Environment committee  No, I think judges have to know that the legislature takes it very seriously. Certainly they will know that by the maximums, but I'm not saying that minimums are necessarily a bad thing.

Environment committee  That's what it appears to say. It seems to create an absolute liability, and I think it's unconstitutional. It would actually have to be a pollution offence, but it could easily happen that there could be an oil spill in the course of a hijacking or some sort of a spill of nasty

Environment committee  Well, in the absence of any defence, yes. That's what strict liability is. Strict liability is where you have defences like due diligence and officially induced error.

Environment committee  I don't know whether the courts are being tough enough in the fines they're handing down now, but the real problem is the problem that you don't see. You've created liability for officers, directors, employees, people like that. I'll tell you what happens; you probably know anywa

Environment committee  I think there's some merit to the mandatory minimums. They do raise the bar.

Environment committee  In general, yes. When you read the reasons for a judgment, it usually makes sense, but a person may not believe or accept that the findings of fact were as comprehensive as they should have been, and that of course would make a difference in the sentencing.

Environment committee  There is some creative English. People can be “jointly and severally, or solidarily, liable”. S-O-L-I-D-A-R-I-L-Y. What in the world is that? The word doesn't appear in the Canadian Oxford Dictionary. I have practised law for 40 years, and I have never heard of anyone being solid

Environment committee  Yes.

Environment committee  That's what it says.

Environment committee  No, that's nonsense. The judge should have the power to act or not.

Environment committee  Private prosecution is essential. By way of example, Ecojustice, with two lawyers for the whole province of Alberta and 12 for all of Canada, was able to prosecute Suncor for the dead ducks. It took Canada and Alberta, with all its massive resources, month and months to decide th

Environment committee  No, I'm familiar with it. I've been looking at that legislation.

Environment committee  Well, the amendments to the Canadian Environmental Assessment Act are being reviewed by Ecojustice. Our Toronto office is taking the lead on that review. Our preliminary conclusion is that the environmental assessment act has been gutted. It has been effectively amended by regula

Environment committee  I can tell you that the prosecutors don't. Ontario has provisions similar to your provisions--restitution orders, compliance orders. The court can order the company to take steps to prevent a recurrence of the problem. It can order restitution to a victim of pollution. Ontario ha

Environment committee  No. I got a call on Thursday, and I understand Linda Duncan recommended that I be invited. So I started looking at the legislation on Friday and again yesterday. I did put quite a bit of work into it and I hope it will be productive.