Environment committee  You're pushing me a little way there. I'm not sure quite how many consequential kinds of laws could then be passed if.... Obviously that is not directly associated with the production of greenhouse gas emissions, although you're saying it's a consequence of something that is a

Environment committee  Under the bill as it now stands, if it were not limited in the kinds of ways that Mr. Elgie and Mr. Castrilli have suggested, and if it were valid, the Governor in Council could direct that the coal-fired plants that generate electricity in Ontario be closed and be replaced with

Environment committee  There has been a little bit of inconclusive case law on the degree to which a federal law can bind provinces, but most of the cases say that if a federal law is passed within the scope of a federal power, it can be binding on the provinces. Take, for example, the GST legislation

Environment committee  Yes. Absolutely, it will. What the Hydro-Québec case said was that if part of the criminal prohibition is going to be designed by the executive, then Parliament itself has to provide the guidelines to carefully tailor the power and not simply hand it over to the Governor in Coun

Environment committee  No, I have no comment on the ambition of the target, except in the sense that we know the target will call for a wide range of severe regulatory measures, and all that is being handed to the Governor in Council without any direction.

Environment committee  In principle, yes, I do. What, to me, is wrong with the legislation, both under the criminal law power and the peace, order, and good government power, is it sets a target, a target that we know will be extraordinarily difficult to achieve, that will require very pervasive regul

Environment committee  Excuse me, sir, for responding in English. If the regulation-making power were limited to the kinds of things suggested in the various subheadings in subclause 10(1), in the ways that have been suggested by Mr. Elgie, there would be a much stronger case for upholding the legisl

Environment committee  Thank you, Mr. Godfrey. As a matter of constitutional law, the analogy with wartime is probably not effective. In the First World War and the Second World War, the War Measures Act authorized the entire government of the nation to come under regulation, including areas that in p

Environment committee  Thank you, Mr. Chair.

Environment committee  Thank you, Mr. Chair. You have my written submission. For the purpose of the translator, all I am going to say orally is the little piece under credentials on page 1 and the conclusion on page 4. That's all I will say orally. Mr. Chair, I am a professor emeritus and former dean

Environment committee  The constitutional problem with Bill C-377 is that it leaves the reduction of greenhouse gas emissions solely to the regulation-making power vested in the executive. The only direction given to the Governor in Council as to the nature of the regulations is that they must be “to c