency decision by the Minister of Northern Affairs to expand the current project beyond its scope. Now Baffinland has issued notices that it will lay off its workers, choosing profits over labourers. While the price of iron ore has dipped, it is projected to continue to rise and remain stable.

There is another aspect to this. The fact that four ministers have been invited to hear directly from the most impacted community and have refused is more than environmental racism. The fact that the Minister of Northern Affairs will decide the fate of the lands, impacting directly the environment and the Inuit who have lived there since time immemorial, necessitates the passing of this bill.

While this bill will be another form of chipping away at the current system, it will still ensure that indigenous peoples are engaged in the development of a national strategy. That is why the NDP supports the passing of this bill. Finally, passing this legislation will ensure that Canada complies with article 32 of the United Nations Declaration on the Rights of Indigenous Peoples, which is such an important international instrument that Canada has an opportunity to show leadership on.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

June 17th, 2022 / 1:25 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, it is the last Friday of this session in the House. If I may, I would like to take a moment to acknowledge everyone who has supported our work throughout this past parliamentary session. This includes the interpreters, the pages, the Sergeant-at-Arms and his team, maintenance staff, cafeteria employees, IT support staff, law clerks, analysts, and so on. Not only do these people help us represent our constituents to the best of our ability, but they also make our job so much more enjoyable simply because they are so incredibly nice.

Madam Speaker, as everyone knows, Fridays can be a little colourful in the House compared to most other days. We are often treated to all kinds of surprises, including new faces in the chair you are now occupying. I want to congratulate everyone who has taken a surprise turn in the chair over the past few weeks. Everyone did a great job. Let me single out my colleague from Joliette, as well as the member who spoke right before me, my colleague from Kitchener Centre.

As I said, Fridays are full of surprises, and parliamentarians' schedules are sometimes turned upside down. I would therefore like to say a quick hello to Marie‑Andrée Cardinal's special education class at École Marguerite‑Bourgeoys. I was supposed to meet with them this morning, but unfortunately had to reschedule. I look forward to meeting them, and I know that it will happen another time. In the meantime, I wish them a great end of the school year and above all a good summer vacation.

I will come back to our current subject, Bill C‑226. This is not the first time that a bill on environmental justice has been tabled in the House. In the previous Parliament, the then member for Cumberland—Colchester, Lenore Zann, introduced Bill C‑230, whose objectives were fairly similar to those of the current Bill C‑226.

When the vote was held at second reading, the Bloc Québécois did not support the bill. Specifically, we raised questions about interference in Quebec's jurisdictions, because, as drafted, it contained provisions that directly attacked Quebec's environmental sovereignty. I will come back to this point later.

The bill did make it to second reading and the committee was able to correct these and other aspects, which made it possible for the Bloc Québécois to finally support it. What happened next is history. The bill died on the Order Paper when the government called an election in the summer.

Discussions about bills similar to Bill C-226 are not just a thing of the past. The other chamber is currently holding a similar debate on Bill S-5, the strengthening environmental protection for a healthier Canada act. We can see that people want something to be done about environmental human rights, and the Bloc Québécois thinks that is a good thing. Since Bill S-5 is broader in scope when it comes to addressing environmental injustices, one has to wonder whether, if it passes before Bill C-226, Bill C-226 will then become obsolete. We will see.

In short, Bill C-226 is no doubt inspired by a very noble desire to advance environmental justice. However, what starts out as a good intention unfortunately does not always lead to a good end result, or the implementation of a good policy, and we believe that Bill C‑226 has some shortcomings. I mainly want to focus on two of them today.

As has already been mentioned, Bill C‑226, like the first version of Bill C‑230, would create a Canada-wide strategy, which, in a federative context, might not be the right approach. Any action by the Canadian government must take into account that Quebec and the provinces have jurisdiction over environmental protections and health and social services. More specifically, it should recognize that the Government of Quebec has authority over these matters. We therefore believe that it would be inconsistent to claim to be fighting for environmental justice at the federal level without, at the time time, defending the environmental sovereignty of Quebec.

Parts of the federal infrastructure, such as wharves, ports, airports, telecommunications infrastructure, federal property and so on, are not subject to our environmental protection laws or municipal bylaws. Quebec's environmental protection and land-use planning laws must apply to all Quebec territory and must not be overridden by federal laws.

This reflects the unanimous will of the Quebec National Assembly, which, on April 13, 2022, voted in favour of the primacy of Quebec's jurisdiction in matters of the environment and opposed any intervention by the federal government in matters of the environment on Quebec territory.

I want to add that, in Quebec, the right to live in a healthful environment in which biodiversity is preserved has been enshrined in the Quebec Charter of Human Rights and Freedoms, a quasi-constitutional statute, since 2006. I mentioned Bill S‑5 earlier, and I want to point out that one of the objectives of this bill is to enshrine this type of right in Canadian legislation.

Because this happened last time, the Bloc wants to remind the House that respect for Quebec's environmental sovereignty cannot be sidestepped during the study of this bill.

The other concern I want to raise about Bill C‑226 is that it should focus on environmental justice rather than environmental racism. Not only are there issues with the definitions, but also the notion of environmental racism might not be universal enough. Many people may slip through the cracks, even though we should be tackling the environmental inequality they experience too.

My colleague from Repentigny did a great job of summarizing the situation when she spoke to the former Bill C‑230:

My thought is this. If we introduce new policies based on new rights, such as the right to a healthy environment, everyone should benefit from it. Furthermore, if the policy is well thought out and targeted, it will correct unequal situations. Those who suffer the greatest injustices will then receive help and support from the government, and even reparation for the harm done. That's my understanding. The rights and the criteria for receiving state protection and support are universal. If the principles are truly applied to everyone, without discrimination, then the policy will have the effect of reducing inequalities based on differences.

Leaving aside issue of interference for now, here is my question: If the only inequalities covered by Bill C‑226 are race-related, are we leaving out other people who also deserve protection?

The Commission des droits de la personne et des droits de la jeunesse du Québec also addressed the issue of the systematic correlation between certain social inequalities and the notion of race.

...the idea that socio-economic, cultural and political differences between groups of individuals can be based entirely or in part on biological and genetic disparities has been widely rejected by most researchers in the social sciences.

Here is a concrete example. If the population of eastern Montreal, which is diverse and has its historical roots in the working class, were affected by air pollution, which we know it is, would it be subject to or excluded from the strategy? Furthermore, we must question the criteria used.

Similarly, would the municipality of Rouyn-Noranda, which is grappling with serious problems of air quality and overexposure to arsenic, be covered by the bill? This matter does raise issues of environmental justice, because, like David against Goliath, citizens whose life expectancy has been cut by five years are fighting Glencore and its $4-billion profits. Would Rouyn-Noranda, on the sole basis of environmental racism, enjoy protection under the law?

In short, this seems to be a matter of universality. We know that a policy is good when its measures are reasonably flexible. Throughout history, the social policies that have best served the advancement of rights and social protections and reduced inequalities, in other words, the development of a welfare state, have been universal policies. The best way for the government to avoid discriminating based on differences is to blind itself to differences.

If our institutions implement new policies based on new rights, such as the right to a clean environment, everyone should have them. If the policy is well-thought-out, if the implementation measures manage to remedy inequitable situations, then those who suffer the most from injustice will receive help and support from the government, as well as reparation for any harm done. If the rights and the eligibility criteria for government protection and support are universal and if those principles are applied to everyone without discrimination, then the policy will also eliminate inequalities based on differences, all differences.

These are two things that we should think about in order to improve the bill. I will end there.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

June 17th, 2022 / 1:20 p.m.
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Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, it is an honour to rise this afternoon to speak to Bill C-226, an act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice, put forward by my colleague, the hon. member for Saanich—Gulf Islands.

It is far past time we addressed environmental racism and the disproportionate siting of polluting industries in Black communities, indigenous and racialized communities and those of the working poor. These are communities that typically lack an economic and political base to fight back. It is impossible to ignore the reality that governments have consistently put harmful industries and dumpsites dangerously close to some of the most marginalized communities across the country. This is a systemic issue that not only negatively impacts those residents' physical health and wellness through abnormal instances of cancers and other diseases, but also discourages others from moving into that area, deterring growth and new opportunities for those within it.

These decisions also impact the environment around those who live there, affecting drinking water and food sources for indigenous communities in particular. All of this has a negative impact on the mental health of these residents, compounded by gaslighting, with the onus routinely placed on those impacted most to prove the situation is leading to these adverse effects and that change is required. I would like to share a few examples.

Africville was a Black community in Nova Scotia established in the 1850s on the outskirts of Halifax. The community was pushed to the margins and did not receive the same services or infrastructure as others in the nearby city. Over the decades, undesirable developments were built in or near the community, including an infectious disease hospital, a dump and a prison. Africville's water and land were contaminated. Eventually the city relocated residents in 1964 without meaningful consultation or compensation.

Another is the toxic dumping in Kanesatake, Quebec, a community that is suffering ongoing health impacts because of the toxic waste from a recycling facility which has not been cleaned up despite repeated calls.

We can take the example of when a pipe at a pulp mill ruptures, spilling untreated effluent into a Pictou Landing First Nation wetland and it takes six years to solve the issue.

Closer to my community, in Ontario, there is the mercury-poisoning crisis in Grassy Narrows First Nation and neighbouring White Dog Independent Nation, one of Canada's worst environmental disasters that is still ongoing. A recent CBC investigation found that 90% of the population of Grassy Narrows experienced the symptoms of mercury poisoning, which include neurological problems, seizures and cognitive delays. Many homes do not have safe drinking water in an area with very limited health services and no on-reserve mental health care. The community has been fighting to have this contamination cleaned up for over 50 years without result.

These are just a few of the many examples of how Black, indigenous and racialized communities have been disproportionally impacted by neglect and the siting of environmentally harmful industries.

We can also see environmental racism and injustice showing up in other ways, like when racialized neighbourhoods do not have the same access to green spaces, public trails and playgrounds, or even street trees in their area.

Personally, I have learned so much on this topic from the incredible work of Dr. Ingrid Waldron and the ENRICH Project, a collaborative, community-based project investigating the cause and effect of toxic industries situated near Mi'kmaq and African Nova Scotian communities. It is a project that Dr. Waldron started and has led since 2012.

Dr. Waldron literally wrote the book on environmental racism. It is called There's Something in the Water, which was turned into a 2019 documentary of the same name, co-produced with Elliot Page and Julia Sanderson.

Dr. Waldron says it best, “In Canada, your postal code determines your health.” She went on to say, “Environmental racism is about a pattern and it is historical. It is rooted and embedded in historical inequities and it is about the lack of response by government to act on the citing of these industries and communities of colour and indigenous communities.”

Dr. Waldron went on to lay out two ways we can meaningfully address environmental racism. One is to develop legislation across the country and the other is to provide education on the subject in schools.

Collectively as parliamentarians in the House of Commons we can take action on the first. In Canada we need to be honest. We are way behind. As an example, in the United States, the office of environmental justice was formed as part of the Environmental Protection Agency in 1992. That is more than 28 years ago.

Dr. Waldron has been making incredible progress over the last number of years. Dr. Waldron worked with then MLA Lenore Zann on what was Bill 111, an environmental racism protection act in the Nova Scotia legislature in 2015. The bill was defeated at second reading.

When elected as an MP representing Cumberland--Colchester, then MP Lenore Zann in the previous Parliament brought forward Bill C-230, which forms the basis of this piece of legislation before the House today. While Bill C-230 had widespread support, it died on the Order Paper when the election was called.

It is part of why I am so glad that my colleague, the MP for Saanich—Gulf Islands, has now brought back Lenore's private member's bill, as Bill C-226. I am also glad that as it has been brought back, it includes all of the work that has already been done to this point. It has already been to committee, for example. It has had an amendment adopted. The only difference between the current bill and the one in the previous Parliament is that the amendments that had been proposed are now included in the specifics of the strategy that would be developed should the bill be passed.

The bill has all of the benefit of the cross-party support that the previous version of the bill already had. It is for this reason that I am hopeful that Bill C-226 will continue to have the widespread support across party lines, recognizing that there is nothing partisan about ensuring that we take immediate steps to address environmental racism and environmental justice in this country. It is my hope that parliamentarians from all parties will choose to fast-track this legislation, recognizing it has already been studied, so that we can send it to the Senate as quickly as possible and ideally have it passed into law.

In conclusion, we know that for decades environmental racism has been neglected by all levels of government and to some extent the environmental movement itself. We must take action now to ensure that no community suffers the same harms as Africville, Grassy Narrows and so many others have. It is far past time to develop a national strategy to redress the harm of environmental racism and lead us into a just climate future for all.

National Strategy Respecting Environmental Racism and Environmental Justice ActPrivate Members' Business

April 26th, 2022 / 6 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

moved that Bill C-226, An Act respecting the development of a national strategy to assess, prevent and address environmental racism and to advance environmental justice, be read the second time and referred to a committee.

Madam Speaker, I thank my colleagues who are here this evening because this is a very important private member's bill.

I am very honoured to stand here to present Bill C-226 in the first hour of second reading. I want to begin with a very heartfelt meegwetch and a recognition that we stand on the territory of the Algonquin nation. It is their land.

I want to take a moment to describe how we got to where we are today, because it is rare for a private member's bill entering its first hour of second reading to have already had any parliamentary history at all, and this has a lot of parliamentary history.

I will start by saying that this bill received wide support under a different mover in the last Parliament, as Bill C-230. It was moved by the magnificent former member of Parliament for Cumberland—Colchester, Lenore Zann. Lenore was elected as a Liberal member of Parliament here, but she is quite a non-partisan individual. She also served with distinction in the legislature of Nova Scotia as a New Democrat MLA and has carried with her a concern for environmental racism for a long time. She did me the great honour of making this a non-partisan bill, and I am very honoured to have the hon. chair of the environment committee as the seconder of this bill now. We wanted to make this a non-partisan effort from its very inception as Bill C-230.

Bill C-230, with the same title, was an act to address and assess environmental racism and move forward to environmental justice. It received support at second reading and actually got to committee. Amendments were made at the environment committee, and I adopted those amendments in Bill C-226 at first reading. What we have in front of us therefore represents work already done by Parliament.

It is my deep hope and desire that all of us here, regardless of party, will find it in our hearts sometime in the near future to give this bill unanimous consent so that it can skip through stages that were already done and be sent to the other place. It would then become law, and we can start working proactively to advance environmental justice. That is the hope with which I speak to members tonight.

I am grateful for the non-partisan support the bill already has, and members will hear that in the speeches that are coming up. We also know from a question that I put to the Prime Minister in question period that the government's position is to support this bill. We feel optimistic that it will become law, but we would rather it was sooner than later.

I will now turn to the history. This is not a recent issue, and we are late to act. However, before I start on that, I need to dedicate this bill to the memory of a friend of mine: Clotilda Coward Douglas Yakimchuk. She was a magnificent woman and a hero in the community. Her parents came from Barbados in the earlier part of the last century to work in the Sydney steel mill.

Clotilda was a proud Black woman. She was the first community activist with whom I ever worked on the issue of environmental racism. Clotilda Yakimchuk died just about a year ago on April 15, 2021. She died of COVID. She was the first Black person to receive a nursing degree at nursing school in Nova Scotia. She was the first Black woman to be the president of the Registered Nurses’ Association of Nova Scotia. She was aware of and fought against the pollution of the coke ovens of the Sydney steel mill and the steel mill itself, which led to high cancer rates in the community of Whitney Pier. When this bill becomes law, I hope people will remember that it is dedicated to the memory of Clotilda Yakimchuk.

One of the things I know from cleaning up the Sydney tar ponds with Clotilda is that we can recognize as a reality that toxic chemicals do not discriminate. They do not pay attention to the colour of our skin when they lodge in our body, when they pass through placenta to children, when they cause cancer and when they cause birth defects. They do not care about the colour of our skin. However, the public policy that puts indigenous peoples and communities of colour far more frequently at risk of being exposed to toxic chemicals does notice skin colour. It does notice whether we are marginalized or not. It does notice whether we have money or not.

Therefore, this is absolutely the case in this country, with all of the evidence that we have of racism that cannot be denied. I know this bill makes people uncomfortable. Is there racism in Canada? Yes, there is. We just had a report today about the racism that repulses people as new recruits out of our military. Every institution in our country experiences racism. Environmental racism is not something new.

Let me go through some of the history we have of that in this country. I am going to turn to books for a moment. The first book that really focused on this problem was in 1977, by one of Canada's great journalists, Warner Troyer. The book is No Safe Place, and it is the story of the contamination by the Dryden paper mill of the indigenous community at Grassy Narrows. We are still dealing with that mercury contamination.

Another book on the same topic of the mercury contamination of Grassy Narrows is A Poison Stronger than Love: The Destruction of an Ojibwa Community, by Anastasia Shkilnyk. She was one of my constituents and, also in her memory, I bring this bill forward today.

In 2000, actually, I co-authored with Maude Barlow, who was then the national chairperson of the Council of Canadians, the book Frederick Street: Life and death on Canada's Love Canal, dealing with the issue that I mentioned, and I referenced it. That is where Clotilda Yakimchuk and I first became friends. The contamination of the Sydney tar ponds led to the highest cancer rates in Canada. They were in industrial Cape Breton. The place that became the tar ponds was an estuary where the Mi’kmaq community had traditionally had summer fishing camps. The land was stolen, of course, and then became the worst pollution zone in Canada with the pollution from the coke ovens and the steel mill.

In between was a community called Whitney Pier, which was virtually entirely immigrant Canadians, including a lot of people from Ukraine. I mentioned Clotilda's last name was Yakimchuk. Her husband, Dan Yakimchuk, was a steelworker from Ukraine. Whitney Pier is a melting-pot community. It is a fantastic place, but the cancer rates are through the roof. The land was stolen from the Mi’kmaq. They got the contamination too. So did the only Black community in Cape Breton. As Clotilda described it to me, and I recorded it in the book, it was impossible to find housing anywhere but in that community, so the racism was enforced. We did not have Jim Crow laws in Nova Scotia in the 1970s, but we might as well have, because an experienced nurse who was Black, having moved back from Grenada with her children after her first husband passed away, could not get housing anywhere except in the most contaminated neighbourhoods. That is called environmental racism. That is what it is.

Therefore, we have a history here.

Looking at books, the most important, without a doubt, is the 2018 publication of Dr. Ingrid Waldron's book There’s Something In The Water: Environmental Racism in Indigenous & Black Communities. It has changed the conversation in Canada. That was fortified a year later, when Dr. Waldron co-produced the film, with the brilliant Nova Scotia actor Elliot Page. They introduced people to this concept. That is part of the history.

Let us look at where else people have done anything on environmental racism. I have been a bit shocked and perturbed, as has been my friend Lenore Zann, by some of the social media reaction to us tabling this legislation, as if we are kind of weird lefties and we made it up because we just want to make racism a thing. No, this is empirically established. We know this is true.

In 1994, the U.S. government took action because it was clear on the evidence that if people lived in a community of colour or an indigenous community, they were far more likely to be exposed to levels of toxic contamination that imperilled their health and the health of their children, their family, their neighbourhood, their community and also other people who were not of colour but who were marginalized. Therefore, it has to do with a bunch of different issues. If people have power and money and they live in Shaughnessy or in Westmount, nobody opens a toxic waste dump in their backyard. That is the reality. In Canada, as in the U.S., if people are marginalized, without economic power, if they are people of colour or indigenous, they might be much more likely to be exposed to toxic contamination. The U.S. recognized this and, since 1994, the U.S. government, through the U.S. Environmental Protection Agency, has had a program that is well resourced for environmental justice.

What does that justice look like? It looks like putting tools in the hands of marginalized people to fight for their own health, making sure there are resources for epidemiologists, making sure there are resources for toxicologists and making sure that governments spend the money to clean up the mess.

We are late in Canada. The U.S. took action. Again, I ask that members hear me: the U.S. took action 28 years ago. This is not a new issue. We are late, so we need to get this bill passed. We need to see environmental justice being championed in this country with a well-resourced program in environmental justice where we take our blinders off and say, yes, there is a thing called environmental racism. We are not going to water it down and ignore it, because it is still happening. It is happening today when they try to reopen the Pictou mill and reopen the contamination that has so affected the people of Pictou Landing.

By the way, I see the minister of immigration in the room, so I am just going to give a shout-out to him for being the first federal member of Parliament from that area, Central Nova, who was prepared to say that this mill should close because the jobs were not worth the damage that had been done to Boat Harbour, the indigenous community of Pictou Landing and the neighbourhoods in Pictou. For him just to say that was brave. They are still trying to open it again.

It is seen in Kanesatake, where there is still illegal dumping of toxic chemicals in and around that Mohawk community. That should not be allowed. It would not happen in other communities.

We are looking still at Grassy Narrows and Sarnia, at the first nation of Aamjiwnaang. I invite colleagues from any party to go to Sarnia and visit the enclaves surrounded by petrochemical plants, where the Aamjiwnaang First Nation Cemetery is. They are completely surrounded, and the industry just got a two-year extension to clean up the sulphur dioxide from that refinery. That affects settler-culture Canadians too, but in that community those toxic contaminants completely encircle Aamjiwnaang's centre.

Look at the Lubicon, and the oil sands that have contaminated the communities of Lubicon first nation now for long enough that we wrote about it in 2000, in Frederick Street: Life and Death on Canada's Love Canal.

We do not need to look far. We do not need to look back at deep history, but we do need to be honest about the fact that this is a pressing issue and requires action. I am sorry to say this: Liberal colleagues are supporting this bill, so I say it without malice, but it is a terrible shame that the election was called when it was because this bill, having gotten a lot of support, died on the Order Paper, so we are starting again.

I, and my friend Lenore Zann, who is here in Ottawa today as a former member of Parliament and the original sponsor of the bill, would really love to see the bill go to second reading for the second time. We would really love it. I am sure other members of every party in this place would appreciate that we do not need to take it to committee again and study it again. We cannot make the same amendments, because this bill includes the amendments the committee made last time.

Let us do something for environmental justice. Let us stand up and say there is a better way to deal with a right to a healthy environment that we actually do not have in this country. There is a way to make it real to have the right to a healthy environment for every citizen, regardless of the colour of their skin or their economic status. In the case of indigenous peoples, there is the double horror of having their land stolen and then filled with toxic chemicals. This is not something that any parliamentarian should feel comfortable allowing to continue, so I really beg this of all my colleagues, regardless of party.

I understand that this is an especially difficult issue because it is about racism and inequality, and it is a matter of words. I urge everyone to support this private member's bill.

I have, I think, 35 seconds left, so I just want to say again that this bill will be from all of us. This is not Green Party legislation. I mean, I am completely supported by my colleague for Kitchener Centre, but we do not want to own this. Collectively, all of our hands are on this baby. This bill will matter. It matters for environmental justice. It matters for our future. It matters for who we are.

The EnvironmentOral Questions

March 2nd, 2022 / 3:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, in the last Parliament, Lenore Zann, former member for Cumberland—Colchester, introduced a landmark bill, Bill C-230, to develop a federal strategy for environmental racism and a move toward environmental justice.

The environment committee, after widespread support in this place, studied the bill and made amendments. I recently had the honour to reintroduce it as Bill C-226 in order to work toward getting the bill passed.

I ask this: Will parliamentarians in the House work together to ensure passage of this important bill, and will the government support the bill once again?

Canadian Net-Zero Emissions Accountability ActGovernment Orders

June 22nd, 2021 / 11:25 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Madam Speaker, I want to thank the hon. member for supporting my Bill C-230 in the environment committee yesterday.

The member is correct in the fact that we need to work together. Canadians want to see us work together. What does the member say about telling parties when they are doing the right thing and supporting that, as opposed to playing political games, which seems to happen quite a bit in politics?

Environment and Sustainable DevelopmentCommittees of the HouseRoutine Proceedings

June 22nd, 2021 / 10:05 a.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I have the honour to present, in both official languages, the eighth report of the Standing Committee on Environment and Sustainable Development on Bill C-230, an act respecting the development of a national strategy to redress environmental racism.

The committee has studied the bill and has decided to report the bill back to the House with amendments.

June 21st, 2021 / 4:30 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Chair, I'd like to call for a recorded vote on the bill as amended.

(Bill C-230 as amended agreed to: yeas 7; nays 4)

June 21st, 2021 / 4:30 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

Shall Bill C-230 as amended carry?

June 21st, 2021 / 4:05 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

The meeting is called to order.

Obviously, we're going to have to play it by ear today, but we have with us the sponsor of the bill, Ms. Lenore Zann, MP for Cumberland—Colchester. As well, from the department, we have Laura Farquharson, Silke Neve and Pascal Roberge. We're here to do clause-by-clause on Bill C-230.

I don't think I need to read out the rules of how we conduct ourselves in a committee, especially in a virtual format. I think everyone is familiar with that.

It seems like just yesterday we were doing clause-by-clause. We will start with the fact that we're doing this pursuant to Standing Order 75(1). Pursuant to Standing Order 75(1), consideration of clause 1, the short title, and the preamble is postponed. For obvious reasons, we've gone through this before on Bill C-12.

I call clause 2. I would like to see if we can adopt clause 2.

June 16th, 2021 / 5:05 p.m.
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Manager, National Policy, David Suzuki Foundation

Lisa Gue

Mr. Bachrach, thanks for your long history of advocacy on environmental rights at the municipal level, as well as in Parliament.

We too are encouraged that the government has introduced Bill C-28, and at the same time, we are discouraged that it has yet to be debated. I hope to have the opportunity in the not-too-distant future to return to your committee to discuss those important measures related to environmental rights and other really critical updates to CEPA that are an important complement to Bill C-230.

In terms of your specific question about how the two relate, as Elaine already said, they are complementary. I would note that, of course, Bill C-28 is primarily amending the Canadian Environmental Protection Act and the provisions related to environmental rights and environmental justice that are specific to the authorities of CEPA, whereas Bill C-230 takes a broader view of federal actions.

There are other legislative authorities relating, for example, to the management of nuclear power, nuclear waste, federal environmental assessment and pesticide regulation, just to name a few that could have implications. I think it's a strength of Bill C-230 and, again, an important complement to what's being proposed in Bill C-28, that the proposed national strategy would take a holistic, whole-of-government view to redressing environmental racism.

June 16th, 2021 / 5:05 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Ms. Gue, as you know, the NDP has long fought for environmental rights to be recognized in legislation, and we're very pleased to see a reference to the right to a healthy environment embedded in Bill C-28. Unfortunately, that bill has been stalled. It hasn't been debated in the House yet and we're disappointed that it hasn't moved along any further.

How does this bill that we're talking about today, Bill C-230, relate to the concept of environmental rights?

June 16th, 2021 / 4:55 p.m.
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Member of the National Assembly of Québec for Jonquière, As an Individual

Sylvain Gaudreault

Yes, absolutely. That actually explains why paragraph (d) of subclause 3(3) of Bill C‑230 is completely unacceptable.

I would point out that, leading up to the 2019 election, Premier François Legault sent the leader of each federal party a letter, on September 17, calling on the federal government to give Quebec full jurisdiction over the environment. Obviously, the Fathers of Confederation could not foresee in 1867 the climate crisis facing us now and into the future.

Natural resources and economic development fall within the domain of the provinces. Accordingly, we believe Quebec and the provinces should have exclusive jurisdiction over environmental matters, especially considering that, in many respects, Quebec's Environment Quality Act provides better protection for the environment and goes further than the federal legislation.

Unfortunately, Quebec's act does not cover infrastructure under federal jurisdiction, such as ports and gas or interprovincial pipelines. That infrastructure nevertheless has very significant impacts on indigenous communities in Quebec, on communities that are already devalued or struggling, and on communities that are home to low-income families. Quebec's jurisdiction and Environment Quality Act—which goes further than the federal legislation and controls, for instance, noise and air pollutants—should have primacy.

June 16th, 2021 / 4:50 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Thank you, Mr. Chair.

Thank you to all the witnesses for being here today.

My question is for Mr. Gaudreault, who is well known for his involvement in environmental issues.

Mr. Gaudreault, you said in your opening statement that health care, education and natural resources, which are under the jurisdiction of Quebec and the provinces, are crucial in fostering greater social equality.

In fact, Quebec has recognized the right to live in a healthful environment in which biodiversity is preserved since 2006, in its Charter of Human Rights and Freedoms. Being a quasi-constitutional right, it protects every Quebecker. Why, then, include in the legislation provisions that have the same purpose but carry less legal force?

Do you not get the sense that, because of the exception in Quebec's case, the provisions in Bill C‑230 are of less value to Quebec than they are to the rest of Canada?

June 16th, 2021 / 4:35 p.m.
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Dr. Elaine MacDonald Program Director, Healthy Communities, Ecojustice Canada

Thank you, Chair, and thank you for the invitation to appear today to speak to this critically important bill to develop a national strategy to address environmental racism. As Lisa already said, the horrific occurrences of the last few weeks have made it even more apparent how desperately we as a society need to address all forms of systemic racism within our country.

I'm joining you from the traditional territories of several first nations, including the Huron-Wendat, the Anishinabe, the Haudenosaunee, the Chippewas and the Mississaugas of the Credit First Nation.

Ecojustice is Canada's largest environmental law charity. We work with and on behalf of individuals, communities and first nations, and other non-governmental organizations to advocate for stronger environmental laws in Canada. Ecojustice is committed to the Truth and Reconciliation Commission's calls to action towards reconciliation with all indigenous communities, and we are embedding a focus on justice, equity, diversity and inclusion in all aspects of our organization.

I will start by building on Mrs. Gue's remarks about the U.S. executive order on environmental justice. Following the executive order, the U.S. EPA developed an environmental justice screening and mapping tool, or EJSCREEN. Similar to the analysis mandated in Bill C-230, EJSCREEN exposes the substantive inequalities of environmental hazards and risk impacting racialized communities across the United States. EJSCREEN combines demographics with environmental data to calculate environmental justice indices at the census block level. Data such as concentrations of air pollutants, proximity to hazardous waste sites, proximity to waste-water pollution discharges, cancer risk from exposure to hazardous air pollutants and more are mapped and available to anyone with an Internet connection.

Communities, industries and regulators all use EJSCREEN for various purposes. For example, regulators use it to assess environmental and human health impacts at the community level; and communities access the analysis to redress environmental racism, to push back against environmental racism.

To demonstrate this point, I've pulled some information from EJSCREEN on an area near New Orleans that is infamously known as “Cancer Alley”, near a cluster of refineries and chemical plants. EJSCREEN shows that this community is almost entirely low-income people of colour. They are at the 99th percentile, among the highest in the U.S., for cancer risk from inhalation of air toxins, and similarly high for proximity of waste-water pollution discharges. That is just some of the information compiled and analyzed on the risk and hazards from pollution and toxic substances. Other hazards, such as coastal flooding from climate change, are also available through EJSCREEN.

Finding similar information on impacted communities in Canada is nearly impossible. For example, in the area known as “Chemical Valley” near Sarnia, Ontario, a cluster of refineries and petrochemical plants surround the Aamjiwnaang First Nation Reserve. While visiting homes within the Aamjiwnaang First Nation, I have seen how close industry is. I have smelled, tasted and felt the pollution in my throat and in my eyes. I recognized my privilege when I returned to my home in Toronto.

The only federal environmental database on pollution in Canada is the very limited national pollutant release inventory, or NPRI. As the title indicates, all the NPRI provides is information on pollution releases from industrial sources and other facilities. There is no demographic information and no assessment of impacts on communities. Therefore, in its present form, it is not a tool that can be used to assess and work towards substantive equality.

The data analysis mandated by Bill C-230, particularly in paragraphs 3(3)(a) and 3(3)(b), could start to fill this urgent need in Canada. That is why Ecojustice fully supports the bill and recommends that it be passed by all parties and that the data analysis be publicly available so that everyone, including other governments, may use it to inform decisions that impact racialized and indigenous peoples.

However, if there is an interest in strengthening the bill, Ecojustice has some recommendations for additional provisions. We recommend an amendment to set out an obligation for the Government of Canada to take all necessary measures to ensure that environmental assessments and risk assessments under federal laws identify potential impacts on indigenous and racialized peoples and ensure that approvals, permits, licences and other federal decisions do not perpetuate, intensify or exacerbate environmental racism. In addition, we recommend that the bill include a low-risk, low-barrier legal mechanism for individuals and communities to enforce an alleged failure of that obligation.

The last point I want to make is that I'm very familiar with Bill C-28 to amend CEPA, and I can reassure the committee members that Bill C-230 is entirely complementary to Bill C-28. Bill C-28 lays out the foundations for recognizing the right to a healthy environment in the administration of CEPA and requires consideration of vulnerable populations, but it does not mandate the collection and analysis of data on environmental racism as prescribed by Bill C-230, nor does Bill C-28 contain a specific focus on environmental racism. Both bills are needed and are long overdue.

I wish to thank the committee for its time. I'm happy to try to answer any questions you may have.

June 16th, 2021 / 4:25 p.m.
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Lisa Gue Manager, National Policy, David Suzuki Foundation

Thank you, Mr. Chair, and thank you for the invitation to join you today.

I am joining you from Ottawa on the unceded territory of the Algonquin Anishinabe people. I want to begin by acknowledging horrific events in recent weeks that have put a spotlight on racism in Canada, past and present: the discovery of the unmarked burial sites of 215 children on the grounds of the Kamloops Indian Residential School, and the murder of a Muslim family in London, Ontario, targeted because of their faith.

Bill C-230 is a starting point to address the environmental dimension of systemic racism in Canada. This is both timely and long overdue. We appreciate the committee's resuming its consideration of Bill C-230 this week, and urge you to favourably report the bill before the summer recess.

I'm grateful for the insights Dr. Jones just shared, but I would also refer you back to Dr. Ingrid Waldron's presentation to the committee on April 14. Dr. Waldron's research into environmental racism in Canada and the conceptual framework she presented to you informs the David Suzuki Foundation's perspectives on Bill C-230.

Mr. Chair, you noted that “environmental racism” is new to many people, and this may, in fact, be the first time this committee has considered legislation on environmental racism, although I can't be sure. However, it's worth noting that many of the measures prescribed by Bill C-230 mirror legal requirements in the U.S. that have been in place for a quarter century.

I will give a brief overview of the U.S. requirements, because it highlights the gap in Canadian environmental law and governance, a gap that Bill C-230 would start to fill.

The U.S. executive order on federal actions to address environmental justice in minority populations and low-income populations dates back to 1994. It was issued by President Clinton, and has been upheld, to varying degrees, by successive Republican and Democratic administrations. The order directs every federal agency to “make achieving environmental justice part of its mission”, and develop and report on environmental justice strategies.

These strategies must identify and address any disproportionate adverse health or environmental effects of government programs, policies and activities on minority populations and low-income populations. The order also mandates collection of information on health and environmental risks based on race, origin and income.

Broadly speaking, Bill C-230 would establish parallel requirements in Canada for the first time with respect to the key provisions in this bill, namely, the development of a national strategy on environmental racism, and mandatory requirements for that strategy to include an examination of the link between race, socio-economic status and environmental risk; collection of information relating to the location of environmental hazards; possible amendments to federal laws, policies and programs; and the involvement of community groups in environmental policy-making.

The U.S. executive order goes further, though, establishing a high-level inter-agency working group on environmental justice, comprising the heads of 11 federal agencies, as well as the White House, to support a whole-of-government approach. The Canadian equivalent might be a permanent cabinet committee or inter-ministerial working group.

Within the U.S. EPA, the equivalent to Environment and Climate Change Canada, the Office of Environmental Justice provides functional capacity to deliver the agency's environmental justice strategy.

The Office of Environmental Justice also offers technical and financial assistance to communities, as well as environmental justice-related policy guidance, tools and training for EPA officials. The office supports data collection and an integrated research agenda. It's a focal point for collaboration with researchers, community organizations, and state and local governments.

Recently President Biden put environmental justice at the centre of his environmental agenda. In March, the White House appointed a new National Environmental Justice Advisory Council to provide advice on updating the 1994 executive order to address current and historic environmental injustices.

Bill C-230 offers an opportunity for alignment with the U.S. at a time of renewed commitment to bilateral environmental action. The David Suzuki Foundation urges all parties to support Bill C-230, and to work to buttress it with supporting governance structures and investments.

In this regard, I would draw to the committee's attention the brief submitted by the Green Budget Coalition, of which the David Suzuki Foundation is a member, recommending investments to establish a Canadian office of environmental justice and equity, with funding to develop a strategy on environmental racism as an early deliverable.

In closing, the David Suzuki Foundation has long advocated for legal recognition of the right to a healthy environment and the integration of human rights and equity considerations in environmental decision-making. Bill C-230 is an important step in this direction.

June 16th, 2021 / 4:25 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

In fact, the work you've done.... You're right. The term is new to many people. It has begun to get some attention because of your work, and it has inspired Bill C-230.

Unfortunately, Dr. Jones, we're over our time for this particular portion of the meeting, but I'm sure you will have many questions and opportunities to add to your comments.

June 16th, 2021 / 4:20 p.m.
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Community Activist and Archivist, As an Individual

Dr. Lynn Jones

Thank you so much. I was saying that I'm now retired—or they say I'm retired, but I'm not really, because my activism continues.

Speaking today on this bill, I guess I have a bit of sadness. My sadness lies in the fact that, as activists, we've been trying for so long to bring the issues of our communities to the forefront. Here we are again, but this is exciting. I'm happy now that we've made it to the national level. I'm hoping for success.

I was looking at this bill and at the word “redress”. We have a saying in our community, “If it ain't broke, don't fix it”, but using “redress” means there's something broken and we've come to you to help us fix it.

I come from the African-Nova Scotian community. It's long term in Nova Scotia and we are the original African people of Canada. Right now, I'm sitting in my family homestead. I don't know if many of you know Truro, Nova Scotia. I thought the best way to talk about environmental racism would be to look out my window and try to tell you the story of this little community in which I sit.

I know some of you have a hard time getting your heads around why we need this special environmental racism bill for these communities. It's because of the word “disproportionate”, which is in Bill C-230. It doesn't mean to say that environmental degradation doesn't happen in all different communities, but it is happening disproportionately in our community.

This little community of Truro has three traditional Black communities and they're nicknamed “the Island”, “the Marsh” and “the Hill”. The Island had a dump that began many, many years ago, even before my time. The Black community had to deal with all the atrocities that went along with that. The white community started to move in closer to our traditional communities, and they said, “This dump has to go. We're not having it in our backyard.” Imagine where they decided to move the dump. They moved it to another Black area of the town, the Hill. There was never a cleanup of the original dump site. There was never any encasement. Today, our children's playground sits on that dump. It's never been dealt with.

My community on the Marsh was a traditional Black community, which is now gentrified. There are only three Black families left in this community, where we were forced to live because of the racism of the day. Part of that has to do with the effect of the flooding that took place in this community. With the flooding and the lack of adequate housing and resources, the Black community has all but disappeared. Like I said, there are only three families left, because new people coming into the community— who were not from our community—had access to all the resources that go along with building and flood-proofing and not having to deal with all the degradation that the Black community has.

This bill asks only that you collaborate and develop a strategy to deal with this disproportionate impact, which is still affecting our Black and indigenous communities today. We're asking for redress. I'm also a former trade union activist. I am proud to say that I can remember, many years ago, on the Canadian Labour Congress, introducing environmental racism to what was called the “national anti-racism task force report”.

The Canadian Labour Congress, also had trouble getting its head around it. What is this thing, environmental racism, and why should you have special or distinct clauses that go along with it?

June 16th, 2021 / 4:15 p.m.
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Sylvain Gaudreault Member of the National Assembly of Québec for Jonquière, As an Individual

Good afternoon. I am delighted to be appearing before a parliamentary committee in another legislature, the Parliament of Canada. This is a first for me. I want to send my regards to my counterparts in the House of Commons. I recognize a few faces, mainly people I've met on parliamentary missions.

I'll start by telling you a bit about myself. I have been the member for Jonquière since 2007. Under the Parti Québécois government, I was the Minister of Transport and the Minister of Municipal Affairs, Regions and Land Occupancy. I am currently the third opposition group critic both for the environment and the fight against climate change, and for energy. As you can appreciate, I was very interested in Bill C‑230, the legislation brought forward by Ms. Zann. Why? Because I am realizing that, in Quebec, as well as in the rest of Canada, environmental discrimination based on social inequality is prevalent. In some cases, those environmental issues even reinforce social inequalities.

Here are a few examples. In Rouyn‑Noranda, the Horne smelter produces copper and emits a staggering amount of arsenic into the adjacent neighbourhood, Notre‑Dame, which is home to people with lower incomes. Historically, it's a poorer neighbourhood, a working-class community.

Another example is the east end of Montreal, where many parcels of land are contaminated. Similarly, it is a poorer part of the city than, say, the west end.

The situation is the same next door in the historic Hochelaga-Maisonneuve neighbourhood, where air quality is poor because of the Port of Montreal.

In central Quebec, asbestos mines have led to significant health issues for minors.

It is unacceptable that, to this day, many remote indigenous communities all over Canada do not have access to clean drinking water.

Those examples illustrate how environmental issues tied to social inequality affect communities everywhere. I recognize the disparity in the environmental impacts affecting poor versus wealthy populations. That is why we need to act to remove social inequalities or inequities. We must never stop fighting socially motivated environmental inequalities.

However, Bill C‑230 does not fix the problem, as far as I'm concerned.

First, clause 2 does not contain a definition of “environmental racism”.

Second, social inequalities involve a wide range of areas, from education and health care to economic development and natural resource development. Historically and under the Constitution, all of those areas fall exclusively within provincial jurisdiction. To overcome social inequalities, action must be taken in education, health care, economic development and, of course, natural resource development.

The main problem lies in paragraph 3(3)(d), which reads as follows: “assess the administration and enforcement of environmental laws in each province”. That could be a very far-reaching undertaking, something that is unacceptable to Quebec. Even the premier, François Legault, has previously asked the federal government for full jurisdiction over the environment. Quebec alone should determine which environmental projects are carried out within its borders. Paragraph (d) of subclause 3(3) could leave the door wide open to infringement of Quebec's environmental jurisdiction.

Twice, in both the former and current legislatures of the National Assembly of Québec, I brought forward Bill 391, An Act to amend the Environment Quality Act in order to assert the primacy of Québec's jurisdiction in this area. Introduced on May 30, 2019, the bill is entirely in keeping with Bill C‑225, the legislation introduced by the other member for Jonquière, the one who sits in your Parliament.

In conclusion, I believe Bill C‑230 should be defeated, ideally, or substantially amended. I urge you to take into account the fact that the provinces have jurisdiction over the environment.

June 16th, 2021 / 4:15 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

Welcome everyone.

We will not be proceeding to clause‑by‑clause consideration today. We are here to listen to and learn from expert witnesses on Bill C‑230, a private member's bill sponsored by Ms. Zann.

We have with us Sylvain Gaudreault, the member of the National Assembly of Québec for Jonquière, and Lynn Jones, who has compiled extensive information on the subject. Both are appearing as individuals. We also have Lisa Gue, manager of national policy at the David Suzuki Foundation, and Elaine MacDonald, program director of healthy communities at Ecojustice Canada.

I know some of you have appeared before the committee in the past. The rules are pretty straightforward. Please keep your microphone on mute when you are not speaking. I would also ask you to address comments to committee members through the chair.

You will each have five minutes for your opening statement. After that, we expect to have time for two and a half rounds of questions. We have set aside the last half-hour to meet in camera, to finalize a draft report on the enforcement of the Canadian Environmental Protection Act.

It is now 4:15 p.m. The meeting will last two hours and end at 6:15 p.m.

Mr. Gaudreault, You may go ahead. You have five minutes.

April 14th, 2021 / 6:40 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

This has been a very interesting discussion. Thank you to the panellists and to the members for their very good questions which brought out some insights.

Thank you to our witnesses. The witnesses are free to disconnect from Zoom.

I have a couple of items of future business that I want to mention.

There's no meeting on Monday because of the budget. Our next two meetings will be to continue the plastics study. Those are April 21 and 26. We are looking for witness suggestions for Bill C-230 by the 26th of April.

I have been advised that the minister is available on May 12 to speak to the main estimates. If there is no objection, I will invite him to come on May 12.

April 14th, 2021 / 6:40 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Thank you very much. I really appreciate that.

Bill C-230 obviously deals with collecting data from across the nation. My question for the departments would be, when it comes to racialized communities and their closeness to various different pollutants, I don't think this has been information that has been focused upon in the past. Has it? Could anybody answer that, please?

April 14th, 2021 / 6:30 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Yes. In essence, it's similar to the question of my colleague Mr. Bittle, who asked whether Bill C-28 could address concerns about Bill C-230. If Bill C-28 is well thought out, it should in principle address discrimination.

April 14th, 2021 / 6:25 p.m.
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Liberal

Chris Bittle Liberal St. Catharines, ON

Thank you so much.

I know officials from ECCC briefly discussed it, but yesterday the government introduced legislation to strengthen the Canadian Environmental Protection Act, delivering on an important commitment. I was wondering if you could help the committee understand, or perhaps explain—I know you got cut off at the end—the linkages between Bill C-230 and Bill C-28, and how Bill C-28 could help address issues identified in Bill C-230.

April 14th, 2021 / 6:25 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Thank you very much. That was unexpected.

I think we have to be careful here. If you take a look around, everybody on screen, including me, is white, and Dr. Waldron is saying there are unconscious biases, and that's why this bill, Bill C-230, is so important. It puts the focus back on the fact that racialized people have been treated differently in the past and we need to make sure that stops.

Also, I think we have to be careful not to say things like, instead of “Black lives matter”, “All lives matter”. This is a specific bill about race and about the fact that some people have been treated as less important than others. That's why we need to change the way things are done. I would like to make that point. I don't think the bureaucrats can answer that, but that's my two cents' worth.

Thanks.

April 14th, 2021 / 6:15 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

Bill C-230 is indeed a tool to enforce charter rights.

April 14th, 2021 / 6:10 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Thank you.

I'd like to thank everyone here to help us move forward.

My question is for Ms. Farquharson.

There's an “Interpretation” section in Bill C-230.

However, it doesn't provide a definition of the concept of environmental racism. It seems to us that the introduction of a new concept in the act, especially if it stems from a particular theory, deserves a definition. In society and in academia, concepts evolve, but those that are in legislation should always be understandable, known and recognized.

What are the challenges or implications for you of implementing policies resulting from legislative provisions that present concepts that aren't clearly defined?

April 14th, 2021 / 6 p.m.
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Liberal

Raj Saini Liberal Kitchener Centre, ON

Bill C-230 establishes a vulnerable populations panel to help better understand and address the effects of toxic chemicals. [Technical difficulty—Editor]

April 14th, 2021 / 6 p.m.
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Liberal

Raj Saini Liberal Kitchener Centre, ON

Thank you very much, Mr. Chair.

I also want to thank the witnesses for attending today and enlightening us on these very important topic under challenging circumstances.

Mr. Morin, I would like to start with you.

Bill C-230 establishes a vulnerable populations panel to help better understand and address the effects of toxic chemicals on vulnerable populations. Will that panel help to address some of the concerns raised in this bill, and do you [Technical difficulty—Editor] that is a step towards ending environmental racism in Canada?

April 14th, 2021 / 5:47 p.m.
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Laura Farquharson Director General, Legislative and Regulatory Affairs, Department of the Environment

Good afternoon. I am Laura Farquharson. I am director general of the legislative and regulatory affairs directorate of the environmental protection branch at Environment and Climate Change Canada.

I'm accompanied by my colleagues from ECCC: Pascal Roberge, director of the program integration division for the national pollutant release inventory at the science and technology branch; and Silke Neve, director of the information and indicators division of the strategic policy branch. As well, David Morin is here from Health Canada. He is the director general of the safe environments directorate at the healthy environments and consumer safety branch.

We are pleased to appear today to participate in your study of Bill C-230.

As you know, this bill requires the Minister of Environment and Climate Change to develop a national strategy to redress the harm caused by environmental racism, in consultation with provincial, territorial and municipal governments and indigenous and other affected communities, persons and bodies.

This bill comes at a time when, as public servants, we are seized with issues around diversity, equity and inclusion and with combatting systemic racism, and when Canadian citizens are becoming increasingly seized as well.

In my remarks, I'll focus on some of the proposed or existing legislative or policy frameworks that, to some extent, address the subject matter of this bill. Then I will turn to David, who will speak about Health Canada's role in protecting the health of Canadians from environmental risks.

You discussed the definition of environmental racism.

While there is no commonly accepted definition of environmental racism, it generally refers to racial discrimination in environmental polices, practices and actions, and includes the way in which minority groups may bear a disproportionate burden of adverse health and environmental impacts from environmental pollution. Think, for instance, of landfills or polluted air.

Existing federal legislation and recent amendments ensure the government seeks to protect the environment and health of all Canadians, including vulnerable populations.

Yesterday, as you know, the government tabled Bill C-28, which aims to strengthen the Canadian Environmental Protection Act, 1999, with a particular focus on recognizing a right to a healthy environment as provided under that act.

If passed, the Minister of Environment and Climate Change and the Minister of Health will be required to develop an implementation framework to set out how a healthy environment will be considered in the administration of the act. Among other things, the implementation framework will elaborate on principles such as environmental justice and non-regression. Interested persons, such as stakeholders and partners, will have an opportunity to participate in the development of the implementation framework.

In addition, the ministers are required to conduct research, studies or monitoring activities to support the government in the protection of a right to a healthy environment. This requirement could, for instance, assist in addressing environmental justice issues. For example, it could include the collection and analysis of data to identify and monitor populations and communities that are particularly vulnerable to environmental and health risks.

Additional amendments proposed in the bill tabled yesterday would recognize in the preamble the importance of considering vulnerable populations and cumulative effects. They would codify a number of new elements, including defining “vulnerable population”; requiring the Minister of Health to conduct biomonitoring surveys, which may include vulnerable populations; ensuring that vulnerable populations and cumulative effects are taken into account when developing and implementing the new plan of chemicals management priorities; and requiring that the ministers consider available information on vulnerable populations and cumulative effects when conducting and interpreting risk assessments.

To turn to another area of work, ECCC has been working closely with Indigenous Services Canada—

April 14th, 2021 / 5:20 p.m.
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Liberal

Ya'ara Saks Liberal York Centre, ON

Would Bill C-230 provide us a way to begin to address systemic racism in terms of the environment?

April 14th, 2021 / 5:15 p.m.
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Liberal

Ya'ara Saks Liberal York Centre, ON

Okay. I don't want to interrupt you, but I'd like to continue with the questioning.

We are talking about the agency and communities to be able to change our perspectives. The benefit of this bill and the assessment process that is proposed would allow us to look at some of those things.

Do you see Bill C-230 as providing a benefit in addressing systemic racism through this series of assessments on the provincial level and also on the federal level? Our federal government, as part of its throne speech, made a commitment to look at systemic racism. This is an integral part of that, as I said.

I would like to hear from you and also Ms. Zann, depending on my time left. The chair will let me know.

April 14th, 2021 / 5:15 p.m.
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Liberal

Ya'ara Saks Liberal York Centre, ON

Thank you, Mr. Chair.

I would like to thank my colleague Ms. Zann for this important bill, which has been brought forward to committee.

Dr. Waldron, I've been reading up on your work. I am pleased to see you here today.

I'd like to pick up on some of the questioning of my colleague Mr. Bachrach to allow Ms. Waldron to unpack it perhaps a bit more. I think this is an important point as to why we're here today discussing Bill C-230.

Could you speak to the manifestations of systemic racism as it affects environmental policy, since we are going to go through a process of unpacking policy?

We have dark episodes in our very own Canadian history that are more easily identifiable, such as the residential school system. Environmental racism truly may be a less direct or less visible issue, and Canadians may not really understand why the matter is so important and why my colleague Ms. Zann felt it was important to bring it to the House and to committee.

How might systemic racism become manifest in our environmental policies?

April 14th, 2021 / 5 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Thank you.

You'll understand that because of the Quebec exception, Bill C-230 and Bill C-28 are of less interest to Quebec than to the rest of Canada.

I'll ask you another question. One of the fundamental principles guiding the action of my political party is the defence of Quebec's environmental sovereignty. This isn't just the position of the Bloc Québécois, but also the position taken by the governments of Quebec throughout history.

Bascially, it's Quebec laws that protect the environment in Quebec. We think these laws take precedence over Canadian laws because our territory belongs to us and because the federal government doesn't have to encroach upon Quebec's environmental responsibilities. I'm thinking of the drinking water in particular.

Bill C-230 directly challenges the enforcement of environmental laws in the provinces and even purports to assess their enforcement and monitoring. Did you think about this crucial aspect when drafting this bill? Are you sensitive to the constitutional reality of Canada and the official position of the state of Quebec?

If so, how do you reconcile this understanding of the division of powers in Canada with the provisions in your bill?

April 14th, 2021 / 4:50 p.m.
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Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Thank you.

During debate on Bill C-230 in the House, the government signalled its support for your bill. The government also highlighted areas where it would seek amendments to address some concerns it had with the bill. These included incorporating principles of environmental justice, which environmental racism is an aspect of; addressing issues that would be more appropriately taken on by the provinces or impact provincial jurisdiction; and providing certain flexibility in the development of a national strategy to avoid prejudging the outcome of the work that would be undertaken. Are you open to amendments to your bill in these areas?

April 14th, 2021 / 4:50 p.m.
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Liberal

Yvan Baker Liberal Etobicoke Centre, ON

Thanks very much, Chair.

Ms. Zann, congratulations on your bill.

Dr. Waldron, thank you for being here. I'm going to ask you about your bill during my time in questioning.

Ms. Zann, I have a few questions I want to ask you. I'm going to ask you to help me budget the time. We'll see how it goes.

Could you articulate for us to begin with how, if enacted, Bill C-230 would help reduce or eliminate environmental racism in Canada?

April 14th, 2021 / 4:40 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

We're not talking about CEPA. We're talking about Bill C-230. Let's stick to that.

April 14th, 2021 / 4:35 p.m.
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Dr. Ingrid Waldron Associate Professor, School of Nursing, Faculty of Health, Dalhousie University, As an Individual

Dear members of the environment and sustainability committee, I would like to thank you for inviting me to speak to Bill C-230, and environmental racism more broadly.

I would like to begin by addressing arguments—persistent arguments over the years—that since race is not a biological fact, systemic racism could not possibly exist in Canada. Indeed, it is the case that race is neither genetically programmed nor a biological fact. For example, there are no genetic characteristics possessed by all Black people but not by non-Black people. There is no gene or cluster of genes common to all white people but not to non-white people. Different races are not marked by important differences in gene frequencies.

However, while race is not a biological fact, it is a fact that race has been and continues to be used to categorize and divide people based on physical traits such as skin colour, hair texture, facial features, etc., and to include and exclude based on these physical traits. Society is racialized and race is part of that social reality. Race developed over the years as a principle of social organization and identity formation. Humans create divisions and produce racial categories. Race has social currency and is used as a basis to deny certain groups access to various resources, services and opportunities.

Systemic racism is indeed a reality in Canada and around the world. Systemic racism refers to the laws, rules and norms woven into our social systems that result in the unequal distribution of resources, such as the denial of access, participation and equity to racialized people for services such as education, employment and housing. Racism—systemic racism—manifests in the policies, practices and procedures within our systems that may directly or indirectly promote, sustain or entrench differential advantage or privilege for people of certain races.

In other words, race is a material reality—I should know, I am Black—that has consequences for people on the ground. The material reality and consequences of racism for indigenous, Black and other racialized groups in Canada include higher rates of unemployment, higher rates of income insecurity, higher rates of poverty, segregation in poor neighbourhoods, poorer health outcomes and disproportionate exposure to environmental hazards due to the placement of dangerous projects by government. Environmental racism, then, is a form of systemic racism because it manifests in environmental policy-making and decision-making in ways that disproportionately burden certain communities through the placement or siting of environmentally dangerous projects in their communities.

Why is Bill C-230 important? It is urgent that we address over 70 years of environmental racism that has disproportionately impacted those communities—communities whose social and economic well-being and health have already been compromised by long-standing structural determinants of health, such as unemployment and underemployment, over-policing and over-incarceration, income insecurity and poverty, food insecurity and housing insecurity. Bill C-230 would provide the government with a framework to examine how race, socio-economic status and residence in remote areas that are near environmental hazards intersect to shape health outcomes in these communities.

Bill C-230 would also provide affected communities with opportunities to be involved in environmental policy-making and decision-making, which they have been excluded from. It is important that the communities that are most burdened by the siting of hazardous projects in their communities be given opportunities to have a say in what happens in their communities.

In conclusion, it is important to state that in the case of environmental policy-making, a rising tide does not lift all boats. The approach to environmental policy-making in Canada has reflected a kind of universalism that suggests if environmental burdens experienced by all Canadians are addressed, those who are most affected by those burdens will benefit. The notion that environmental policy should not focus on specific racial groups dismisses the long history of placing these hazardous projects in our most vulnerable communities. It is an approach that has failed, since polluting industries continue to be disproportionately located in these same communities.

The truth is that policies work best when they are strategic and directly target the social ills in communities that are most affected. Therefore, it is crucial that we have legislation that centres race in environmental policy-making and decision-making, since the communities that are disproportionately harmed are those that are racialized. Once again, race is real. It has material realities. My hope, then, is that Bill C-230 is that legislation.

Thank you.

April 14th, 2021 / 4:25 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Thank you, everybody, for being here, and thank you for your comments in the House at second reading. They were very interesting.

I'd also like to thank Dr. Waldron for being here today, because she really has been the inspiration for me for presenting this bill, Bill C-230, the National Strategy to Redress Environmental Racism Act

Colleagues, like systemic racism, environmental racism is something that, sadly, has been part of the fabric of Canada for too many years. Environmental racism refers to the fact that communities of colour are disproportionately burdened with health hazards due to policies and practices that have been forced upon them and forced them to live in proximity to sources of toxic waste, such as dumps, toxic waste sites, sewage works, mines, landfills, power stations, chemical plants, major roads and emitters of airborne particulate matter. As a result, these communities suffer greatly and they suffer greater rates of health problems attendant on hazardous pollutants.

Although the term “environmental racism” seems new to some, it was actually coined in 1982 by African American civil rights leader Benjamin Chavez, who described it as “racial discrimination in environmental policy-making, the enforcement of regulations and laws, the deliberate targeting of communities of colour for toxic waste facilities, the official sanctioning of the life-threatening presence of poisons and pollutants in our communities, and the history of excluding people of colour from leadership of the ecology movements.”

Public awareness has grown about this issue in the last number of years and there is no doubt in my mind that the time has come for government to act both to acknowledge and address the issue. Surely we owe this to all Canadians.

I am sure that as lawmakers we all can agree it is a human right for all Canadians to have clean air and water in their communities. I know our government is working very hard to make sure that happens.

I did become aware of this issue only about seven years ago when I first met Dr. Ingrid Waldron when she explained what her research and data collecting was proving about the existence of environmental racism in Nova Scotia. If anyone still questions the reality of environmental racism, I really recommend Dr. Waldron's book, There's Something In The Water, or to watch the Netflix documentary based on the book.

The short summary of the bill requires that the Minister of Environment, in consultation with representatives of provincial and municipal governments of indigenous communities and other affected communities develop a national strategy to promote efforts across Canada to redress the harm caused by environmental racism. It also provides for reporting requirements in relation to the strategy and collecting data, including on the socio-economic circumstances and the physical and mental effects on communities across Canada that are affected by environmental racism.

We know that these effects are wide-ranging, from skin rashes and upset stomachs, to more serious illness, such as respiratory illness, cardiovascular disease, reproductive morbidity, including pre-term births and babies born with Down's syndrome, as well as various cancers that disproportionately affect women.

There is evidence that many chronic diseases in indigenous communities, for instance, are not primarily due to genetics or internal factors, but actually to external factors, that is, what's in the air, in the water, in our environment.

I am grateful to members who have already supported my bill thus far, including the member for Saanich—Gulf Islands, who seconded Bill C-230.

I would suggest that this is an example of what Canadians truly want to see in their government, especially in these dangerous times, parliamentarians working together to improve life for all Canadians.

Bill C-230 is a bill that would make Canada an international leader in addressing environmental, social and public health issues that impact indigenous, Black and other racialized and vulnerable communities from coast to coast to coast.

This issue has become even more urgent, I would say, in light of the growing public awareness of systemic racism and the epidemic of racism, misogyny, gender-based violence and femicide that the COVID-19 pandemic has stoked, since it has disproportionately impacted vulnerable communities.

Please do the right thing, colleagues, and support Bill C-230.

The strategy must include measures to: examine the link between race and socio-economic status and environmental risk; collect information and statistics relating to the location of environmental hazards; collect information and statistics relating to negative health outcomes in communities that have been affected; and assess the administration and enforcement of environmental laws in each province.

It must also include measures to address environmental racism, including: possible amendments to federal laws, policies and programs; the involvement of community groups in environmental policy-making; compensation for individuals or communities; ongoing funding for affected communities; and access of affected communities to clean air and water.

With that, colleagues, I will leave it there.

Dr. Waldron will continue.

April 14th, 2021 / 4:25 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

This meeting is called to order.

Welcome to meeting number 25 of the House of Commons Standing Committee on Environment and Sustainable Development. Pursuant to the order of reference of Wednesday, March 24, 2021, the committee is commencing consideration of Bill C-230, an act respecting the development of a national strategy to redress environmental racism.

To ensure an orderly meeting, I would like to outline a few rules. Members and witnesses may speak in either official language, because, among other things, interpretation services are available for this meeting.

Dr. Waldron, I guess you have seen that you can choose to listen to the floor version, the English version or the French version.

For members and witnesses, please wait until you are recognized before clicking on your microphone icon to unmute your mike. The rest is pretty much common sense.

Each witness, Ms. Zann and Dr. Waldron, will have five minutes for opening comments. Then we'll go to a round of questions—actually two rounds of questions, because this first hour is dedicated to our two witnesses. Then we'll have some departmental officials for the second hour.

We will now start.

Ms. Zann, congratulations on getting your bill through second reading to the committee. The floor is yours for five minutes.

April 12th, 2021 / 5:30 p.m.
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Liberal

The Chair Liberal Francis Scarpaleggia

Thank you.

That takes us to 5:30 and the end of our round.

Thank you to all the witnesses for a very interesting discussion from different points of view, in many cases. We have all come out with an understanding of this issue.

Colleagues, as you know, we have a meeting on Thursday. It will start a bit later because of all the votes. We'll be using that meeting to launch our study of Bill C-230. On Monday, April 19, we don't have a meeting. That's because of the budget. We will get back to things on the 21st.

Thank you again to our witnesses and thank you, members, for your excellent questions.

Thank you to the analysts for putting this together and to the clerk for managing this process.

Have a good evening, all. I'm sure we'll see each other at some point to discuss the different kinds of issues that come out of this. Thank you very much.

The meeting is adjourned.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

March 24th, 2021 / 4:25 p.m.
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Liberal

The Speaker Liberal Anthony Rota

Pursuant to order made on Monday, January 25, the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-230.

The House resumed from March 23 consideration of the motion that Bill C-230, An Act respecting the development of a national strategy to redress environmental racism, be read the second time and referred to a committee.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

March 23rd, 2021 / 6:30 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

Madam Speaker, I would like to acknowledge that I stand on the unceded territory of the Mi'kmaq here in Nova Scotia and thank them for sharing their land with us. Wela'lioq.

To everything there is a season, a time and a purpose, and Bill C-230 is a bill whose time has come, for we are at a tipping point or, hopefully, a turning point in Canada's history and indeed that of our planet.

For years, grassroots activists across Canada have been fighting for social and environmental justice for indigenous, black and other racialized communities. We stand on the shoulders of community leaders like Chief Dan George, Dr. David Suzuki in B.C., to Dr. Ingrid Waldron, Chief Andrea Paul, Louise Deslisle, Doreen Bernard and Drs. Lynn and Rocky Jones right here in Truro, Nova Scotia.

One year ago I introduced Bill C-230, a national strategy to redress environmental racism, in the House of Commons in Ottawa. Then recently, in January of this year, President Joe Biden signed an executive order to develop programs and policies to “address the disproportionate health, environmental, economic, and climate impacts on disadvantaged communities” in the United States. Surely this gives even more credence to the need for Canada to address this issue within our own borders. Therefore, let us do the right thing and acknowledge the injustices of the past by addressing the issues of systemic environmental racism with respect to the pollution of the land, air and water affecting a disproportionate number of indigenous, black and other racialized communities; acknowledging the equal and inherent right of all to clean air and water; meaningfully consulting affected communities; collecting vital data; recommending further action and redress; and embracing environmental justice by honouring, celebrating and protecting the natural environment.

Research shows that racialized people have higher rates of chronic disease and are more vulnerable to both climate change and new diseases like COVID‑19 due to the long-standing structural inequities that have caused poverty, leading to unstable housing and food insecurity. Environmental racism is a major contributor to these inequities, since a disproportionate number of racialized communities are located in areas that have been exposed to major polluters emitting toxins associated with cancer, respiratory illness and birth defects.

We have much to learn from indigenous people around the globe, particularly women, as it is often the women who bear the brunt of inequity and are faced with the fallout of environmental racism. It is with this in mind that I honour all grassroots grandmothers and sacred water protectors, the women whose blood, sweat and tears has been spilled endlessly in the spiral of creation, fighting for their lives, their rights, those of their children and, I would add, for Mother Earth. If we are to survive as a species, the way we perceive, value and treat our fellow humans, natural environment and every living thing must change. I would like to believe it is changing with each new generation, as the obvious results of our human flaws and past mistakes become impossible to deny.

One of the biggest mistakes colonial society has made is the belief that some races and genders are more important or valuable than others and therefore that some peoples and communities are less deserving of a healthy environment than others. Not only is this premise false, but we also seem to have forgotten that we are in fact part of nature ourselves and are all connected to each other and to the natural realm. We are all born with the innate right to clean air and water. These simple elements are vital for our survival. Let us be honest, we have taken both for granted to our own detriment.

My parents taught me long ago that every child is born equal and deserves to be treated with mutual respect. My 97-year-old grandmother, Elizabeth, taught me that without hope we have nothing. The eyes of our children and grandchildren are upon us. Let us give them a reason not only to hope, but to believe.

The time to act is upon us. If not us, who? If not now, when? I humbly ask members to support Bill C-230.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

March 23rd, 2021 / 6:30 p.m.
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Winnipeg South Manitoba

Liberal

Terry Duguid LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (Western Economic Diversification Canada) and to the Minister of Environment and Climate Change (Canada Water Agency)

Madam Speaker, I am pleased to have the opportunity to speak today about the bill by the member for Cumberland—Colchester, Bill C-230, an act respecting the development of a national strategy to redress environmental racism.

Bill C-230 proposes to develop a national strategy to address the harm caused by environmental racism, in consultation with provincial and municipal governments and indigenous and other affected communities, persons and bodies. Given the important objectives of the bill, the government supports sending the bill to committee for further study. This would enable a broad discussion to take place on the environmental risks faced by marginalized communities and historically disadvantaged groups, and examine options to develop a strategy that is both practical and appropriate for the federal government. The activities proposed by the bill could help identify and fill knowledge gaps, providing different levels of government with the information needed to work toward addressing issues raised by the bill.

This would build upon the government's commitment to evidence-based decision-making that takes into consideration the impact of policies on all Canadians. The bill is timely and commendable. However, there are three sets of issues that the government is looking forward to discussing and studying at committee, and which the government would seek amendments to address.

First, a national strategy could serve to promote environmental justice, which is a concept that is already recognized in the bill, as a goal to strive to achieve through a coordinated national strategy. Environmental justice seeks to avoid disproportionate impacts of environmental harm on certain communities, for example, minorities, and includes other grounds of discrimination in addition to race, such as low-income communities and remote communities. Potential amendments would seek to further incorporate principles of environmental justice into the bill.

Second, there are some measures proposed in the bill that are more appropriately taken by provinces. We recognize that jurisdiction over the protection of the environment is shared among different levels of government in Canada and we would seek amendments to address the impacts on provincial jurisdiction.

Third, while the bill contains some important mandatory requirements, a flexible framework for developing a national strategy would be required. Amendments would aim to avoid pre-empting or prejudging the issues and findings of environmental racism that may be identified in the process of developing a national strategy. As I said, the bill deserves our attention and represents the beginning of a conversation that can build upon and complement efforts that our government is undertaking to strengthen environmental protections and to combat systemic racism. As a result, we look forward to careful study at committee and discussions on possible ways to reinforce the bill and its purpose.

Finally, once again I would thank the member for Cumberland—Colchester for bringing this bill forward, for her advocacy and her environmental passion, which are very important in this particular case. I hope that all members will join the government in supporting sending this legislation to committee for further study.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

March 23rd, 2021 / 6:15 p.m.
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Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Madam Speaker, over the course of our nation's history, polluting projects have disproportionately been situated in areas adjacent to indigenous and racialized populations, which has led to increased impacts to human health in those communities. This is a reality that we need to confront, as Canadians, to become a more equitable society. I thank my colleague from Cumberland—Colchester for tabling Bill C-230, an act respecting the development of a national strategy to redress environmental racism, which follows similar acts she advocated for as an MLA in Nova Scotia.

Environmental racism is characterized by the disproportionate exposure of communities of colour to pollution and its associated effects on health and the environment, as well as the unequal environmental protection and environmental quality provided through laws, regulations, governmental programs, enforcement and policies.

Recently, the issue of environmental racism in Canada was emphasized by the United Nations special rapporteur on toxics and human rights, who visited Canada in 2019 to report on the prevalence of environmental and health discrimination faced by indigenous and marginalized groups.

Ultimately, he concluded that a pattern exists in Canada in which marginalized groups, and indigenous people in particular, find themselves on the wrong side of a toxic divide and subject to conditions that would not be acceptable elsewhere in Canada. This is the crux of the problem that we face.

In Canada, this environmental injustice for indigenous and racialized peoples stems in part from our history of colonialism: the lack of diverse representation in decision-making roles, the marginalization of racialized voices, income inequality and the general blind eye that our system over our history turned to negative externalities such as pollution.

Communities of colour, particularly poor communities, have been seen as attractive sites for industrial facilities and other developments that impact the proximate populace because they were seen as cost-effective and efficient. For example, when a decision is made to situate a landfill in a particular location, the surrounding population that has the ability to move, does. However, those who are already at a disadvantage in society, and who do not have the capacity to oppose such projects, are forced to live alongside pollutants that may impact their health and their surrounding environment.

Environmental inequality is not relegated to decisions of where to site projects alone. Consequences for environmental violations are not uniform. In my home province of British Columbia, the maximum penalties for dumping garbage or waste on Crown land currently have upper limits of $2,000 or $1 million, while the maximum penalty for dumping garbage or waste on Indian reserves is only $100.

In my community, the North Shore Sewage Treatment Plant has sat on the Squamish Nation's Capilano Reserve for the last 55 years. Known for emitting fumes, especially on hot summer days, the plant is situated metres away from the Squamish Nation community despite waste management facilities generating emissions that may be hazardous to human health.

Now, with the help of federal and provincial funding, construction of the new Lions Gate Secondary Wastewater Treatment Plant is under way. It will be relocated from the Squamish Nation Reserve to a location in the District of North Vancouver owned by Metro Vancouver. The new treatment plant is being constructed with 100% odour containment, and the old facility's land will be returned to the Squamish Nation for it to redevelop as it sees fit.

The reconstruction of the waste water treatment plant will not only relieve residents of foul odours, but will also provide the north shore with cleaner water and a healthier ecosystem because, while the current plant only removes 50% of organic matter and 70% of suspended solids, the upgraded plant will ensure the elimination of 90% of all waste prior to the sewage entering the sea.

The neighbouring Tsleil-Waututh Nation is hopeful that the upgraded plant will help reduce contamination in shellfish harvesting areas both in Burrard Inlet and in Indian Arm. The North Shore Wastewater Treatment Plant serves not only as an excellent example of what redressing environmental harm can look like, but also as an example of how varied and extensive the impacts of toxic exposure can be for indigenous and racialized communities, with a sewage plant directly impacting the air of one nation and the food supply of another.

Elsewhere in Canada, approximately 90% of Grassy Narrows residents currently suffer from mercury poisoning as a result of Dryden Chemicals dumping mercury into the English-Wabigoon River system between 1962 and 1970. As a result of the dumping, all commercial fishing in the river system has been banned: the fish were shown to contain mercury levels 10 to 50 times higher than in other areas. As such, the Grassy Narrows Nation was not only subjected to severe mercury poisoning, but also to the elimination of the community's main source of income. Despite this clear environmental injustice, it took 50 years for the government to provide the people of Grassy Narrows with an effective remedy.

Another compounding issue is that despite greater exposure levels to hazardous substances, indigenous and racialized peoples have been shown to face further discrimination in health care. As an example, 62% of Grassy Narrows First Nation members living on reserve report barriers to health care. While in many examples we have a painful legacy of environmental racism, our legal frameworks are evolving over time to mitigate the risk of future such examples occurring.

For instance, the Impact Assessment Act, which became law in 2019 and replaced the Canadian Environmental Assessment Act, 2012, greatly increased the standard of public participation and transparency in environmental assessment. It became easier for the public to formally participate in assessments. It introduced a pre-assessment planning phase in which the public could participate to address clear issues such as project siting before the assessment in full began. It greatly enhances the consultation and accommodation process with affected first nations by requiring that this begin in the planning phase. It also incorporates traditional knowledge and creates the conditions for indigenous-led assessments.

In addition, with the introduction of Bill C-15, which if passed would implement the United Nations Declaration on the Rights of Indigenous Peoples into federal law, we would take further holistic action on reconciliation. Notably, this would also address environmental racism, as UNDRIP affirms that indigenous peoples have the right to conservation and protection of the environment.

Most importantly, the Canadian Environmental Protection Act, or CEPA, is the main piece of legislation we have in Canada to ensure that we protect the environment and human health. However, this legislation has not been substantially updated in over two decades. The Standing Committee on Environment and Sustainable Development studied CEPA and delivered a comprehensive report. Among the recommendations were that the government should recognize the right to a healthy environment. It mentioned the importance of considering vulnerable populations and risk assessments, and of developing legally binding and enforceable national standards for drinking water in consultation with provinces, territories, indigenous peoples, stakeholders and the public.

I look forward to the introduction of a reformed CEPA in due course. If we follow through on these and other suggestions made by the committee, we would go a long way toward addressing future environmental racism in Canada, but there will surely be gaps that remain after all this is done, which is why the bill that we are discussing today is so important in further studying and uncovering where these gaps may lie. The bill would require the Minister of Environment and Climate Change to collect information about the locations of environmental hazards and information about the negative health outcomes in affected communities, ensuring that the public and the government are informed and aware of the dangers associated with hazardous sites.

The minister would also be required to examine the link between race, socio-economic status and environmental risk, thus examining how race and socio-economic status expose indigenous and other racialized communities to contamination and pollution.

Furthermore, Environment and Climate Change Canada would be required to develop a strategy to address environmental racism and to provide regular reports to Parliament on its progress. Bill C-230 would ensure that there is a routine assessment of the extent to which environmental laws are administered and enforced in each province and would promote efforts to amend federal laws, policies and programs in order to address environmental racism.

To conclude, I believe that this bill will make progress on issues of both environment and equity. I will be voting in favour of sending it to be studied further at committee. At this stage, we can involve the voices of provinces, territories, rights holders and stakeholders from right across the country in its deliberation and to further strengthen it. I invite my colleagues from across this House to do the same.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

March 23rd, 2021 / 6:05 p.m.
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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, the Bloc Québécois does not support Bill C-230 because, although the Bloc Québécois believes in a cleaner and fairer world, this bill is unfortunately a direct attack on Quebec's environmental sovereignty.

The Bloc Québécois is fully aware that there are disparities in living standards in Quebec and Canada. We are very concerned about that and have been for a long time. Our political agendas are already full of proposals that seek to make Quebec a cleaner and fairer nation.

It gives me great pleasure to say that, when it comes to environmental and social policies, Quebec sets an example for the whole world in the way it protects its land and its plant and animal life and the way it fights social inequality.

Although the Bloc Québécois does not support Bill C-230, we do support government efforts to work in concert with indigenous nations, the Government of Quebec and the other governments of Canada to counter the inequities experienced by our minority communities in their relationship with the environment.

We know that an important part of reconciliation with indigenous peoples involves joint initiatives to make Quebec and Canada cleaner and more just. Living conditions for some people and in some communities in Quebec and Canada with respect to the environment are unacceptable, and governments must uphold their responsibilities in this regard. Access to drinking water comes to mind.

Top of mind are our first nations, Métis and Inuit friends. The shame of the profound and indescribable harm done to them by the federal government's laws and decisions dating back to 1867 endures to this day. The federal government's misdeeds haunt us painfully and unremittingly.

It is difficult for indigenous peoples of Quebec and Canada to heal the wounds that the Government of Canada inflicted on them and, incomprehensibly, continues to inflict on them. Unbelievably, the Indian Act is still with us.

Nevertheless, there is hope, because we are all working on a relationship based on recognition, respect and co-operation. There is hope because the Bloc Québécois is working and fighting to make Quebec a country founded on mutual recognition with indigenous nations, a country in which all citizens are equal and everyone reaps the benefits of social and environmental justice.

While there are increasingly well substantiated links between rising pollution levels and various diseases and developmental disabilities, I would still like to take this opportunity to highlight the longer-term implications of environmental inequities, particularly for the different regions of Quebec. These repercussions are very real. One need only compare the populations of the two sides, west and east, of Montreal Island. Life expectancy on the east side, which is more francophone and very multicultural, is 10 years lower than that on the West Island. That is a sad reality.

Putting people's quality of life and health at risk puts the development and sustainability of our communities at risk. If we want to avoid environmentally risky industrial projects, we must create mechanisms that ensure the safety and health of citizens. We also need to be mindful of the support that must be provided to organizations that combat some of the negative effects of industrial projects. These elements have been increasingly well documented, and we know that the quality of the environment affects the physical and cognitive development of individuals. For example, there are statistics pointing to a higher incidence of pervasive development disorders.

April 2 is World Autism Awareness Day. I want to take a moment to acknowledge the painstaking and ground-breaking work of Mohamed Ghoul and his team. I have a huge amount of respect for Mohamed and Lucie Beauregard and the organization they run. They work very hard to help people with autism integrate into society, primarily through music. APPROSH is a clinical psychosocial intervention program developed by Mr. Ghoul for young people and adults who have neurodevelopmental disorders, such as autism.

Mr. Ghoul has been developing his training program for years and running the Maison-école des artistes autistes & le monde, a place for people with autism to come together and learn. Mr. Ghoul has been recognized around the world for his work, but his programs have been left out of Canada's federal programs. I am mentioning him today because it is important to think big and think about the potential impacts on the well-being of Quebeckers.

Let us come back to Bill C‑230. In order to establish a national strategy to repair the harm caused by what our colleague from Cumberland—Colchester calls environmental racism, this bill provides that the Minister of the Environment consult with representatives from provincial governments, municipal governments, indigenous communities and other communities affected, as well as any other person or entity affected. The purpose would be to gather information and statistics on the location of environmental hazards and the health problems in the most affected communities.

The Bloc Québécois has no problem with everything to that point. However, Bill C‑230 is problematic in that it stipulates that the Government of Canada will assess the administration and enforcement of environmental laws in Quebec. We categorically oppose that because when it comes to the environment, the laws and regulations of the municipalities of Quebec and the Government of Quebec have to apply in Quebec, even though the environment is a shared responsibility. That is indisputable.

What is more, the Bloc Québécois, through my colleague the hon. member for Jonquière, introduced Bill C‑225, an act to amend the Aeronautics Act, the Fishing and Recreational Harbours Act and other acts with regard to the application of provincial law. We wanted the Government of Quebec to have priority, even total sovereignty, on matters of environmental protection on our national territory, but the other political parties opposed us.

We also introduced another bill, and it too was rejected by a majority of the members of this Parliament. It was in response to another bill that lacked scope and restrictions introduced by the Liberals who, in theory, want us to try to achieve their greenhouse gas reduction targets under the Paris Agreement. We introduced Bill C‑215, an act respecting Canada’s fulfillment of its greenhouse gas emissions reduction obligations, sponsored by my hon. colleague for Avignon—La Mitis—Matane—Matapédia. This bill wanted to provide the means and some teeth to ensure that the Liberal government met its own commitments on fighting climate change, but it was rejected.

The House of Commons is in no position to lecture Quebeckers about the environment because the parliamentarians of the other political parties are incapable of turning their words into coherent action while respecting provincial jurisdictions. Why is Ottawa again attempting to impose its will to the detriment of the state of Quebec? Furthermore, I would venture to say that for some time Canada has sullied Quebec's exemplary environmental reputation. Therefore, we are saying no to Bill C‑230 primarily because Quebec's social policies are not within the jurisdiction of the federal government.

Furthermore, Quebec does not need any lessons from the Canadian government on social policies. A quick look at the history of Quebec and Canada shows how Quebec has long had forward-thinking and high quality social policies that have even been copied by the governments of other Canadian provinces and territories. This is a credit to Quebec, and we are always proud to see our Canadian friends open up to our way of doing things and our way of building a more just society.

In closing, there is no doubt in the minds of Bloc Québécois members that Bill C‑230, an act respecting the development of a national strategy to redress environmental racism, is nothing more than another attempt at federal interference, much like the ones we in the Bloc are accustomed to opposing day after day in most of the legislation introduced in the House of Commons. With Bill C‑230, the federal government would no longer be content with disrespecting Quebec's environmental laws. It would assume the right to assess the administration and enforcement of environmental laws in each province. The idea of joint consultations with indigenous nations, Quebec City and Ottawa is certainly a good intention, but it must end with just consultations.

The Bloc Québécois will not allow the federal government to infringe on areas under the jurisdiction of Quebec and its municipalities. I would like to remind all members of this Parliament that Quebec's territory belongs to Quebec, and it is up to the Government of Quebec and Quebeckers to protect it as they see fit. Once again, Bill C-230 clearly proves that a federal government that seeks to centralize authority has no respect for Quebec's sovereignty and jurisdictions. It is important to remind members of that. It bears repeating over and over because the federal government does not seem to want to hear it: it is up to the Government of Quebec to enforce its own laws, period.

I will close with brief editorial note. A survey was presented this morning that clearly illustrates how the federal government wants to impose an energy corridor that would run through Abitibi-Témiscamingue, the Gazoduq project. The government wanted to move western Canadian oil through Quebec with energy east, but that project was rejected. It is now trying to move the project somewhere else, where it would affect a population that is perhaps more vulnerable and less involved, the population in northern Quebec, in Abitibi-Témiscamingue, in my riding. However, the people of Quebec do not support that project, and I would like the House to take note of that.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

March 23rd, 2021 / 5:45 p.m.
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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, it is always a pleasure for me to rise on behalf of the Bloc Québécois and the people of Avignon—La Mitis—Matane—Matapédia, particularly to talk about the environment.

I want to begin by thanking my colleague from Cumberland—Colchester for her work and for introducing this bill. I want her to know that the Bloc Québécois has big ambitions when it comes to the environment. We welcome bills that address this issue.

Her bill touches on a particularly worthwhile issue, a concept that has not been very well known until now, and that is environmental racism. I myself had to read up on this concept before I spoke about it, and I have to say that I learned a lot. I think it is important to talk about what this concept means.

Environmental racism is a grassroots concept, but that does not make it any less real. It is a concept that exists in the broader context of the environmental justice movement, which originated in the United States. It is based on the connection between nature and social factors, such as class, gender and race.

The Canadian Race Relations Foundation defines environmental racism as follows:

A systemic form of racism in which toxic wastes are introduced into or near marginalized communities. People of colour, indigenous peoples, working class, and poor communities suffer disproportionately from environmental hazards and the location of dangerous, toxic facilities such as incinerators and toxic waste dumps. Pollution of lands, air and waterways, often causes chronic illness to the inhabitants and change in their lifestyle.

According to this definition, the concept of environmental racism is intrinsically linked to that of systemic racism. At the same time, it is not exclusively linked to minorities because it includes more varied vulnerability criteria, so is calling it exclusively a form of racism justified?

There is without a doubt good reason to add environmental factors to the social determinants of health. Essentially, the definition of the concept of environmental racism seems vague. Without a clear definition of this concept, I think it is difficult to develop a public policy.

More pragmatically, the fact that this concept is linked to a wide range of social phenomena poses a real challenge in terms of public policy development. In this specific vision of environmental justice, policies have to adapt continuously to the variety of situations encountered.

The concept of environmental racism was popularized in Canada by Dr. Ingrid Waldron, a professor at Dalhousie University. According to her, every community experiences these issues in its own unique way, which makes it challenging to take concerted action for social, economic, political and environmental justice.

It is one thing for social movements to adapt their political battles to the realities on the ground. Just look at the opposition to pipeline projects like Energy East or the Coastal Gaslink pipeline.

The challenge is quite different for lawmakers who have to draft legislation that serves justice and has to apply to all citizens. A good policy is a universal policy that serves the common good and applies to the entire population. Universal public policies dismantle unequal structures and discriminatory practices. That seems to be the purpose of Bill C‑230, but that will not be the result.

Whether in Quebec, France or elsewhere, the social policies that have best served the advancement of rights, social protections and reduced inequalities are universal policies that apply to everyone. I would like to remind the House that the Bloc Québécois strongly believes in the principle of universality, which involves promoting the economic and social well-being of all members of society.

The best way for the government to avoid discriminating based on differences is to blind itself to differences. If we institute new policies based on new rights, such as the right to a clean environment, everyone should have them. If the policy is well thought out, those who suffer the most from injustice will receive help and support from the government. If the rights and the eligibility criteria for government protection and support are universal, then the policy will eliminate inequalities based on differences. Unfortunately, Bill C-230 does not meet these criteria of universality.

The second problem with this bill is that it is a direct infringement on Quebec's environmental sovereignty. One striking example is the following clause: “assess the administration and enforcement of environmental laws in each province”. In other words, the federal government would no longer respect Quebec's environmental legislation. It would give itself the right to assess the administration and enforcement of environmental laws in Quebec and every province. I am sorry to say that the Bloc Québécois cannot agree to such a clause. Quebec's territory belongs to Quebec, and it is up to the Government of Quebec to protect it.

Bill C‑230 puts the Minister of the Environment in charge of the national strategy. The choice of the minister is not bad in itself, but we need to first consider the intersectionality of environmental racism, which requires a horizontal approach involving multiple departments. For example, the environment is a shared jurisdiction, and social policy is not a federal responsibility.

Next, who is to say that the federal government has the constitutional jurisdiction to implement the measures in this bill?

The fact that the federal government wants to consult other levels of government is not sufficient, in the context of Canadian federalism, to justify that same government's intrusion in areas that are the jurisdiction of Quebec and the other provinces. The federal government can legislate on environmental matters, but only in areas under its jurisdiction.

Bill C-230 does not concern fisheries or navigation and shipping and does not apply solely to federal public property. The bill makes no reference to any criminal matters, nor does it establish an obligation to adopt environmental mechanisms in conjunction with provincial governments.

Need I remind members that the clause about assessing the administration and enforcement of environmental laws in Quebec is unacceptable to us?

The federal government has a long way to go if it wants to respect Quebec's environmental sovereignty at long last. It should start by taking care of its environmental responsibilities, such as the management of dangerous goods. The federal government's practices with regard to the management of radioactive waste are particularly questionable.

Under the Constitution Act, 1867, the federal Parliament exercised its declaratory power to assert jurisdiction over nuclear energy. The federal government therefore needs to accept responsibility for its decision and live up to its responsibilities by ensuring that no human being in Quebec or Canada is exposed to the hazards of nuclear waste. As for the rest, as I said at the beginning, Quebec's territory belongs to Quebec, and it is up to the Government of Quebec to protect it.

If the current government really wants to fight climate change and social inequality, it does not need Bill C‑230 to do so. It does not need to bring up environmental racism.

There is already scientific evidence to show that it is the most vulnerable people, the most disadvantaged, the ones living in the poorest neighbourhoods, who experience the most direct harm from the environmental crisis. Yes, cultural minorities and immigrants are overrepresented in those neighbourhoods. Yes, indigenous people are among the hardest hit. The data is there. What we need now is political will.

We have known for more than 30 years that climate change affects our physical and mental health. Natural disasters, heat waves, floods, poorer water quality, reduced food quality and quantity, and the emergence or development of new diseases are all factors that affect human health. Not only are these phenomena getting worse, but they can also appear simultaneously. What happens then? Health risks skyrocket, and vulnerable people's lives are in jeopardy.

We can tell ourselves that the impact of climate change on health is felt elsewhere, far from home, but that is like burying our heads in the sand. Quebec and Canada are already feeling the impact of climate change.

Remember the 2018 heat waves. In and around Montreal, that heat wave killed 66 people. Mapping where those deaths occurred reminds us of the influence of social inequality on health, because the most disadvantaged neighbourhoods had the most deaths.

Other local examples include increasingly poor sanitation in indigenous communities. Rising waters and changing seasons are leading to a whole new set of mental health problems and food shortages.

The problems do not end there.

If we keep fuelling climate change with our polluting emissions, everyone's health will be compromised. Canada is already being hit with climate change events such as heat waves, forest fires and floods. They will certainly become more frequent in the coming years. The health risks of climate change include heat-related illnesses, lower air quality due to pollution, contaminated water sources, and diseases spread by insects, ticks and rodents.

The literature makes it quite clear that the least fortunate members of our society, which includes a huge proportion of indigenous peoples, racialized individuals and immigrants, will also bear the brunt of the consequences of climate change.

It is up to us as policy-makers to be aware of this and stop dithering over the need to immediately reduce our greenhouse gas emissions. If we do not, we will be contributing to jeopardizing the health of the public now and in the future.

That is why the Bloc Québécois position is not motivated by opposition to the will expressed in Bill C‑230 to resolve a real social problem, but by whether the bill could change anything. The Bloc Québécois is concerned about quality of life and access to a healthy environment for all Quebeckers.

Over and above Bill C‑230, the appalling living conditions in some of our communities, which have no access to a healthy environment, are unacceptable, and governments must live up to their responsibilities in that regard.

Environment-based human rights need to be developed. These rights, and the policies that stem from them, will have to be universal. Everyone must have them, regardless of their differences. Only then will we have powerful legal tools to address the inequities and discrimination caused by unequal environmental factors, such as exposure to pollution or lack of access to clean drinking water.

Unfortunately, Bill C‑230 cannot fulfill this vision.

The Bloc Québécois is working hard and pushing for an independent Quebec, one based on mutual recognition with indigenous nations, in which all citizens are equal and enjoy the benefits of social and environmental justice.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

March 23rd, 2021 / 5:35 p.m.
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Conservative

Eric Melillo Conservative Kenora, ON

Madam Speaker, it is great to see you in the Chair again. I hope to join you in Ottawa very soon.

It is an honour to join the debate today on Bill C-230, which deals with a national strategy to redress environmental racism.

Preserving our natural environment is one of the most important issues of our time as is building a more just society and supporting Canadians of all races and from all walks of life.

The people of the Kenora riding know the importance of our environment quite intimately. In northern Ontario, hunting, fishing and ecotourism more broadly are a part of our way of life and a major driver of our economy. We understand how essential it is for clean air, clean water and a vibrant natural environment now, but also preserved for future generations.

Unfortunately, we have also seen first-hand how legacy failures by various governments have harmed the environment and the health and well-being of racialized people.

After I was elected in 2019, I used my first intervention in the chamber to raise the issue of mercury poisoning in the Grassy Narrows First Nation. Members of this nation as well as those of Whitedog in my riding have been suffering the effects of mercury poisoning, such as muscle weakness, cognitive impairments, reduced vision, hearing and speech, for decades. It was not until last year that the government finally signed an agreement for a treatment facility in these communities.

In both communities, the water systems were contaminated when toxic waste was dumped into the English and Wabigoon river systems in the 1960s and 1970s. In 2016, it was reported that the fish in Grassy Narrows, specifically, still had the highest levels of mercury contamination in the province of Ontario. This is perhaps the greatest example of environmental racism in Canada and the government allowed it to continue for five years under its watch without action.

Of course, we also remember the Prime Minister's smug and condescending comments toward protestors of this injustice at a Liberal fundraiser in 2019. He thanked these individuals for their donations without even attempting to address the real and urgent issues they were hoping to bring to his attention.

Contaminated or otherwise unsafe water is an unfortunate and unimaginable reality, yet it is the reality for many first nations across the country.

On March 1, the Globe and Mail reported that 39 first nations were under long-term boil water advisories. Several have gone without clean water for more than a decade. Last month, the Neskantaga First Nation, also in my riding, marked 26 years under a boil water advisory. Of course, members may recall that last year the residents of this community actually had to evacuate entirely because there was a breakdown of their water system.

The Liberal government promised that all long-term boil water advisories would be ended by March of this year. Of course, it is now March and we know that it is not close to reaching that goal and has not even set a new date for when it hopes to achieve that. It has blamed its lack of progress on the file on the pandemic, but that excuse frankly does not add up. We know it was on track to miss its timeline long before COVID‑19 ever hit. We also know that many indigenous communities have been incredibly diligent about fighting COVID‑19 have nonetheless been finding ways to get essential work done on reserve, while protecting the health and safety of their residents.

Many indigenous people across the country and indeed all Canadians see this delay for what it is, and that is the government once again putting their needs on the backburner.

I truly worry about how continuing with the failures of the past will prevent us from securing a more prosperous future. If the government is serious about addressing environmental racism, I suggest it place much more urgency on the issues of clean water in first nations across the country.

We also know that many indigenous people, particularly in remote and northern communities, like those in my riding, will be disproportionately impacted by climate change, and ridings like mine will bear the brunt of many of the challenges. Remote communities face unique circumstances. Some of these challenges are related to their geography of course, but many are exacerbated by chronic underfunding, discriminatory legislation and environmental neglect.

In the past few years, residents of communities such as Bearskin Lake and Fort Hope in the riding of Kenora have been forced to evacuate because of floods and fires, respectively. These extreme events are expected in my region; however, they have been increasing in frequency and severity in recent years.

I frequently hear concerns from residents of remote communities in Kenora who rely on ice roads as a major transportation route for essential items. Shorter and milder winter seasons, as we experienced this past year, are limiting many people's ability to use these road systems, and this is cutting off many northern communities from vital resources. Residents of these communities are resilient, but their opportunities are often limited by insufficient infrastructure.

Housing shortages, lack of transportation and limited access to goods and services all have negative impacts on health, nutrition, financial security and the emergency response in the north. These issues will only get worse as the climate changes and weather patterns become even more erratic.

Indigenous communities have been raising concerns about this for years, and since being elected, I have been fighting for real support in these areas. However, the lack of action from the government has been disheartening. Barely anything has been done to address the current challenges that remote communities face, let alone to prepare them for the consequences of climate change.

I do appreciate the very real and important issues the member for Cumberland—Colchester is aiming to address with this proposal. However, there are many questions we still need answers to. How will we prepare remote communities to respond to natural disasters if they continue to increase in frequency? How will we support hunters and anglers in maintaining their traditional ways of life as ice thins and wildlife behaviour changes? How will we ensure that communities relying on ice roads will not be cut off from the rest of the country when temperatures rise and winter seasons shorten? How will we ensure that houses and other facilities in these regions can withstand severe weather when the buildings they currently have are in an advanced state of disrepair?

These questions must be answered. Frankly, time is of the essence.

We can and must work to avoid the most devastating effects of climate change. We can invest in new technologies and work with industry to reduce emissions. We can support Canadians who want to practice sustainability in their daily lives. We can take transformational actions, just as former prime minister Brian Mulroney did with regard to acid rain, to combat the environmental crises of our time.

We also need to do right by the people who are already feeling the effects of environmental degradation. I do not believe we as Canadians can trust the current Liberal government to do that, because right now the Liberal track record on these issues has been all talk and very little action. The Prime Minister committed to preserving our environment, reducing emissions and bringing clean water to first nations communities, but under his leadership, emissions have risen, critical habitat has been lost and indigenous communities are still underserved.

How can anyone take the government at its word when its environmental record remains one of failure to back up its big promises with action? The government has had over five years to address these issues with meaningful legislation and tangible actions, but it has completely failed to do so. Its inaction has increased inequality, food insecurity and negative health outcomes for indigenous communities. We need to do better, and that is why Canada's Conservatives will continue to raise the voices of those who have been disproportionately impacted by these legacy government failures.

I will end my remarks there. It has been a pleasure to join the discussion today.

The House resumed from December 8, 2020, consideration of the motion that Bill C-230, An Act respecting the development of a national strategy to redress environmental racism, be read the second time and referred to a committee.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

December 8th, 2020 / 7:20 p.m.
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Vaudreuil—Soulanges Québec

Liberal

Peter Schiefke LiberalParliamentary Secretary to the Minister of Environment and Climate Change

Mr. Speaker, today I am pleased to be able to speak to Bill C-230, an act respecting the development of a national strategy to redress environmental racism, which was introduced by the member for Cumberland—Colchester.

The objective of this bill is to promote efforts across Canada to prevent and redress situations where indigenous and racialized communities must disproportionately contend with pollution, environmental degradation and other forms of environmental damage.

This is a valid concern that resonates particularly in the current context of COVID-19, where impacts of the pandemic have been disproportionately borne by disadvantaged groups. Numerous Statistics Canada studies point to the unequal impacts of the pandemic on various groups. One study, for example, found that immigrants and visible minorities form a larger proportion of front-line workers, including nurse aides, orderlies and patient service associates. This suggests that some groups of Canadians likely have been at a greater risk of exposure to the virus than others.

Additional evidence from Public Health Ontario suggests that people living in ethnically diverse neighbourhoods have been more likely to get sick from the virus than other Canadians. Various analysis has also shown that particular groups, such as indigenous Canadians, are much more vulnerable. This is a signal that we have to take action.

This bill comes at a time when many Canadians are giving careful thought to all aspects of racism, including its environmental aspect. The public is very concerned about the systemic racism experienced by Blacks, indigenous people and people of colour as a result of institutional policies and practices.

In the throne speech, our government promised to make a concerted and tangible effort to continue the fight against racism. Significant action has already been taken with the release of Canada's anti-racism strategy for 2019-2022, which includes a $45-million investment to take immediate steps in combatting racism and discrimination.

Through the anti-racism action program, the Government of Canada is investing $15 million to fund 85 anti-racism projects that aim to remove systemic barriers faced by racialized communities, religious minorities and indigenous Canadians. We have committed to also furthering transformative change by taking action on online hate; going further on economic empowerment for specific communities; implementing an action plan to increase representation in hiring, appointments and leadership development within the public service; and taking new steps to support the artistic and economic contributions of Black Canadians, culture and heritage.

We know the bill highlights that the efforts to combat systemic racism can intersect with environmental and health concerns. We are taking action in this regard as well.

The Government of Canada is also committed to continuously improving how vulnerable populations are considered in the assessment and management of chemicals and other substances under the Canadian Environmental Protection Act and other federal statutes. Chemicals are an integral part of everyday life, essential to our health and well-being, the economy, our communities and our homes. While chemical substances may provide benefits, some may also have harmful effects on human health. Some Canadians may be more vulnerable than others to those harmful effects.

Where there is information available, departments consider this both in conducting risk assessments and in designing risk management measures. This includes consideration of individuals living in the vicinity of industrial commercial facilities and first nation and Inuit populations.

To build on our commitments to address the unequal burden of exposure of certain groups to harmful substances, in late 2018 and early 2019, the government undertook consultations on defining vulnerable populations. It was a first step toward a policy framework on vulnerable populations. Feedback received through this consultation process is helping to inform the activities related to chemical assessment and management, including the development of a policy framework to address vulnerable populations under the CEBA.

Also of note, work under the federal air quality program is exploring how to address air pollution in specific areas that are particularly stressed: so-called hot spots. This work is important, as vulnerable populations can be disproportionately impacted by the pollution in those areas

The government has committed to tackling systemic racism and we promised to base our approach on the lived experiences of racialized communities and indigenous peoples. It must be a co-operative and collaborative effort.

The first step will be to listen as much as possible to those whose experiences will guide our approach. Bill C-230 is the start of a conversation that we are pleased to have in order to address this important issue.

In closing, I would like to once again thank the member for Cumberland—Colchester for introducing this bill.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

December 8th, 2020 / 7 p.m.
See context

Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, before getting into the Bloc Québécois's reasons for not supporting this bill, I want to emphasize a few points.

First, we recognize that problems related to geographical disparities affect people's standard of living and their access to a quality environment. Second, we are concerned about the fact that newcomers and indigenous communities are more directly affected by these disparities. Last, we fully support government measures to rectify inequalities experienced by the entire population vis-à-vis the environment.

However, Bill C-230's provisions create a lot of problems, starting with a direct attack on the environmental sovereignty of Quebec and the provinces. It will therefore come as no surprise that the Bloc Québécois will oppose anything that undermines Quebec legislation and its jurisdiction. Also, it is not at all clear that the federal government would have the constitutional authority to implement the measures proposed in this bill.

That is not all. As my colleague just outlined, there is no definition. As we understand it, there is no definition of environmental racism. When a new concept is introduced into a law, especially when it comes from a very specific theory, it must be clearly defined. In society and in academia, the meaning of concepts may change over time, but the meaning within the law must always be clear, known and recognized.

For instance, Bill C-230 makes extensive use of the word “race”. We understand the hon. member's anti-racist and anti-discriminatory intent, and we are not in any way questioning that intent. However, we do have some concerns. The sociological construction of race from such a perspective is not a process on which there is scientific or social consensus.

This concept, yet another one that comes to us from the United States, is based on the analysis of a relationship between the social, that is, the classes, gender and race, and nature. Some folks might remember the film Erin Brockovich. It was about a woman fighting an industry, but she was talking about financial precariousness. Today her struggle continues in Greece, but she is still talking about poverty.

Ingrid Waldron, a professor and author who has high hopes for Bill C-230, looks at the real and important issue of environmental discrimination through the lens of race and colour. I do not want to contradict Dr. Waldron, but we must recognize that environmental injustice, which disproportionately affects minority communities, is more in line with a fundamentally anti-capitalist ideology.

Furthermore, in her research she addresses the conditions that fuel environmental racism:

The combination of sociopolitical factors that enables environmental racism include poverty, lack of political power and representation, lack of protection and enforcement, and neoliberal policy reform.

She does recognize that there are many vulnerability factors. Why talk about racism, then?

The term “systemic racism” is politically and theoretically charged. If we are to have an open debate, we must not be already attached to restrictive theoretical premises influenced by sociological approaches that are firmly rooted in activism. As my colleagues know, I was a teacher and a union president. I am well versed in activism. I will be the first to say that it is important. However, activism must not be the motivation for introducing a bill in Parliament.

Dr. Waldron cites the inequalities between minority languages, including indigenous languages, of course, and the majority language of English as one of the factors contributing to the environmental burden:

While some provinces and territories have “environmental bills of rights” and legal frameworks for addressing environmental rights, gaps remain in areas related to federal jurisdiction.

Here we are. There certainly are gaps.

Last week, I spoke to Bill C-225 introduced by my colleague from Jonquière. The public engagement I was referring to and the social movements that lead to political battles have the desired impact on government action. These battles are often quite distinct from one another depending on the realities experienced.

However, the legislator faces an entirely different challenge. The legislator's responsibility is to make laws that serve justice, of course, but that must apply to all citizens. A good policy is a universal policy. It serves the common good and applies to the entire population. Moreover, universal public policies also end up dismantling inequality structures and discriminatory practices. Choosing the parameter or the lens of race to look at an intersectional phenomenon such as environmental discrimination seems inappropriate in a legislative context.

Quebec's Commission des droits de la personne et de la jeunesse has ruled on the matter as follows:

The idea that socio-economic, cultural and political differences between groups of individuals can be based entirely or in part on biological and genetic disparities has been widely rejected by most researchers in the social sciences.

The commission added that, in its view, the relationship between the social sciences and the notion of race is a dangerous one.

Canada needs to do some soul-searching, given the reality of the work described by Dr. Waldron, if only with respect to indigenous peoples and the unacceptable conditions that exist in far too many communities across Canada.

It is hard, very hard in fact, to explain how Bill C-230 can include a provision that puts “the administration and enforcement of environmental laws in each province” back into the hands of the federal government, when we have clear examples of the federal government demonstrating its indifference to the legislative mechanisms that are already in place in other administrations. That once again brings me back to Bill C-225, which we debated last week, and to the sad reality of the undue precedence federal legislation takes over environmental concerns and provincial laws.

Canadian laws are much more permissive than Quebec's laws when it comes to environmental protection, and yet they take precedence over Quebec's laws. We will not give the federal government another opportunity to have even more precedence over the provinces. It already has too much. Canada needs to examine its priorities when it comes to protecting its population from climate change, pollution-related issues, health impacts and all of the inequality that permeates its environmental action. Yes, the federal government needs to address the gaps that Dr. Waldron referred to.

Like her, I call on members to think about the sad legacy of neo-liberal policies, those that adversely affect the welfare state. We need to be firm in our legislative intentions of looking out for and eliminating discrimination, but we must do so from a perspective of unity, not division. Take, for example, pay equity, gender equality, universal access to life-sustaining resources, such as drinking water in indigenous communities, and access to justice. In short, we must continue to always fight to ensure that we stop the divide from growing.

I want to remind members that the right to live in a healthy environment has been enshrined in a multitude of constitutions and national charters. The member noted it in her introduction. Why could we not consider the same thing in Canada, that is, including the right to a healthy environment alongside other fundamental legal guarantees, regardless of our biology, the community to which we belong, our socio-economic status or where we live?

Would this be another argument for discussing the Constitution? We are ready.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

December 8th, 2020 / 6:45 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to thank the hon. member for Cumberland—Colchester for bringing forward Bill C-230. It is an honour for me to second it.

My home was originally in Nova Scotia, and my first experience in understanding environmental racism was the horror of the Sydney tar ponds in industrial Cape Breton. They are now sort of cleaned up. They are at least buried. I am flagging that what was called the tar ponds was originally an estuary of the Mi'kmaq fishing grounds. The Mi'kmaq were forced off that land and put in Membertou in order to build a steel mill and coke oven, and the only African, Black, community in Cape Breton was between the coke ovens and the steel mill. The population had huge levels of cancer. It was the biggest toxic waste site in Canada.

I wish we had had the bill here in place then. I would ask the hon. member if she has any reflections on that, and thank her again.

National Strategy to Redress Environmental Racism ActPrivate Members' Business

December 8th, 2020 / 6:30 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

, seconded by the member for Saanich—Gulf Islands, moved that Bill C-230, An Act respecting the development of a national strategy to redress environmental racism be read the second time and referred to a committee.

She said: Mr. Speaker, “The land is our Mother, so when we lose value for the land...people lose value for the women.” Thus says Vanessa Gray of Aamjiwnaang first nation in Ontario, and I agree. It is also my firm belief that, like systemic racism, environmental racism is something that has been ignored for far too many years. The time has come for us to act to redress the problems of the past and make sure they do not continue. Surely it should be enshrined as a human right for all Canadians to have clean air, water and earth.

I first became aware of the issue of environmental racism five years ago when I first met Dr. Ingrid Waldron, a professor in the School of Nursing at Dalhousie University, at a coffee shop in Halifax near the provincial legislature where I worked as an MLA. At that time, Dr. Waldron explained what her research and data gathering was proving about the reality of environmental racism in Nova Scotia.

I suggested that creating a legislative bill to address the issue would be of help at that point in time in bringing it to public awareness and to the floor of government in Nova Scotia. Dr. Waldron and I worked together for several weeks on my very first private member's bill, Bill No. 111, the environmental racism prevention act, which I introduced in Province House in 2015.

Later on, Dr. Waldron wrote a book entitled There's Something in the Water, which highlights environmental racism in Black and indigenous communities across Nova Scotia. She recently partnered with Nova Scotian actor Elliot Page to create the 2019 documentary based on that book.

Upon my arrival in Ottawa as an MP a year ago, my first personal order of business was to introduce a similar bill, but this time as a national strategy, in order to address environmental racism across Canada. The scope of Bill C-230 is therefore broader and more comprehensive than my original provincial bill.

Bill C-230 would collect data, including socio-economic circumstances, physical and mental effects of communities affected by environmental racism across this land. These effects are wide-ranging, from skin rashes and upset stomachs to more serious ailments, such as respiratory illness, including asthma; cardiovascular disease; reproductive morbidity, including preterm births and babies born with Down syndrome; as well as cancers that disproportionately impact women. There is evidence that many chronic diseases in indigenous communities, for instance, are not primarily due to genetics or internal factors, but instead, to external factors, such as what is in the air, in the water and in our environment.

I would like to personally thank the member for Saanich—Gulf Islands at this time for seconding Bill C-230. I suggest this is an example of what Canadians truly want to see in their government, especially in these dangerous times, which is parliamentarians working together.

I would like to thank Dr. David Suzuki and the David Suzuki Foundation, the Blue Dot movement and The ENRICH Project for their endorsement for and support of this vital bill. I would also like to acknowledge and thank Dr. Ingrid Waldron for her passion, dedication, research and assiduous study, as well as for sharing her notes with me this evening, because environmental racism and its effects on racialized communities need to be heard by everybody.

As MP for Cumberland—Colchester, I would like to explain what environmental racism is. It refers to the disproportionate location and greater exposure of indigenous, Black and other racialized communities to polluting industries and other environmental hazards. These toxic burdens have been linked to high rates of cancer, as I have said, and other health problems in these communities.

From the decision approximately 60 years ago to off-load pulp mill effluent into Pictou Landing first nation's once pristine boat harbour and toxic landfills and dumps placed in the African Nova Scotian communities of Shelburne, Lincolnville and Africville to mercury contamination in Grassy Narrows First Nation, petrochemical facilities in the chemical valley of Ontario and in British Columbia, the legacy of environmental racism can no longer be ignored.

Bill C-230 is asking the Minister of Environment and Climate Change to develop a strategy that must include measures to:

(a) examine the link between race, socio-economic status and environmental risk;

(b) collect information and statistics relating to the location of environmental hazards;

(c) collect information and statistics relating to negative health outcomes in communities that have been affected by environmental racism;

(d) assess the administration and enforcement of environmental laws in each province; and

(e) address environmental racism including in relation to

(i) possible amendments to federal laws, policies and programs,

(ii) the involvement of community groups in environmental policy-making,

(iii) compensation for individuals or communities,

(iv) ongoing funding for affected communities, and

(v) access of affected communities to clean air and water.

I would contend that indigenous and Black women have been building grassroots environmental and social justice movements for decades to challenge the legal, political and corporate agendas that sanction and enable environmental racism and other forms of colonial violence in their communities. Colonial gendered violence continues today and includes the crisis of missing and murdered indigenous women, the displacement of indigenous people from their lands by corporate resource-extraction projects, anti-Black and anti-indigenous police violence and other forms of state-sanctioned violence that make it difficult for indigenous and Black peoples and women to meet their basic needs with respect to employment, income, health care and other resources.

Colonization and genocide are tied to the intersections of indigenous lands and bodies. Women experience violence because they are the ones who are responsible for taking care of the land and holding it for future generations. Therefore, gendered violence that harms women specifically, also harms nations which makes it easier to take possession of the land.

For indigenous women specifically, production and reproduction, land and life, resistance and survival are all intimately connected. There is no separation. Therefore, the indigenous role in fighting against environmental racism by defending their land and territory and protecting their water are acts of resistance against gendered oppression.

What is environmental racism exactly? How do we define it?

Environmental racism is racial discrimination in the disproportionate location and greater exposure of indigenous and racialized communities to contamination and pollution from polluting industries and other environmentally hazardous activities, as I said, but also in in the lack of political power these communities have for resisting the placement of industrial polluters in their communities; in the implementation of policies that sanction the harmful and, in many cases, life-threatening presence of poisons in these communities; in the disproportionate negative impacts of environmental policies that result in differential rates of clean up of environmental contaminants in these communities; and in the history of excluding indigenous and racialized communities from mainstream environmental groups, decision-making boards, commissions and regulatory bodies and in the feminist movement.

Regarding the health effects of environmental racism in Canada, the health risks associated with that include, as I have said, all of these various different types of serious illnesses. Studies provide evidence that health effects of environmental racism are both gendered and racialized and impact indigenous women in specific ways, most notably the impacts on reproductive health. One of the most significant ways that environmental racism impacts indigenous women specifically is through the detrimental health effects of toxic contaminants that include high levels of toxins in breast milk, placenta, placenta cord blood, blood serum and body fat as well as infertility, miscarriages, premature births, premature menopause, reproductive system cancers and an inability to produce healthy children due to compromised endocrine and immune systems while in utero.

This bill, Bill C-230, is important. Why is it important? It would play a significant role in addressing the legacy of environmental racism in Canada and ensure that these communities would have access to clean air and water, to which all Canadians have a right.

It would also help address environmental health inequities in indigenous and Black communities that are outcomes of these communities' proximity to environmental contamination and pollution.

It is up to those with power, and not the people impacted by environmental racism, to address the problem. Those who have the most influence and the strongest voices need to be part of the solution. It is important that all communities have the power to control their environment. Currently, indigenous, Black and other racialized communities, non-white communities, do not have that power. When they do not have a say in what happens in their communities, we all suffer.

Bill C-230 addresses this imbalance of power and benefits everyone. It is good for all of us. It is good for Canada. It would provide an opportunity for the communities most affected by environmental racism to be involved in environmental policy-making.

According to a Lincolnville resident in Nova Scotia, who is mentioned in Dr. Waldron's book There's Something in the Water, community members have experienced worsening health since the first generation landfill was placed in their community in 1974, including increased rates of cancer and diabetes.

This person also says:

“If you look at the health of the community prior to 1974 before the landfill site was located in our community, our community seemed to be healthier. From 1974 on until the present day, we noticed our people's health seems to be going downhill. Our people seem to be passing on at a younger age. They are contracting different types of cancer that we never heard of prior to 1974. Our stomach cancer seems to be on the rise.... Our people end up with tumours in their body. And, we're at a loss of, you know, of what's causing it. The Municipality says that there's no way that the landfill site is affecting us, but if the landfill site located in other areas is having an impact on people's health, then shouldn't the landfill site located next to our community be having an impact on our health too?”

Perhaps no other African-Canadian community has served as a more classic example and symbol of both gentrification and environmental racism than Africville: the former Black community on the shores of the Bedford Basin.

By 1965, the City of Halifax had embarked on an urban renewal campaign resulting in the forcible displacement of Africville's residents, resulting in the area becoming host to a number of environmental and social hazards, such as a fertilizer plant, a slaughterhouse, a tar factory, a stone and coal crushing plant, a cotton factory, a prison, three systems of railway tracks and an open dump.

I ask that all members of the House support this bill. Let us be a first. Let us make this something we can all be proud of, and let us do this for the people of Canada.

Emancipation DayPrivate Members' Business

December 8th, 2020 / 6:30 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

We will leave it there for now, but the hon. member for Winnipeg North will have four and a half minutes remaining in his time when the House next gets back to debate on the question.

The time provided for consideration of this item of Private Members' Business has now expired, and the order is dropped to the bottom of the order of precedence on the Order Paper.

It being 6:30 p.m., pursuant to Standing Order 37(7), the House will now proceed to the consideration of Bill C-230 under Private Members' Business.

October 21st, 2020 / 4:50 p.m.
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Liberal

The Chair Liberal Ginette Petitpas Taylor

No. Thank you so much for that. That's great.

Perhaps now we can proceed through each item. To be efficient with our time, we could maybe just go through them item by item, and if there are no questions or comments, we can dispose of them fairly quickly. We'll be able to address the ones for which there is debate.

Does that sound appropriate to everyone?

We'll start off, then, with Bill C-210. Does anyone have any issues or comments about that one? No.

Next is Bill C-238.

I see there are no comments, so we'll move right along to Bill C-224. Good.

Next is Bill C-215. No comments.

Next is Bill C-204, and now Bill C-229.

I'm not going to jinx it, but we're on a roll.

Now we have Bill C-218 and a motion, M-34.

Next we have Bill C-214, Bill C-220, Bill C-221, Bill C-222 and Bill C-213.

I love working with women.

Next is Bill C-223, followed by M-35.

Now we have Bill C-206, Bill C-216, Bill C-208, Bill C-205, Bill C-237, Bill C-225, Bill C-228, Bill C-236, Bill C-230 and Bill C-232.

National Strategy to Redress Environmental Racism ActRoutine Proceedings

February 26th, 2020 / 3:40 p.m.
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Liberal

Lenore Zann Liberal Cumberland—Colchester, NS

seconded by the member for Saanich—Gulf Islands, moved for leave to introduce Bill C-230, an act respecting the development of a national strategy to redress environmental racism.

She said: Mr. Speaker, Wela’lin Al-Su-Sid.

An act respecting the development of a national strategy to redress environmental racism could also be called, in short, a national strategy to redress environmental racism act.

Environmental racism can be defined as the disproportionate number of environmentally hazardous sites established in areas inhabited primarily by members of indigenous and other racialized communities.

The enactment would require the Minister of Environment, in consultation with representatives of provincial and municipal governments, indigenous communities and other affected communities, to develop a national strategy to promote efforts across Canada to redress the harm caused by environmental racism. It would also provide for reporting requirements in relation to the strategy.

I introduced a bill similar to this in Nova Scotia several years ago. It reached second reading and we debated it on the floor of the House, at which point people in Nova Scotia started to understand what exactly environmental racism was. Since then there has been a book written about it, called There's Something in the Water, by Dr. Ingrid Waldron, which has now been made into a documentary by Ellen Page that will soon be available on Netflix.

I look forward to hearing debate in the House, and I hope all parties will support this important bill going forward.

(Motions deemed adopted, bill read the first time and printed)