Thank you, Mr. Chair.
We will vote against clause 23, which stipulates, among other things, that every resident of Canada or entity may seek recourse in the superior courts of the relevant province to protect the environment by bringing a civil action against a person who has contravened, or is likely to contravene, an act of Parliament or a regulation.
I would refer to the comments made by Department of Justice official Kathleen Roussel when she appeared on November 22. She was pretty clear about the fact that this sort of provision does not add any needed clarity. She said, and I quote:
Civil suits are definitely handled by the superior courts as a general rule. [...] It does not normally have to be specified. [...] I think it's more to clarify, although it wasn't necessary perhaps.
It does not need to be specified because the Constitution is clear on this point. In fact, section 12 of the Constitution Act, 1867, clearly establishes that each province has the exclusive authority to make laws in relation to property and civil rights in the province. And so we believe that the use of civil law in an attempt to protect the environment should come under the authority of the Government of Quebec, since it is in a better position to determine the measure's effectiveness and scope, and ensure that it does not have a detrimental effect on the judicial system.
Furthermore, Quebec has already recognized the right to a healthy environment and to its protection, and to the protection of the living species inhabiting it. And Quebec has always taken a responsible and balanced approach to ensuring that right. To that end, Quebec established parameters defining that right and enshrined it in the province's body of law.
I encourage you to read division III.1 of the Environment Quality Act, which sets out those provisions in sections 19.1 to 19.7. I would also encourage you to read Ontario's Environmental Bill of Rights, 1993, part VI of which stipulates all the conditions under which a civil action may be brought.
Therefore, we will vote against clause 23.