xʷməθkʷəy̓əm (Musqueam), Skwxwú7mesh (Squamish) & səl̓ilwətaʔɬ (Tsleil-Waututh) Territories/VANCOUVER
Legal experts highlight risks as governments seek to exempt projects from environmental safeguards
Environmental legal experts launched a report today describing environmental disasters that have occurred in Canada when strong environmental laws, impact assessment processes or effective regulatory oversight were absent. These disasters are a harbinger of scenarios that could result from current proposals to fast-track and exempt major projects from environmental regulation and assessment processes, say the lawyers.
Authored by Anna Johnston, a lawyer with West Coast Environmental Law, and Kristen Theriault, a former student at the Environmental Justice and Sustainability Clinic at York University, the report highlights the economic, environmental and human risks of inadequate assessment, regulatory decision-making and monitoring. The report also illustrates examples where environmental impact assessments, strategic land use planning and collaborative environmental governance have resulted in better projects and stronger environmental protections.
“As our report shows, strong environmental laws don't hurt the economy – they ensure that projects deliver real benefits without leaving Canadians on the hook for costly clean-ups,” said Johnston. “These laws and regulations are there for a reason: to safeguard clean air and water, to protect our health and to give community members a say in the decisions that affect them.”
Natural resource and infrastructure projects can bring important benefits to communities, but they can also pose risks to people and the environment. This publication looks at ten environmental disasters from across Canada, outlining the legal and regulatory gaps that led to them – including high-profile disasters like the Mount Polley Mine tailings spill in BC, the Sydney Tar Ponds in Nova Scotia and the Imperial Oil Kearl oilsands mine seepage in Alberta.
“The stories profiled in this report should serve as a wake-up call to decision-makers and all Canadians about the risks of proposed legislation such as federal Bill C-5, which would allow exemption of so-called ‘national interest’ projects from many environmental, health and safety standards,” Johnston added.
Bill C-5, which includes the Building Canada Act, was introduced without any meaningful consultation and cooperation with Indigenous peoples and has received strong criticism from First Nations, environmental groups, opposition MPs, legal experts and civil society organizations. Similar provincial fast-tracking legislation, such as Bills 14 and 15 in BC, has been passed despite significant opposition.
“In this time of economic uncertainty, the last thing Canadians need is irresponsible deregulation that undermines the laws that are there to protect them. Especially now, as climate change takes a growing economic toll – along with the loss of lives and homes – we must not lose sight of what’s at stake,” said Johnston. “Now is not the time to dismantle our safety net. It’s time to strengthen it.”
View the full report: An Ounce of Prevention: How Strong Environmental Laws Contribute to a Prosperous and Resilient Canada.
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For more information, please contact:
Anna Johnston, Staff Lawyer
604-340-2304, ajohnston@wcel.org
Alexis Stoymenoff, Director of Communications
604-684-7378 ext. 228, astoymenoff@wcel.org