Vol 18:11
March 31, 1995
CELA staff lawyer Linda Nowlan was recently appointed to the Citizens' Advisory Committee on Oil Spill Prevention by BC Environment Minister Moe Sihota. Other new members are Charlie Bellis of the Haida Nation; Garry Fletcher, a biology teacher from Pearson College; Martyn Green from Burrard Clean; Michael Moore from the Port Hardy Marine Resource Management Society; and Dee Walmsley from the Boundary Bay Oil Spill Society.
The Committee was established to advise the government on public concerns over oil spill prevention, preparedness, and response and to monitor provincial, federal and joint Western States/B.C. oil spill initiatives.
These initiatives stem from the 1988 Nestucca spill and the 1989 Exxon Valdez spill.
These disasters prompted the federal and the B.C. governments to hold inquiries, but many of the recommendations arising from the 1990 federal Brander-Smith and the provincial Anderson inquiries on oil spills have still not been implemented.
Marine spills are on the rise. The 1993 State of the Environment Report for B.C. reports that a total of 901 spills of all sizes to marine ecosystems were recorded between April 1991 and March 1992, with the largest number of spills involving oil and other hydrocarbon fuels and industrial or organic effluents.
The Committee meets four times a year in different coastal areas of B.C. and will produce an annual report, detailing the progress that all levels of government and industry are making towards ensuring that effective spill prevention measures are in place. The Committee plans to ensure that governments are held to the commitments they made as a result of the 1990 inquiries.
A series of forums to obtain public input on oil spill response and prevention are scheduled for the coming year. The first public forum was held in White Rock on February 23, 1995. The forum was attended by representatives of the Coast Guard, the federal and provincial environment ministries, and the members of the Citizens Advisory Committee. A display about pollution prevention for small boats was set up by Environment Canada. The speakers outlined the regime now in place to deal with oil and other spills in B.C., including a description of the work of Burrard Clean, a division of the Western Canada Marine Response Corporation, the Regional Environment Emergencies Team (REET), the Incident Command System (ICS), and the B.C. Workforce, which coordinates volunteers for oil spill cleanups.
The next public forum is scheduled for May 10 in Port Hardy.
Public input on this issue is essential if the Citizens Advisory Committee is to do its job in informing government what the real public concerns are about oil and other marine spills. Interested readers should contact Linda Nowlan with their input and for more information.
The federal and provincial governments have decided to seek First Nations participation in the environmental harmonization process mandated by the Council of Ministers of the Environment (CCME). Likely, First Nations participants will be invited to join the multi-sectoral National Advisory Group on harmonization (NAG), although the basis for the selection has not yet been determined, according to information presented at a conference call of the NAG process sub-committee. The importance of strengthening First Nations involvement in the harmonization process was one of the key themes raised at the February national consultation workshop on the CCME harmonization initiative in Toronto.
The other main theme of the national workshop – emphasized by environmentalists, in particular – is the absence of a documented rationale for the initiative; evidence of the widespread existence of 'overlap and duplication' between the federal and provincial governments. On this topic, it was reported that the governments do not intend to produce any specific documentation beyond the original purposes paper which initiated the harmonization process. It was pointed out by a government representative that, in addition to overlap and duplication, the harmonization process will now have to deal with the impact of the substantial cuts to governments' environmental budgets.
Meanwhile, the Lead Representatives Committee (LRC) met in Calgary to revise the proposed Environmental Management Framework (EMF) and the four issue-area schedules. These will be considered by the Deputy Ministers' Committee of the CCME in March and by the CCME Ministers in May. The LRC is now working on seven additional schedules, which are expected to be released publicly in draft form at the time of the Ministers' meeting in May. Public consultation will follow, including the possibility of a second national workshop, perhaps in late June.
For more information, please contact Bill Andrews, who is a member of the National Advisory Group.
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The monthly newsletter Environment Policy & Law, published by Carswell, Thomson Professional Publishing, reports that "Prosecution of corporations and their executives in areas such as negligence would be easier if the federal government adopts a proposal included in a consultation paper on the incorporation of common law within the Criminal Code.
"Set out in a General Part Consultation Paper released for comment by the Department of Justice, the proposal would let prosecutors take a 'corporate culture' approach to cases in which it is shown that there existed within an offending company 'an attitude, policy or practice that directed, encouraged, tolerated, or led to the offence or that failed to require its representatives to comply with the law.'
"The Code currently permits prosecutions only where specific senior officers or a company can be identified as having committed an offence while acting on behalf of their employer."
For more information, please contact Department of Justice lawyer Heather Holmes at 613-957-4741 (phone). For more information about Environment Policy & Law, please call Carswell at 1-800-387-5164.
The Law Foundation of British Columbia approved a grant of $455,000 for West Coast's operating expenses in 1995-96 at a meeting in Vancouver on March 18. The Law Foundation also approved an interim grant of $39,000 to West Coast's Environmental Dispute Resolution Fund. That grant will allow the EDRF to make new grants in May and June prior to the Law Foundation's expected June decision on EDRF funding for the rest of the fiscal year and for continuation of the EDRF Liaison Lawyer position.
West Coast President David Loukidelis expressed West Coast's appreciation for the Law Foundation's continuing support. "I especially want to thank our Law Foundation Liaison Governors John Milne and Lynn Smith and the Law Foundation staff for their support and encouragement."
Head of the North American Commission for Environmental Cooperation Secretariat, Dr. Victor Lichtinger is seeking public participation and input from the environmental community. The overall goal is to have a practical framework to promote sustainable development on a continental basis in the context of expanded trade under the North American Free Trade Agreement.
NACEC, established under the North America Agreement on Environmental Cooperation as part of NAFTA, was designed to promote sustainable development and enhance compliance with environmental laws and regulations within the North American community.
For more information contact Justin Longo of the North American Institute at (604) 721-6447.
On Friday, April 21, 1995, the documentary No Surrender will be shown for the first time. The film highlights the Cheslatta Whut'en Nation's relocation in 1952 as a result of Alcan's Kitimat smelter, and its ongoing fight to move back home. Len George, of the Tsleil-Waututh (Burrard) First Nation will be master of ceremonies for the evening. The premiere will feature performances by dancers from the same Nation, singer and songwriter Dana Lyons will perform the song Drop of Water, which he donated to the film, and a group of Cheslatta dancers will be performing in public for the first time. Guest speakers include Eutonnah Dunn, from the Cherokee Nation, and Roy Henry Vickers, who has donated a limited edition print to help with the fundraising.
Proceeds of the evening will go to the Cheslatta Redevelopment Project '95. By setting up a protection corridor around the Murray and Cheslatta lakes, the Cheslatta Whut'en hope that a portion of their traditional territory will begin to heal.
The film will be presented at the Vogue Theatre, on Granville Street, in Vancouver. For more information contact Hilma Rusu at (604) 875-0087 or Ron George at (604) 684-0231.
In WCEL News Vol. 18:6, at the bottom of page 4, after the sub-heading "Further Court Action", the article should have indicated that the Environmental Appeal Board, not the office of the Attorney General, argued that the developer should be held in contempt of court for refusal to abide by the EAB's order. We apologize for any inconvenience.
In 1994, Earth Summit Watch spearheaded a campaign asking which specific actions national governments had taken to carry out their Rio promises and produced a report called Four in 94 tabulating the implementation of Agenda 21 action items. The four "indicators of action" that were chosen as measures of a country's commitment to sustainability were: (1) the phase-out of leaded gasoline; (2) the clean up of fresh water sources; (3) the ratification and implementation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; and (4) the protection of natural rivers. A 250 page report was prepared from the responses of the more than 70 countries who replied. The report was lauded by Maurice Strong, the Earth Summit Secretary General.
This year Earth Summit Watch has chosen Five in 95. These five indicators of government action relate to specific commitments from Agenda 21 which will be examined at this April's Commission on Sustainable Development meeting. The Five in 95 are: (1) establishment of a timber certification scheme for sustainably harvested timber; (2) follow-up to the Cairo Conference on population and development; (3) identification and protection of marine biodiversity hot spots; (4) reduction of pesticide use; and (5) ensuring meaningful public participation in environmental decision making. A questionnaire about the five indicators has been sent to more than 100 national Commissions on Sustainable Development.
Canada fared well on the Four in 94 report. Canada uses unleaded gasoline and so has taken action to reduce lead exposure. Both the federal and provincial governments are trying to clean up fresh water resources. The Basel Convention came into force in Canada in November 1992. The government has taken action to promote waste minimization, and has also trained inspectors to monitor transboundary movements to prevent illegal traffic in hazardous waste. Protection of natural rivers is covered by the Canadian Heritage River System, which is a voluntary rather than legislative program.
Canada's record with the Five in 95 may not be as positive. In particular, the federal government's plans to establish a timber certification scheme for sustainably harvested timber are controversial. Action on marine biodiversity hot spots remains slow, despite the creation of Canada's first marine protected area. Pesticide use is still a problem in Canada as well.
The Four in 94 summary report is available at the West Coast library.
— Linda Nowlan
WCELRF Newsletter (ISSN #0715-4275), copyright 1995, is published by the West Coast Environmental Law Research Foundation. This issue was produced by Bill Andrews, Morgan Ashbridge, Chris Heald, Ann Hillyer, Patricia Houlihan, Matt Jackson, Catherine Ludgate, Alexandra Melnyk, Linda Nowlan, Denice Regnier, and Kim Stanton. Subscription information is above. West Coast Environmental Law Research Foundation does research and education and maintains an environmental law library. West Coast Environmental Law Association provides legal representation and promotes law reform. The mission of West Coast Environmental Law Research Foundation and West Coast Environmental Law Association is to provide legal services to protect the environment and to foster public participation in environmental decision-making. We are grateful to the Law Foundation of British Columbia for core funding of West Coast Environmental Law Association and West Coast Environmental Law Research Foundation. Donations to West Coast Environmental Law Research Foundation are tax creditable.