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Environment committee It's a pleasure, Mr. Chairman, to be here. In fact, I'm really pleased to appear before this committee, because the Canadian environmental bill of rights reflects many of the experiences we're had in Ontario with our Environmental Bill of Rights. As the Environmental Commissione
November 22nd, 2010Committee meeting
Gord Miller
Environment committee It's interesting; the way I look at it is that it brings your proposal.... I mean, there is a very big difference between the federal commissioner and my office in terms of the way we're structured and the way we are intended to report to the legislature. I see the provisions
November 22nd, 2010Committee meeting
Gord Miller
Environment committee Well, one part of new and adventuresome is the cost funding in the legislation. That clearly is new and cutting-edge. The reverse of that, which is to use cost awards in proceedings before tribunals and courts has been used punitively, in my opinion, in Ontario. It becomes puniti
November 22nd, 2010Committee meeting
Gord Miller
Environment committee Oh, it's very important, because it's becoming very dominant in my day-to-day activity.
November 22nd, 2010Committee meeting
Gord Miller
Environment committee I'd give it a nine out of ten.
November 22nd, 2010Committee meeting
Gord Miller
Environment committee Well, I would argue that the right to request an investigation under the Ontario legislation is more powerful, in that it puts an obligation on the two applicants. They have to provide evidence. Their request doesn't have to be a prima facie court case, but it has to provide evid
November 22nd, 2010Committee meeting
Gord Miller
Environment committee Perhaps I would go so far as to say that perhaps I've overstated that in the sense that when I'm talking about comparability in my comments, I'm talking at a very general level, in that both pieces of legislation invite the public to participate in some kind of civil action. In
November 22nd, 2010Committee meeting
Gord Miller
Environment committee The other one is the harm to a public resource claim, which is quite different from what is in your proposed legislation. The only similarity is that they're both civil actions that can be brought.
November 22nd, 2010Committee meeting
Gord Miller
Environment committee It's a request for investigation.
November 22nd, 2010Committee meeting
Gord Miller
Environment committee There has to be a request for investigation, which may be turned down.
November 22nd, 2010Committee meeting
Gord Miller
Environment committee I agree. If I was unclear on that, I apologize. I agree with your analysis. There are more parameters. It is more restricting in its application. That was, in the design, the attempt...if you review the comments made at the time of drafting, the rights to sue, the actionable po
November 22nd, 2010Committee meeting
Gord Miller
Environment committee A quick response would be to say that, yes, on the environmental registry, the ability of the public to respond has evolved quickly in time in that thoughtful ministries are using it very effectively in multiple tiers to identify public concerns early with draft papers and such t
November 22nd, 2010Committee meeting
Gord Miller
Environment committee May I clarify? You didn't quite put it the way it's done. For instance, let's say we're talking about a piece of legislation. If there's an issue going on, I may become engaged; I may even on my own initiative bring forward an issue on such things. But once it has progressed to
November 22nd, 2010Committee meeting
Gord Miller
Environment committee I do not review legislation before.
November 22nd, 2010Committee meeting
Gord Miller
Environment committee It's after; once it's in the legislative process, I reserve all comment until it's concluded.
November 22nd, 2010Committee meeting
Gord Miller