Evidence of meeting #51 for Environment and Sustainable Development in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was subamendment.
A recording is available from Parliament.
NDP
Laurel Collins NDP Victoria, BC
Thank you, Mr. Chair.
This amendment is about the rights of nature. This is a conversation that's been happening among Canadians as well as internationally. We are giving people in Canada the right to a healthy environment, but also many advocates are arguing that forests, rivers and seas in and of themselves as legal entities can have rights.
I want to give a shout-out to my colleague Mr. Boulerice, who is currently working to protect the St. Lawrence River and giving that body of water legal rights. There are advocates in my home community of Victoria in the Songhees and Esquimalt nations who are also looking to have important areas and pieces of nature recognized as living entities that have legal rights, so this motion speaks to that, recognizing that nature has a right to be protected, preserved and restored.
Thank you.
Bloc
Monique Pauzé Bloc Repentigny, QC
I think I've lost track a little bit. When Mr. Duguid said he wasn't moving amendment G‑1, what happened to amendment BQ‑01? We didn't vote on that amendment, which everybody received at 10:48 a.m.
Liberal
The Chair Liberal Francis Scarpaleggia
I am being told that we will deal with amendment BQ‑01 after we have considered amendment NDP‑2.
Go ahead, Ms. Collins.
NDP
Laurel Collins NDP Victoria, BC
I spoke to it hoping that committee members will support recognizing that nature has the right to be protected, preserved and restored.
Liberal
Terry Duguid Liberal Winnipeg South, MB
Mr. Chair, I wonder if we could get officials to comment. As colleagues will know, we just held the biodiversity convention in Montreal and we have committed to protecting 30% of our land and waters by 2030. I think all of us around this table are committed to protecting nature, but my understanding is that there are some difficulties with the way CEPA is written in terms of the intent Ms. Collins has, and I wonder if the officials would comment.
Director General, Legislative and Regulatory Affairs, Environmental Protection Branch, Department of the Environment
Sure.
I think this was articulated in the debate the committee had on amendment NDP-4 last December, because this idea was also in the “duty” section of the bill, which we've gone through already. I think giving a right to nature, or elements of nature, would really change the scope of the right in the bill.
What's in the bill right now proposes recognition of a right of every individual to a healthy environment. This amendment is a completely different kind of concept. It would be a real shift in paradigm and require some careful consideration. There's nothing in the bill to operationalize it. Typically you have someone or something representing nature in order to give it standing in discussions, and the rest of that sort of mechanism isn't in the bill.
NDP
Laurel Collins NDP Victoria, BC
I understand that most of the committee members are likely going to vote against this amendment. As we move forward, even if this amendment is defeated, I do hope that the conversation around the rights of nature.... The advocates who have been putting forward specific forests, rivers and seas as legal entities that require protection are moving the needle on this conversation, and I hope that in the future we can see this principle incorporated into our legislation.
Liberal
The Chair Liberal Francis Scarpaleggia
I think it's going to be a topic in our water study. In fact, it might require another meeting in addition to the eight that we've agreed on, because it's a very important issue.
Are there any other comments? In all seriousness, it's a very interesting concept.
Go ahead, Mr. McLean.
Conservative
Greg McLean Conservative Calgary Centre, AB
I'll ask Ms. Collins to educate me in particular about other areas in Canada right now where legal concepts like rights, which are invented by humans, might apply elsewhere outside of a human concept at this point. What precedents are we setting and what are the limits that she foresees? Is this an expansionary period?
NDP
Laurel Collins NDP Victoria, BC
I want to thank Mr. McLean for his question.
I did reference the St. Lawrence River and the work of my colleague Alexandre Boulerice on this, and of the many advocates in the St. Lawrence area. I hope we are able to discuss this in more detail in the water study. However, there are a number of places here in Canada. Internationally, there have been huge movements when it comes to expanding these rights to nature and specific bodies of water in particular.
In my home community, the Songhees and Esquimalt first nations have also put out calls to action on reconciliation. One of those calls to action is around recognizing the rights of nature and recognizing nature as living entities, which comes from their world view and cultural experience. This is in support of those movements here in Canada and around the world, and those of nations in my home community as well.
Conservative
Greg McLean Conservative Calgary Centre, AB
Are we talking about movements as opposed to legal concepts at this point?
NDP
Laurel Collins NDP Victoria, BC
If you look to New Zealand, you'll see that there's been some successful legal movement around giving bodies of water rights as well. We can look to international examples.
Conservative
NDP
Laurel Collins NDP Victoria, BC
Bolivia is an example as well. Here in Canada these movements are pushing for legal changes similar to what has been done by our international peers.
Liberal
The Chair Liberal Francis Scarpaleggia
It's very complex, because you're sometimes dealing with provincial jurisdictions. You have to operationalize these concepts and then adjudicate them. It's going to be a very interesting discussion.
Are there any other points on this before we vote?
Liberal
Leah Taylor Roy Liberal Aurora—Oak Ridges—Richmond Hill, ON
This is just a quick point of order. We skipped over BQ-0.1.
Liberal
Liberal
Leah Taylor Roy Liberal Aurora—Oak Ridges—Richmond Hill, ON
There is. I'm sorry. It's not in my agenda.
That's great. Thank you.