Health Canada has consistently been the weak link in CEPA. It's meant to cover both health and environment, and that's always been.... There were a few cases with sulphur and gas regulations where they came through, but it's been a notable and consistent gap in the administration of the act. We need to remember that health is part of the goals. It's part of the definition of “toxic”, which puts a substance on schedule 1.
Indeed, many of the key threats, particularly the criteria of air pollutants and conventional toxic substances, are on that list already. With a few exceptions, relatively little use has been made of that authority. A certain number of occasional threats go there, but they do not actually do it.
In terms of a right to a healthy environment, it's complex. I think that there is certainly a case to be made. Many people.... David Boyd has, and Linda Duncan in her previous capacity on the committee did. That would certainly draw attention.
The biggest problem in a Canadian context and a common law context is that it's not clear that the courts would entirely know what to do with that, but it would certainly send a very clear signal in terms of Parliament's intent around the administration of the act.