Madam Speaker, I share the initial comments of my colleague for Saanich—Gulf Islands. We have both been involved in trying to strengthen federal, provincial, territorial, and international environmental law for many decades.
The very reason I ran for office was because of my fear that the Harper government would do exactly what it eventually did when it got a majority government, and that was to shred all federal environmental law that I had worked with many other Canadians to strengthen during my 40 years as an environmental lawyer, both within the federal government and in a non-governmental organization. I was very instrumental in achieving the famous Supreme Court of Canada case, Friends of the Oldman, where the court ruled that the environment was shared federal-provincial jurisdiction, and as a result of that, we got strengthened enforcement of federal environmental laws through co-operation between both orders of government.
As my colleague just said, in the 2015 election, the Prime Minister campaigned repeatedly with promises that if elected, he would immediately restore a strengthened federal environmental assessment process. He made the commitment that he would not approve any projects without first enacting that strengthened assessment process to ensure that decisions were based on science, facts, and evidence, and would serve the public interest. The Liberal election platform promised robust oversight and that any involvement of political interference in approving projects would be removed. The Liberals also promised to ensure that the rights of indigenous peoples would be upheld, and to review and restore protections lost under the previous Conservative government, including clear rights of the public to fully participate in reviews.
Canadians actually believed the promises they were given that the previous strong federal environmental assessment and protection laws would be restored immediately if there was a Liberal government. Many voted based on those promises.
The government also promised an open, transparent, and participatory government. As my colleague from the Conservative Party mentioned, so much for that promise of participation in the review of this omnibus bill.
How well would Bill C-69 deliver on these Liberal promises? Well, we have two main concerns: one is over the process by which the bill has come before the government and been reviewed, and the second is in what the bill offers.
Our foremost concern has been the perverse and undemocratic process that the Liberals imposed for the review of the bill, and the delay in enacting this law. As the parliamentary secretary just reminded us, Bill C-69 was long overdue. For Canadians who had great anticipation, finally—finally—the government has delivered on its promise, almost into the third year of its mandate.
The government continues to approve resource projects by relying on the Harper-eviscerated review process. Examples include the Kinder Morgan pipeline, the Petronas LNG facility, and the Site C dam. We were advised at committee by the assessment agency that there are many projects in the hopper that will continue under the eviscerated Harper assessment law, even if and when the bill before us is passed, so that legacy will last for some time because of the delay in bringing forward this legislation.
Where are we at with the enactment of a strengthened impact assessment process and the reinvention of the National Energy Board?
The government expended millions of dollars on two expert panels on these two subjects. Despite broad efforts at consultation, many of the key findings and recommendations have been discarded by this government.
This year, the government tabled Bill C-69, an omnibus bill of over 800 clauses, encompassing changes to three critical laws: the federal assessment of projects, establishing a new energy regulator, and a revised law on navigable waters. After waiting two and a half years, the Liberals finally tabled this law. They then imposed time allocation on debate of this massive omnibus bill. They refused our very sensible request to divide the bill and send the three parts to three separate committees. As my colleague for Saanich—Gulf Islands noted, logically the bill would have been divided into three parts and gone to the appropriate committees.
The transport committee had already reviewed the navigable waters law and made a number of recommendations. My colleague provided a very wise dissenting report to in fact deliver the strengths and protections the Liberals had promised. That could have allowed a timely and focused review of each part of the bill by the three respective committees, but no—the Liberals chose to send it all to one committee, our environment committee. Then they imposed a timeline for the review of this massive bill. Of course, it is a Liberal majority committee, so it agreed to this time restriction.
The committee then refused my request to travel to at least Alberta and B.C., over a two-day period, to hear from those communities and industries that would be most impacted by this bill. The committee said it was too expensive, that committees never travel to review bills, and it rejected that idea.
The committee severely reduced the witness list. As mentioned, we had two expert panels that travelled extensively. We had a list of the people who wanted to be consulted and who all wanted to be heard on this bill. The committee said we did not have time to hear from those people and substantially reduced that list.
It then said that people could submit a brief, but guess what? We were required to submit any amendments to this bill before we even received those briefs. Over 100 briefs recommending amendments to this bill were received after the deadline to submit amendments.
I still managed to submit over 100 amendments. I could have submitted more. They were all based on what indigenous Canadians, industry, municipalities, lawyers, and the expert panels had recommended. Over 300 were submitted by the opposition. Every last one of my amendments was voted down, regardless of where they came from and regardless of the strong recommendations from even the government's expert panel.
The government itself tabled more than 100 amendments. Is that maybe an indication that the bill was drafted in haste?
Only very few of the opposition amendments were accepted. One amendment on scientific integrity that both my colleague from Saanich—Gulf Islands and I had tabled was accepted. The Liberals reluctantly agreed to include a change to the bill to require scientific integrity, not by the proponent, but at least by the government.
Madam Speaker, as you are aware, because you read all the amendments today in this place, we tabled additional amendments at report stage to strengthen the bill and to make it reflect what Canadians have called for. We are ever hopeful that the government will accept some of those amendments.
What about the substance of the bill? Were substantive changes made to deliver on the promises by the government to restore credibility for federal assessment? Given the way the law is drafted, it is very difficult to say. Why is that? It is because it is rife with discretion. One of the intervenors listed endless lists of discretionary triggers. We have not even seen the project list, so no one, including potential proponents, has any idea what this bill will apply to. The government could simply defer to provinces and let them do the review. There is no prescribed duty to extend rights to the public to fully participate—to table evidence, to cross-examine, and so forth. That was one of the big issues of contention on the Kinder Morgan pipeline and energy east. This bill does not extend clear rights.
A big one was that the Liberals refused to prescribe the UNDRIP, yet in this place they voted for the bill brought forward by my colleague to incorporate the UNDRIP. The Minister of Justice has promised that, going forward, every federal law will incorporate those rights accorded under the UNDRIP. However, they did not do that, so there we are: not respecting the UNDRIP, not extending clear rights to the public to participate, with no real demand for sound science, not even a specific reference to the 2030 sustainable development goals, and the problems go on and on. We just voted in this place on a bill that does not even address those measures.
In closing, I regrettably would have to say that it is impossible for me to support this bill. We had great hope. There were huge promises that the government would restore a strong environmental law assessment process. However, it failed, which is very sad.