Bill C-438 (Historical)

Canadian Environmental Bill of Rights

An Act to enact the Canadian Environmental Bill of Rights and to make related amendments to other Acts

This enactment enacts the Canadian Environmental Bill of Rights, which provides that every person residing in Canada has the following rights:
(a) the right to a healthy and ecologically balanced environment;
(b) the right to reasonable, timely and affordable access to information regarding the environment;
(c) the right to effective, informed and timely public participation in decision-making regarding the environment, including in relation to any Act of Parliament respecting the environment and any environmental policy of the Government of Canada;
(d) the right to bring a matter regarding the protection of the environment before courts or tribunals; and
(e) the right to request a review of any Act of Parliament respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment imposes corresponding obligations on the Government of Canada to take all reasonable measures to give effect to the rights conferred.
The enactment also provides for an application by a person residing in Canada for an investigation by the responsible Minister of an offence under any Act of Parliament respecting the environment other than the Canadian Environmental Protection Act, 1999. In addition, it provides for an environmental protection action to be brought by a person in respect of such an investigation as well as an environmental protection action to be brought by a person against a person who has contravened or is likely to contravene an Act of Parliament respecting the environment if certain conditions are met.
The enactment amends the Auditor General Act to allow petitions for the review of any Act of Parliament to be made respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment amends the Federal Courts Act to allow an application for judicial review to be made by a person not directly affected by the matter in respect of which relief is sought if certain conditions are met, including the condition that the matter relate to the protection of the environment.
Finally, this enactment also amends the Canadian Bill of Rights to provide that the right of the individual to life, liberty and security of the person includes the right to a healthy and ecologically balanced environment.

National Strategy to Redress Environmental Racism Act

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I would like to thank the member for Cumberland—Colchester for bringing forward this important bill to address environmental racism. The bill tabled by the member requires the Minister of Environment and Climate Change to develop a national strategy to promote efforts across Canada to redress the harm caused by environmental racism. I certainly hope that the government will support this bill and take meaningful action to really redress environmental racism.

As we know, across Canada toxic dumps, polluting projects, risky pipelines, tainted drinking water and the effects of the climate crisis disproportionately hurt indigenous, Black and racialized communities. We need look no further to see the impacts of Canada’s colonial history on indigenous people. However, even as successive governments say they recognize these historical injustices, so far we are only seeing tiny, incremental measures to right such wrongs.

According to the government’s own website, currently there are 58 long-term drinking water advisories in first nations communities. There are two in British Columbia, six in Saskatchewan, four in Manitoba and 44 in Ontario. I should note that many of these communities have had such conditions for years, and in some cases for decades. The First Nations Health Authority’s Environmental Public Health Services indicate that there are both “do not use” and “do not consume” water advisories in our first nation communities.

“Do not consume” advisories are issued when a community's water system contains a contaminant, such as a chemical, that cannot be removed from the water by boiling. The water should not be used for drinking, brushing teeth, cooking, washing fruits and vegetables, making infant formula or other drinks, soups or ice cubes, for bathing infants and toddlers, or for pets.

“Do not use” advisories are issued when the water system contains contamination that cannot be removed by boiling and consumption of the water poses a health risk. Exposure to the water when bathing could cause skin, eye or nose irritation. In what universe is this okay?

Behind every community are the faces of the people: children, elders and people with disabilities. They are the faces of you and me. Water is life, yet they cannot access basic clean drinking water, which is essential to sustaining life.

This is happening in indigenous communities right now. This is what environmental racism looks like. As an ally of indigenous peoples, I have attended countless protests and rallies led by indigenous people: the first people, the protectors of mother earth, of water and land. They have demanded accountability. We have protested Canada’s ongoing active engagement in land dispossession and resource exploitation in their territories.

Look at what is happening with the Trans Mountain pipeline expansion. The Prime Minister ignored the voices of the indigenous people, elders and protectors of land. He ignored the science on the climate emergency, brought the Trans Mountain pipeline in and pushed ahead on the expansion.

The Prime Minister is completely oblivious to his own hypocrisy. He cannot call himself an environmentalist and buy a pipeline. Thousands of people have come out as allies to indigenous communities who are opposed to the expansion. Some have been arrested for fighting to protect the environment. Watch houses have been set up to monitor the situation, and people are there in the rain and snow. Land defenders continue to take to the streets to protest the TMX expansion. We must stop throwing away billions of dollars on the Trans Mountain pipeline expansion and fossil fuel subsidies.

The Parliamentary Budget Officer has analyzed the Trans Mountain pipeline and shown that, in all the scenarios it has modelled, there is almost no chance that the pipeline would be profitable. That undercuts the Liberals' claim that the pipeline is needed to pay for green energy investments.

The Tsleil-Waututh Nation conducted an independent assessment of the project and found that there was a 79% to 87% chance of a spill in its waters over the next 50 years if the project is built. In the worst-case scenario, it projected there is a 29% chance of a spill of over 100,000 barrels. The risks are real. The question is not whether there will be a spill; it is when there will be a spill. These risks are exactly the reason the Tsleil-Waututh Nation and other first nations have not given their free, prior and informed consent to the project.

The Prime Minister is buying the TMX pipeline and pushing ahead on its expansion, and this is a clear violation of the UN Declaration on the Rights of Indigenous Peoples. So much for the Prime Minister's most important relationship. This is no joke. The day the government announced it was buying the TMX pipeline, there were new environmental violations for the project.

The truth is that systemic discrimination has been embedded in our environmental policy-making. Enforcement of environmental regulations and laws is often lax. In fact, most recently, it was found that there have been repeat violations of COVID-19 protocols on the site. According to Burnaby Now, a report by the Canada Energy Regulator found there were “systemic non-compliances” of COVID-19 rules at the TMX expansion project.

Canada’s environmental decision-making process excludes indigenous, Black and racialized communities. Make no mistake about it: This is environmental injustice.

There are other examples of environmental racism in Canada, including the horrific mercury poisoning in Grassy Narrows. In addition to the frightening health effects of mercury poising and cancer from toxic waste, the high levels of contamination forced the community to stop commercial and tourist fishing, one of its last avenues for traditional economic living, while the Ontario government continued to insist the poisoned fish were safe to eat.

In urban areas, 25% of the neighbourhoods with the lowest socio-economic status are within a kilometre of a major polluting industrial facility, compared with just 7% of the wealthiest neighbourhoods. This results in an elevated risk of hospitalization for respiratory and cardiovascular illnesses.

In Vancouver East, our East Village neighbourhood has campaigned for years, fighting against odours coming from the poultry plant in the community. The community has learned that West Coast Reduction is looking at increasing emissions of ammonia, nitrogen oxide and sulphur oxides. Rightly, my constituents are concerned about this.

I have brought this up with Metro Vancouver, which regulates air quality for our region. Councillor Adriane Carr is the chair of the Metro Vancouver committee that oversees air quality, and she has advised that it will consider input from concerned parties right up to when the permit decision is made.

In another part of my riding, community members are concerned about the activities of the port. They have been raising concerns about the well-being of a bird marsh at Crab Park. They are concerned that the Port of Vancouver's security fence, which has been put around the four-acre empty parking lot beside Crab Park, will negatively impact the birds there, and they note there are 26 species of waterfowl in Burrard Inlet.

Crab Park is a sacred space for the people of the Downtown Eastside. They fought hard for it and of course they want to ensure that it is protected. They also want to see a healing lodge at Crab Park to support people in our community so they are able to access a safe place, a place of healing, especially in the face of so much stress and trauma from the homelessness crisis, the opioid crisis and now the pandemic.

In 2019, Baskut Tuncak, the UN special rapporteur on human rights and hazardous substances and wastes, wrote, “I observed a pervasive trend of inaction of the Canadian Government in the face of existing health threats from decades of historical and current environmental injustices and the cumulative impacts of toxic exposures by indigenous peoples.”

In September 2020, a report entitled “Visit to Canada—Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes” was submitted to the Human Rights Council. It states, “Pollution and exposure to toxic chemicals threaten the right to life, and a life with dignity”. It also says, “The invisible violence inflicted by toxics is an insidious burden disproportionately borne by Indigenous peoples in Canada.” Canadians have the right to a healthy environment.

Both Liberals and Conservatives have failed to put words into action and, in 2019, they voted against NDP Bill C-438, an act to enact the Canadian environmental bill of rights, which was tabled by former NDP MP Linda Duncan.

In this Parliament, they also failed to show up for NDP Bill C-232, an act respecting a climate emergency action framework, which calls for the recognition of the right of all Canadians to a safe, clean and healthy environment grounded in a commitment to upholding the UN Declaration on the Rights of Indigenous Peoples. This is a bill that was tabled by my colleague, the member for Winnipeg Centre—

The Environment

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I have three petitions to present to the House today.

The first petition is e-petition 2172. It contains the signatures of 1,836 Albertans. The petitioners call on the government to enact my bill, Bill C-438, which proposes to establish a Canadian environmental bill of rights, which would extend to all Canadians the right to a clean, healthy and ecologically balanced environment.

Mackenzie Valley Resource Management Act

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I wish to focus my comments on the first part of Bill C-88, the amendments to the Mackenzie Valley Resource Management Act. However, I cannot resist adding that contrary to the remarks the hon. member just made, it was the Harper government that took the power away from the National Energy Board to make the final decision of nay or yea for a pipeline and gave it to the cabinet, so the statement lacks a certain level of credibility.

Forty-five years ago, the federal government commissioned Judge Thomas Berger to lead an inquiry to investigate the social, environmental and economic impacts of a proposed gas pipeline that would run through the Yukon and the Mackenzie River Valley of the Northwest Territories. The Berger inquiry set the bar for proper consultation with communities, in particular with indigenous communities, on proposed major energy projects.

Justice Berger heard testimony from diverse groups with an interest in the pipeline. The inquiry was notable for the voice it gave to aboriginal people, whose traditional territory the pipeline was intended to traverse.

Berger travelled extensively in the north in preparation for and during the hearings, visiting all 35 communities along the Mackenzie River Valley, as well as other cities across Canada, to gauge public reaction. In his travels, he met with Dene, Inuit, Métis and non-aboriginal residents. He heard from experts. He held community meetings across the Northwest Territories and Yukon. This played an important role in shaping his views.

Sadly, despite my request, no similar community-level process was agreed to by the parliamentary committee on review of Bill C-69.

For the first time, intervenor funding was provided to aboriginal communities to ensure their voices would be heard. This inspired many of us to pursue similar rights and open processes for energy reviews in my province of Alberta and before the NEB. My Canadian environmental bill of rights, Bill C-438, is premised on these same basic rights and principles.

The commission recommended that no pipeline be built through northern Yukon and that a pipeline through the Mackenzie Valley should be delayed for 10 years.

His report's first volume, entitled “Northern Frontier, Northern Homeland”, highlighted the fact that while the Mackenzie Valley could be the site of the biggest project in the history of free enterprise, it was also home to many people whose lives would be immeasurably changed by the pipeline.

Berger was quoted as saying this:

The North is a frontier, but it is a homeland too, the homeland of the Dene, Inuit and Métis, as it is also the home of the white people who live there. And it is a heritage, a unique environment that we are called upon to preserve for all Canadians.

The commission found no significant economic benefit to northerners from the pipeline. The report was prescient in concluding that large-sale projects based on non-renewable energy sources rarely provide long-term employment and that those locals who did find work during construction could only find low-skill, low-wage positions.

In addition, Berger feared that the pipeline development would undermine local economies, which relied on hunting, fishing and trapping, possibly even increasing economic hardship. Berger ultimately found that the economy of the region would not be harmed by not building the pipeline.

The commission believed that the pipeline process had not taken native culture seriously and that any development needed to conform to the wishes of those who lived there.

Berger predicted that the social consequences of the pipeline would not only be serious; they would be devastating. The commission was particularly concerned about the role of indigenous peoples in development plans. At the time the report was released, there were several ongoing negotiations over native land claims in the area. Berger suggested that the pipeline construction be delayed until those claims were settled.

The commission found that the local population would not accept development activity without some control. In addition, land claims were part of a broader native rights issue that needed to be settled between the government and the first nations.

In Berger's view, rapid development in the north would preclude settlement of these important issues due to the influx of non-native populations and growing business interests.

The north today bears little resemblance to the north of Berger's time. The land is the same and the resources are still there, but the people of the north have changed. Most land claims have been settled. For many, the traditional ways of life have waned, and indigenous peoples are seizing control of their own destinies. Many who fought so fiercely against the Mackenzie Valley pipeline now favour building one, or building other developments, including a highway, but on their own terms, which include making sure the benefits flow to their communities over the long term.

In the previous Parliament, the Conservatives tacked on to a devolution bill regressive measures that directly contradicted any of the lessons of the Berger inquiry. Those measures also undermined rights within the constitutionally entrenched land claims and self-government agreements or modern treaties. These first nation final agreements provide that those communities most impacted by developments must have a direct voice.

The Conservatives' Bill C-15, contrary to the wish of northerners, eliminated four regional land and water co-management boards created under carefully negotiated first nation final agreements. Lawsuits successfully filed by the Tlicho and Sahtu First Nations succeeded in stopping these measures.

The bill before us, Bill C-88, restores the co-management boards, providing more effective voices for first nations in the development reviews and approvals. However, as my colleague, the MP for South Okanagan—West Kootenay, has pointed out, Bill C-88 could fully recognize and strengthen indigenous rights by entrenching the UNDRIP in this proposed law.

A few years back, I had the honour of attending a Dene gathering in Fort Providence with my former colleague, Dennis Bevington, the then Northwest Territories member of Parliament. I heard first-hand concerns from northerners about an oil spill that was discovered on the land by indigenous hunters and their struggle to receive the necessary assistance to monitor the cleanup of the disaster, so the struggle continues to have a true voice.

However, I also experienced the joy of seeing the mighty Mackenzie River running along the shores of Fort Providence, a magnificent transboundary river basin relied upon by many communities that have long deserved a greater voice in decision-making.

I look forward to supporting the bill before us.