Madam Speaker, my goodness, I have so much to say to my colleague from Louis-Saint-Laurent. It is going to take a glass of wine or a beer to talk about it.
The Bloc Québécois supports the principle of Bill C‑219. We believe that it really needs to be studied in committee. At first glance, the bill seems to be well thought out and drafted, with its preamble clearly setting the context for this desire to include real access to the courts as part of the enforcement of the right to a healthy environment.
In reading this bill from my colleague from South Okanagan—West Kootenay, I am pleased to see something other than statements of principle, and to see more legally binding and prescriptive provisions. I am especially pleased that its content has the potential to have a tangible impact on Canadians, the environment and society in general.
Bill C‑219 also stands in contrast to what the Liberal government has given us. I am talking about its claim to have literally created a right to a healthy environment. I do not know about anyone else, but I believe that the word “creation” implies the idea of accomplishing something bigger than oneself.
Still, the Liberal government believes that, with Bill S‑5, which modernizes the Canadian Environmental Protection Act, it has done exactly that. We do not think so, however. In fact, senior officials confirmed that this is merely an interpretation key for the implementation of the Canadian Environmental Protection Act, which does not apply to other legislation and is to be defined at a later date by the Minister of the Environment.
Let me describe this as a communication strategy. What is the point of having a right if it is unenforceable, and if in the event that this right is violated, remedies and penalties are essentially symbolic and serve as neither a deterrent nor a punishment? The answer is obvious. Sadly, there is a lack of accountability for organizations and individuals who think that they are above the law and who commit reprehensible acts that cause serious harm to the natural environment, to the people who have to deal with it, and to society as a whole.
Since 2006, the Quebec Charter of Human Rights and Freedoms has established that “[e]very person has a right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law.”
The Bloc Québécois believes that the Quebec nation has sole jurisdiction over public decisions concerning the environment and Quebec's territory. Therefore, it seems to us that Bill C‑219, as drafted, will be enforceable under federal environmental legislation without adversely affecting the laws of Quebec or Quebec's environmental sovereignty.
In April 2022, members of the National Assembly of Quebec unanimously adopted a motion affirming the primacy of Quebec's jurisdiction in matters of the environment. I would like to make it perfectly clear that in matters of environmental protection, this essential condition must be met before the Bloc Québécois will support any legislative proposal.
Elected members from Quebec also unanimously oppose any environmental intervention by the federal government on Quebec's territory. We view this position, which we will voice systematically on the federal political stage, to be a true reflection of the interests and values of Quebeckers. That is our mandate.
The Bloc Québécois definitely supports the recognition of the right to a clean, healthy and sustainable environment as a universal human right. It has almost been one year since the General Assembly of the United Nations adopted a historic resolution declaring that access to a clean, healthy and sustainable environment is a universal human right.
There were 161 countries that voted in favour of the resolution. According to Secretary-General Antonio Guterres, if we want to make this right a reality, governments must recognize it and do what is required to make it a reality. Governments must also ratify and implement all existing multilateral agreements concerning environmental rights.
Obviously, Bill C‑219 will not make the right to a healthy environment a fundamental right like the rights that are guaranteed in the Canadian Charter of Rights and Freedoms. However, it is interesting to consider studying it in committee if only to examine and better interpret the legal, even constitutional, framework for a Canadian environmental bill of rights.
That said, the bill will amend “the Canadian Bill of Rights to provide that the right of the individual to life, liberty and security of the person includes the right to a healthy and ecologically balanced environment.” In that context, it makes sense to think that this right would be quasi-constitutional in scope.
In support of this scope, I should mention that the preamble to the bill states the following:
Whereas action or inaction that results in significant harm to the environment could be regarded as compromising the life, liberty or security of the person and as contrary to section 7 of the Canadian Charter of Rights and Freedoms;
Ultimately, my colleague's proposal creates a true right under Canadian environmental laws. It is a right that citizens could avail themselves of in order to require the government to investigate potential violations of environmental laws, to bring an environmental protection action against a person who has allegedly violated federal environmental laws, to file petitions on the review of any federal environmental law, and to file an application for judicial review, including by a person not directly affected by the subject matter of the application, if the matter concerns environmental protection. That is very interesting.
It is significant that the meaning of the word “environment” and the expression “healthy and ecologically balanced environment” is clarified under the “Interpretation“ heading.
I also appreciate that the bill includes the concept of the state as trustee of the public good. Protecting the environment means looking after society's collective interest, which is the role of the state, as much for those living now as for future generations. This principle, the fiduciary doctrine, is the very foundation of the progressive work leading to a better understanding and application of environmental rights around the world.
I must also applaud the Member for South Okanagan—West Kootenay for the attention he has given to an extremely valuable piece of legal content, a section entitled “Paramountcy of Principles of Environmental Law”.
In any legal context, it is vitally important to be able to rely on clear concepts and recognized definitions, if for no other reason than to allow the legislative branch to unambiguously express what the judiciary must have in mind when seized of a case.
I am referring to the polluter pays principle, the principle of sustainable development, the principle of generational equity and the principle of environmental justice. I could also talk about the principle of prudence, but it is not there. Instead, we have the precautionary principle. I want to reassure everyone that just because I was a professor in another life, that does not mean that I am going to flunk a member on their exam. I will just make the correction.
It is a typo. Looking at the English version of the Rio declaration of 1992, it clearly says “precautionary principle”. However, that was poorly translated. The French version refers to the “principe de prudence”, which has nothing to do with the environment. This flawed translation removed the very essence of this principle, which is central to the framework for implementing such a bill.
The Bloc Québécois succeeded in rallying the members of the Standing Committee on Environment and Sustainable Development around this correction during the study of Bill S‑5. The precautionary principle entails abstaining if there is a risk, whereas the idea of prudence instead suggests the authorization of an action and the management of its risk, which is very different. I know my colleague will be quick to make this change. Like the Bloc Québécois, I am sure he sees recognition of the precautionary principle as essential to the framework for implementing legislation to protect the environment.
In conclusion, I repeat that the Bloc Québécois will vote in favour of Bill C‑219.