With all due respect, Mr. Hubbard, the expert panel report was completely ignored by the agency and by the minister. Had those recommendations been accepted, we would be back in the four corners of federal jurisdiction from 1975. We've been paying a lot of tributes to the Right Honourable Brian Mulroney, and certainly when the Mulroney government passed the environmental impact assessment regime, it was completely constitutional.
If we had returned to the advice of the expert panel—and we still could—then we would have a completely constitutional regime that would also deal comprehensively with federal projects, whereas currently a great number of them are no longer reviewed at all.
I mention, just for the committee's benefit, paragraph 242 of the referenced case, which pointed out that in the past, thousands of federal projects were reviewed every year, but that after the passage of the omnibus budget bill, Bill C-38, in 2012, that number dropped to 70 a year. In other words, the government was doing less while being found by the Supreme Court to be conducting itself in a way that was ultra vires.
I don't accept at all your evidence, Mr. Hubbard, that the department used or leveraged the report of Madame Gélinas, and I would urge you to consider it now.