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Environment committee  I would just agree, so you can—

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  Absolutely not. I think there's an obligation. You know, if I can't get support to do the research, you're relying on my ability to do it for free or to get students to do it for free. There has to be some ability by the federal government to help and to have scientists and others involved in decision processes like these, especially for large complex processes.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  Sorry, no. What I meant by that is that as we reduce the number of scientists and other people in government who can participate in these processes, we're then relying on others to participate. So we need to make sure there are participatory processes available for them to bring forward some of the important data that might otherwise have been brought forward by government agencies.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  What I would say is that it's been challenging where there have been multi-jurisdictional assessments, or bilateral assessments that haven't involved the federal government. It's been challenging when the federal government hasn't come to provincial hearings, even though it's a joint process or harmonized process.

November 3rd, 2011Committee meeting

Prof. John Sinclair

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  In Manitoba, we had a process wherein we sat down for quite some time and thought about this. This was a multi-stakeholder group brought together by the province. We had some agreement quite early on the initiation of the process. That could be within the legislated process or on behalf of the proponent, following directions provided for in legislation.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  I agree as well and would just add that I think that's the direction that things are moving in other jurisdictions as well.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  There's a practitioner, David Lawrence, a colleague of mine, who has published quite a bit on the significance test. If he isn't coming before the committee, I would recommend that you have a look at some of his work in that regard, because he has thought more about that test than I have.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  Sure, we can make sure you get his work. Maybe Bob, do you want to...?

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  Thank you. During the five-year review, we had near consensus on what meaningful participation was at the regulatory advisory committee, which comprised industry and first nations and environmental groups. It included a number of criteria that are in my brief, so I won't repeat them.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  Here's my experience. In working with all of the provincial jurisdictions across Canada, everybody thinks that their process is the best and that CEAA's is the worst. I've actually published about that. So you're starting at a disadvantage when nobody thinks you're very good to start with.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  I think that's the challenge before you, to identify how you would try to come up with some criteria of what a project of national significance is. As I've mentioned already with the Australian example, what they used were other pieces of legislation. For them, one thing that's very important is biodiversity.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  Sure. Thank you. For some time, the Canadian Environmental Assessment Act has allowed mediation to occur as an alternative dispute resolution technique. We've just finished some research published in the Dalhousie Law Journal that looked at why mediation wasn't being used as much as it could be under the act currently, and how it might be used more.

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  I'm sorry, the audio equipment—

November 3rd, 2011Committee meeting

Prof. John Sinclair

Environment committee  The earlier they participate, the better. That's early and often. The sooner the public can be involved in the approval cycle, the better. It's no use bringing people in to participate in a process if the decisions have already been made about what we will do, and how we will do it.

November 3rd, 2011Committee meeting

Prof. John Sinclair