Evidence of meeting #47 for Environment and Sustainable Development in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Kristen Courtney  Committee Researcher

9:05 a.m.

Conservative

The Chair Conservative James Bezan

Well, as I said on Tuesday--and I bring all of you guys back to chapter 3, pages 150 and 151--I have no power to censure. When you believe there's an issue of privilege, you can raise that.

I do encourage people to behave here. My job and authority as chair is to maintain decorum. But essentially your freedom of speech is free to rule here.

I do ask that you treat each other with the utmost respect. I didn't hear any disparaging comments by Mr. Warawa that were targeted at an individual. He might have said something about a party—

9:05 a.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

No, not true. Individual names.

9:05 a.m.

Conservative

The Chair Conservative James Bezan

Well, yes, I guess he did mention two members.

So I ask Mr. Warawa not to be attacking individual members of this committee or impugn their reputations. But at the same time, he is free to talk about what he wants, as he sees fit, although I'd prefer that it happens not on points of order but through the regular allotted times of debate.

Do you want to respond at all, Mr. Warawa?

9:05 a.m.

Conservative

Mark Warawa Conservative Langley, BC

Thank you, Chair.

What I was sharing was fact and the position that Ms. Murray, in the past, has supported the dumping of raw sewage into the Juan de Fuca Strait. If she has now seen the light and changed her position, I would love to hear that, but that's been her past position.

Also, with the dumping of raw sewage, just downstream from Mr. Scarpaleggia into the St. Lawrence, that's a big concern to myself and to many Canadians. I have not heard him speaking out against that to this point. I hope he has also changed his position.

Because we have two prominent Liberal members in this committee with that position of not speaking out against the dumping of raw sewage, then my assumption is that's a Liberal policy.

9:05 a.m.

Conservative

The Chair Conservative James Bezan

We're way into debate, and you know what? We're not going to have an apology from Mr. Warawa, I don't believe.

9:05 a.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Then I'm going to insist that I actually correct the record on that issue.

9:05 a.m.

Conservative

The Chair Conservative James Bezan

Okay. I'm going to give one minute to do that, and do it quickly, because we need to move on.

Kids, we want to get through the bill, and today's our chance to get through the bill, so let's get her done.

9:05 a.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Thank you, Mr. Chair. I appreciate that.

As the Minister of the Environment for British Columbia, I brought forward a liquid waste management plan for the greater Victoria area that added a substantial number of tests to the water at the outfalls of the sewage and a timeframe for those markers to require by law that a sewage treatment plant be brought forward. Lo and behold, within about three years that sewage plant was required and was being built.

So contrary to what the member is suggesting, which is completely false, my actions, as the Minister of the Environment, have resulted in this massive investment in sewage treatment that is under way at this point.

Thank you.

9:10 a.m.

Conservative

The Chair Conservative James Bezan

Okay.

Back to the debate on clause 28. The Conservatives have used up all their time.

9:10 a.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

I was going to intervene as well because I've been impugned.

Chair, if I may, I just—

9:10 a.m.

Conservative

The Chair Conservative James Bezan

Just quickly, please.

9:10 a.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

I've asked questions in the House to the government as to why it doesn't provide more funding to upgrade waste water treatment plants. I'm scandalized by the idea that raw sewage is being dumped in any waterway in this country. I've actually visited that sewage treatment plant in the east end of Montreal; that's how interested I am in that issue. I just want to be on the record.

9:10 a.m.

Conservative

The Chair Conservative James Bezan

Okay, let's move on.

Clause 28.

Ms. Duncan.

9:10 a.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Has Ms. Murray finished?

9:10 a.m.

Conservative

The Chair Conservative James Bezan

Yes. Well, you had your hand up. She can come back on clause 28 if she wants. They have about six minutes left.

9:10 a.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Okay. I didn't want to cut her off.

I think it's important to point out that we are debating clause 28 of this bill. It deals with the right to not be deprived, except by due process of law. It's right in the provision. There are lots of ways of providing due process of law, but it's essentially enshrining a right in the Bill of Rights. It has very little to do with litigation. There are lots of ways that one can assert those rights. It makes it clear that the government cannot remove those rights without following the due process of law, which is what this bill sets out to do.

Of course, rule of law is the dividing line between a dictatorship and a democracy. I would think that all the members at this table hold the position that Canada should be running its affairs through the rule of law in a democratic fashion.

The whole intent of adding this provision is to bring us in step with the majority of democratic nations around the world. As was pointed out to us in testimony, approximately 170 UN member countries have recognized the right to a healthy environment. More than 85 of those nations have actually amended their constitutions. I have not made that recommendation, because opening up a constitution is a monumental process. Instead, the recommendation is to amend the Bill of Rights, and when we look at the context of the Bill of Rights, I think it makes a very sound case.

I find Mr. Sopuck's comments about this right harming rural organizations to be absolutely offensive. The majority of organizations and individuals who have contacted me in support of this bill are small rural organizations. They desperately want these rights and opportunities. When he speaks of giving people the opportunity to fight against the firepower of foreign-powered entities or large entities, that's the right of small rural communities and aboriginal communities to fight against major international operations that are about to devastate their areas or draw down their water. If he had spent time in Alberta, as I have for my entire life, he would know about the battles, the lines drawn, and the changes in the political landscape of Alberta--100% because rural Alberta feels that the government is not representing their interests in protecting their lands, waters, and wildlife. This is precisely what this bill will do at the federal level.

I find the comments absolutely peculiar. If you look at the number of organizations and entities that regularly appeal permits, and so forth, it's the small farm organizations that are concerned that towns want the revenue from a massive intensive feedlot, from a proposed hazardous waste landfill, from an oil sands operation, from the emissions from a sour gas facility. They're farmers, they're rural communities, and they are the ones seeking these rights and opportunities.

I remain puzzled that Mr. Sopuck spoke about the rights of small rural communities to express their rights, yet voted against clauses 11 and 12 that specifically would have given those communities the right to participate in environmental decision-making where they felt that their families' heritage farms, their enjoyment of their properties, and their access to traditional hunting grounds were impacted. This provision has absolutely nothing to do with the right to go to court and has everything to do with the right to ensure that their right to a healthy environment is not taken away without due process of law.

9:10 a.m.

Conservative

The Chair Conservative James Bezan

Thank you.

9:10 a.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

See no other hands, we shall go to the vote.

(Clause 28 agreed to)

9:15 a.m.

Conservative

The Chair Conservative James Bezan

We will now go back to the stood clauses, starting with clause 2.

(On clause 2--Definitions)

We'll go to amendment NDP-2.

Ms. Duncan, can you please move it?

Mr. Woodworth.

9:15 a.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

I just want to clarify the procedure. I think we stood clauses 2, 6, and 9—

9:15 a.m.

Conservative

The Chair Conservative James Bezan

Yes.

9:15 a.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

—and the preamble, and my understanding of the reason we stood the preamble and clause 2 was that those are sections that under committee practice need to be decided after the substantive provisions of the bill have been decided. If that is so, then I would have expected that we would be dealing with clauses 6 and 9 before we get to the preamble or clause 2.

I don't profess to be an expert on committee rules, but if that was the principle that caused us to stand the preamble and clause 2 originally, then I would think we should finish with the substantive clauses first and then move to the preamble and clause 2.

9:15 a.m.

Conservative

The Chair Conservative James Bezan

The preamble is always held to the end of the bill regardless of process, and we will get to the preamble after we do the stood clauses.

The reason we are dealing with clause 2 now is that there is nothing in clause 6 or clause 9 or their subsequent amendments that will affect clause 2. So if there is no impact on clause 2, we can deal with it right now.

9:15 a.m.

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

The problem I have with that, Mr. Chair, is it is possible—and I'm not contemplating this myself—that substantive clauses might be amended from the floor during debate. Therefore we cannot know for certain whether or not clauses 6 and 9 will impact clause 2 until we are completely finished with debate on those clauses.

9:15 a.m.

Conservative

The Chair Conservative James Bezan

You guys are the masters of your own domain, so if the committee feels it wants to do clauses 6 and 9 first and come back to clause 2, we can do that.