Thank you, Chair.
Just so we have this in context, I would like to read clause 10:
10. (1) On or before May 31 of each year, the Minister shall prepare a statement setting out
(a) the measures taken by the Government of Canada to ensure that its commitment under section 5 and the targets set out in the target plan are being met, including measures taken in respect of
(i) regulated emission limits and performance standards,
(ii) market-based mechanisms such as emissions trading or offsets,
(iii) spending or fiscal incentives, including a just transition fund for industry, and
(iv) cooperation or agreements with provinces, territories or other governments; and
(b) the Canadian greenhouse gas emission reductions that are reasonably expected to result from each of those measures in each of the next ten years.
Then we have this amendment from Mr. Cullen:
(c) the level of Canadian greenhouse gas emissions in each of the following ten years to be used as a baseline to quantify the reductions referred to in paragraph (b).
We've seen, Chair, eight amendments from the NDP, three from the Bloc, and six from the Liberals. I reckon back to a comment made by the Bloc. When we heard the testimony of, I think, the last group of witnesses, I think it was Mr. Bigras--he can correct me if I'm wrong--who said that maybe this bill should be rewritten.
We heard testimony from Mr. Layton that basically he had help writing the bill, but he was basically setting targets. We heard clearly that there was no policy attached to it, that there was no plan, no costing; it was just wishful thinking to deal with greenhouse gas emissions and climate change.
What we've seen resulting from that is witnesses testifying that there are some very serious constitutional issues with Bill C-377 and that it wouldn't stand up. We've heard that it would not achieve anything. Mr. Layton equated it to the impossible dream. He didn't break into song, but I was ready to join him if he did.
In all seriousness, through all the groups of witnesses we heard a common theme: the necessity of an impact analysis. What I shared at our last meeting was the commissioner's statement about how important it is--that in order to have successful action by government, you need to have conducted an economic, social, environmental, and risk analysis. That's all missing.
What I wish we would have heard from the NDP is an admission of what we heard through all the testimony from every group of witnesses, and from what I believe was the vast majority of the witnesses: that Bill C-377 is not going to accomplish what it says it would like to see, which is a reduction in greenhouse gas emissions.
What I was hoping I would hear from Mr. Cullen is that he would.... With all these amendments--eight of them from the NDP--the bill is basically being rewritten. We don't know the results of the end product that we'll have. It doesn't have any critique other than debate around this table. I think it's important that it be critiqued.
I was hoping the bill would have been withdrawn, rewritten, and presented again to Parliament, because it was so badly written and so faulty. Now the same people who wrote the first draft are writing the second draft of amendments, with the assistance of the Bloc and the Liberals. I don't mean any disrespect, but neither one of those groups has a tremendous history in providing good action on the environment. We heard that also.
The committee has a responsibility to make sure the legislation that leaves here is good and that it's been critiqued. I don't want to repeat myself, but as I've mentioned, we've heard time and time again that it's very important that we have legislation that will take action.
The Government of Canada, with its Turning the Corner plan, has the toughest targets in Canadian history. It calls for 20% in absolute reductions by 2020 and 60% to 70% by 2050. Those are the toughest in Canadian history. What I particularly like about the Turning the Corner plan is that for the health of Canadians it also includes the quality of air that we breathe, both inside and outside. One Canadian death in 12 is directly related to the environment, to environmental causes, so we have a responsibility as parliamentarians to make sure the air we breathe is of good quality; otherwise, it means billions of dollars in health care costs. We also have a responsibility as parliamentarians to make sure we are doing our part globally to attack the issue of a warming climate, and this government is very committed to that.
That's why I take it so passionately that we need to have legislation coming out of this committee and going back to the House that is good. And Chair, because of the testimony we heard, I don't believe Bill C-377 is good.
I had just begun to share some of the concerns that I heard during the testimony yesterday. One of the people who shared at the committee was Mr. Peter Hogg. He was sharing with the committee the importance of the constitutional legitimacy of Bill C-377 and whether it would stand up to a challenge. He shared that he didn't believe it would. He shared that the Constitution Act of 1867 confers on the Parliament of Canada the power to make laws in relation to criminal law. The Supreme Court of Canada has held that a law will be classified as a criminal law if it has a valid criminal purpose backed by a prohibition and a penalty. As far as the valid criminal purpose is concerned, the court has held that the protection of the environment counts as a valid criminal purpose.
The purpose of Bill C-377 therefore qualifies as a valid criminal purpose. As far as the prohibition and a penalty are concerned, the question is whether Bill C-377 contains a prohibition and a penalty as those terms have been understood in the case of law. The courts have traditionally distinguished between criminal law and regulatory law, and the Criminal Code is a classic case of criminal law in that the act itself contains--