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Health committee  Yes, I would submit that. I would also remind you that at the start of my presentation I referred to the biosecurity and biosafety aspects. The more the act concentrates on biosecurity, the more secure it is on a division-of-powers ground. That applies as well, by the way, to imp

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  I wanted to point out that a challenge on the basis of division of powers need not come from one of the provinces. It can come from anyone adversely affected by this act. It could come from a laboratory, for instance.

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  That's a tough question. I think that involves crystal ball gazing. Quebec in particular has shown an indication of willingness to challenge constitutionally when the federal government has moved into new areas, and this is a relatively new area, at least in certain aspects. It's

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  Could I respond on just one of the matters?

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  Thank you. It's clause 41, “Entry by inspectors”. I read it in not quite the same way as Ms. Allain was presenting. The reasonableness in there is that the inspector believes on reasonable grounds that an activity, to which this act or the regulations apply, is conducted, not tha

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  I am sorry to say, not at all.

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  Well, I think I had a pretty clear indication of the position of the Public Health Agency of Canada based on the presentations they've made to this committee and based on what I've read in the minutes up to now. I am not hearing anything substantially different today. I think t

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  Just very briefly, health researchers in Canada took a hit in the last federal budget, so already there is a concern that some of them may leave Canada for greener sites for conducting research. The concern about the increased cost to researchers is a valid concern. We're being t

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  I am not saying with certainty, and I would be foolish to say with certainty, that this bill is unconstitutional, so please don't misread me on that. I'm raising some concerns about its constitutionality, both on division of powers and on charter grounds. The charter argument is

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  In the evidence of the witnesses so far, I haven't heard a compelling argument as to why this bill should not be put on hold and that consultations happen and the legislation made much more complete. I have not heard a pressing need to proceed quickly with this bill.

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  I have maybe three more sentences. Wording should be added to this effect. Also, a confidentiality clause should be added to the bill that outlines broadly a duty on all parties to keep personal information confidential, subject to other provisions in the bill. I note that the

March 24th, 2009Committee meeting

Elaine Gibson

Health committee  Thank you. I have read through the testimony of other witnesses on this bill and I see three themes in particular emerging. First, there's the sense that the bill has not received sufficient consultation with affected communities. Second, there's a concern as to the inclusion of

March 24th, 2009Committee meeting

Elaine Gibson