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Environment committee There are two ways it can be done. As Mr. Warawa noted, there have been decisions in Canada where the courts have alluded to it. So far, though, none of the decisions have firmly established that the doctrine exists in Canada, or the content and meaning of it. Most of the academ
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee Exactly, so if you do it this way, through the legislation, you're going to affirm immediately that yes, this is part of Canadian law, and for parliamentarians this will allow you to define precisely what you want the content and meaning of this doctrine to be. If you leave that
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee Our computer is not working, so I can't double-check the—
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee They all do the same thing. Basically, in all four of these acts they're saying that whatever this domestic law we're dealing with, the Marine Liability Act is the one that prevails in the case of an inconsistency, which is the domestic law implementing the international law.
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee Yes. It's the Marine Liability Act that prevails.
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee Mr. Scarpaleggia's?
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee The provisions of that act, the Marine Liability Act. Sorry, the Marine Liability Act and the convention say the same thing. The reason this wording—
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee That's right, because if you reference the international law, I think there are concerns in some circles about subjecting Canadian sovereignty to international law, which people are sometimes uncomfortable with. If you reference the Marine Liability Act, then we're only subjectin
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee Right.
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee Guyanne is distributing some examples of wording used in some other legislation to deal with this particular issue, which was raised by the shipping industry. These are just a selection from four different acts of ways that it's been dealt with. As you'll see in most of them, the
February 10th, 2011Committee meeting
Kristen Courtney
Environment committee It's not legal advice.
December 15th, 2010Committee meeting
Kristen Courtney
Environment committee I would have to look into it, to be sure, but of course the committee can define it how it wishes in the definitions section.
December 15th, 2010Committee meeting
Kristen Courtney
Environment committee Certainly, if you wanted to.... I stand to be corrected, but I believe Mr. Woodworth's concerns could be addressed through the definitions.
December 15th, 2010Committee meeting
Kristen Courtney
Environment committee You're right, it was Theresa McClenaghan of the Canadian Environmental Law Association.
December 15th, 2010Committee meeting
Kristen Courtney
Environment committee I think the purpose of retaining the word deny there is because you've got two parts after that. So no, the Government of Canada can't deny a person standing to participate in a court matter, but the Government of Canada can deny a person standing--the first part says “to partici
December 15th, 2010Committee meeting
Kristen Courtney