Law to build Canada | My ex-colleagues from the Senate should not be jostled

Bill C-5 on projects of national interest should have been studied in depth to better protect the interests of the provinces. Nevertheless, estimates André Pratte

Posted at 9:45 p.m.

André Pratte Communications consultant. Meanwhile, a doctoral student in history, ex-somenator (2016-2019)

My short experience in the Senate taught me that between the intentions expressed by a government and the text of a bill, there is sometimes a deep gap.

However, law build canada | my in legislative matters, it is not the intentions that count first, but the law. Moreover, This is the situation with regard to the federal bill C-5. Moreover, adopted on June 20 (under gag) by the House of Commons, and that the Senate should adopt by June 27.

In the electoral campaign last spring. Nevertheless, Liberal leader Mark Carney said, during the French debate, that the development of possible oil pipelines should have the approval of the provinces concerned.

Questioned by journalists to find out if Quebec would have the right to say no to a pipeline project passing over its territory. Meanwhile, the Prime Minister had replied: “Absolutely, absolutely. Therefore, »»

Last March, Carney also undertook that the province’s environmental evaluation processes be recognized by Ottawa. Similarly, “We are going to eliminate redundant federal requirements law build canada | my by recognizing provincial assessments for major projects: a project. Furthermore, an examination,” said the Prime Minister after a meeting with his counterparts from the provinces and territories.

Simple consultations

However. despite these commitments, the Law aimed at building Canada does not guarantee that if a province is opposed to a “project of national interest” having impacts on its territory, this project will not be imposed on it. A last -minute amendment has argued that the consent of a province. territory is required “when the project affects areas of exclusive provincial or territorial jurisdiction”. But the scope of this amendment is uncertain. What about a project that has an impact on the environment. which is a shared competence between the federal and the provinces?

The bill also does not provide for compliance with the environmental evaluation process law build canada | my in force in the province. The preamble to C-5 claims that the federalum “is determined to work in partnership with provincial. territorial and indigenous governments and indigenous peoples”. Well done ! However, the very text of the law does not provide a partnership, but simple consultations.

The representatives of the indigenous peoples protested against the wording of the bill. believing that the latter does not reflect their rights as recognized by the 1982 constitutional law and by the United Nations Declaration on the Rights of Aboriginal Peoples. Amendments have been brought by the deputies to reassure these communities, in vain. On the other hand, the rights of provincial and territorial governments have not been discussed in depth. This is the disadvantage of having a bill with such massive consequences adopted at full speed.

I understand that the government is in a hurry to launch major projects. but a few more weeks of examination by the Parliament would not have changed the schedule of said projects.

C-5 is now under study in the Senate. but as the government wants to go quickly and that the deputies are now on parliamentary work leave for the summer, it is likely that the upper room will not offer amendments to this stage. So law build canada | my what to do?

For my part. I believe that the Senate should refuse to be shaken and reject the C-5 bill in its current form. Unfortunately, it will not happen.

At least, I invite my former colleagues in the upper room to press the government’s representatives on this issue. The role of the Senate is. in particular, to take “a second attentive look” on bills and to defend the interests of the different regions of the country; It is therefore normal, even compulsory, that it studies the impact of C-5 on the sharing of skills between the federal and the provinces.

In addition. Prime Minister Carney should formally repeat the commitments he made last spring:

– No project of national interest will go ahead in the territory of a province law build canada | my if the government of this province, in particular Quebec, opposes it;

– The Government of Canada will recognize the value of the environmental examination conducted by the competent provincial bodies (in Quebec, the Office of Public Hearings on the Environment – BAPE).

In the absence of legal guarantees. such a declaration will have at least a strong political value, and could possibly have an effect on the interpretation that the courts will have of law C-5.

What do you think? Take part in the dialogue