Unnatural Law: Rethinking Canadian Environmental Law and Policy
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May 21, 2003 (Globe and Mail)

The greening of Jean Chrétien

In the past year, the Prime Minister has gone from being on par with George Bush to being a parks-creating, Kyoto-embracing paragon...

What a difference a year makes! Last May, The Globe and Mail published my indictment of the environmental record of Prime Minister Jean Chrétien's Liberal government. It described a decade of legislative paralysis, the ongoing decline of our natural heritage, and several disturbing international critiques of Canada's record. It called Mr. Chrétien "Canada's first antienvironmental prime minister, on par with Ronald Reagan and George W. Bush."

In the past year, Jean Chrétien has gone to unprecedented lengths to refute that portrait, leading the way as the federal government compiled an impressive list of environmental accomplishments. Canada ratified the controversial Kyoto Protocol, committing our country to reduce emissions of the polluting gases that cause climate change. Despite vitriolic opposition from big business, the provinces, and the United States, Mr. Chrétien kept his word on this vital global issue.

Ottawa enacted three major environmental laws in 2002. The Species at Risk Act fulfills Canada's promise from the 1992 Earth Summit to pass a law to protect the growing numbers of endangered species. While far from perfect, the law is an important first step toward maintaining our rich biological diversity.

The Pest Control Products Act, a new law governing the use of pesticides, is far stronger than the outdated law it replaces. It requires a precautionary approach to the approval of pesticides and mandates the regular review of pesticides approved when far less was known about their health and environmental effects, and when standards were considerably weaker.

The National Marine Conservation Areas Act will enable Canada to create a system of protected areas in the oceans, akin to the spectacular national parks found on land. Canada's first marine protected area under the Oceans Act was established in March.
There's more. Last summer, the Prime Minister announced that 10 new national parks would be created, a positive announcement despite the Liberals' 1993 Red Book promise that the national parks system would be completed by the year 2000.

The Gulf Islands National Park Reserve was designated earlier this month. These would be merely symbolic gestures without the allocation of significant funds to ensure that progress is made on the ground and not just on paper. Here, too, there has been an astonishing reversal. After eviscerating Environment Canada with budget cuts in the 1990s, Ottawa has begun to rebuild it. The 2003 budget allocated $3-billion over five years to improve Canada's environmental record. The funds include $2-billion for meeting our Kyoto commitment to reduce greenhouse gas emissions, $600-million to improve water quality in aboriginal communities, $175-million for cleaning up contaminated sites, $115-million for reducing air pollution and toxic substances, and $33-million for endangered species. More than $210-million was allocated to Parks Canada to help develop new parks and improve the management of existing parks.

As well, in the past year, Canada revitalized its commitment to help the world's poorest people achieve sustainable development.

Why the change of heart? One factor is that in light of his imminent departure, the Prime Minister is focused on building a legacy. Far from being a lame duck, he has become a mighty duck, freed from the shackles of electoral concern, fiscal constraint, and objections from industry and the provinces. As well, Mr. Chrétien wanted to avoid embarrassment about Canada's dismal decade of environmental policy paralysis at last year's World Summit on Sustainable Development in South Africa.

And the Prime Minister may be stealing the thunder of his probable successor, Paul Martin. The steps taken in the past year were like low-hanging fruit -- relatively easy to take. The possible exception was Kyoto, where any economic costs will be borne by future prime ministers.

Let's credit Environment Minister David Anderson for working tirelessly to bring these issues to the forefront of the government's agenda. Canada's Commissioner for the Environment and Sustainable Development and many non-governmental organizations also deserve kudos.

But the past year's flurry of activity is not a sufficient response to the profound challenges of the 21st century, challenges that demand an unprecedented dedication to peace, democracy, sustainability, and sharing our prosperity. The 2003 budget was "the greenest budget in Canadian history," as Mr. Anderson claimed -- yet the fact remains that Canada spends more than 10 times as much on our military as we spend to protect our environment. It's good that clean air, clean water, wildlife, and our spectacular natural legacy are beginning to receive attention. Today's progress is preferable to yesterday's paralysis, even if we have a long way to go before we realize our dream of a happy, healthy planet for all of the Earth's inhabitants.


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David R. Boyd is an environmental lawyer, professor and former executive director of the Sierra Legal Defence Fund ...more
   
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