This submission was sent to the House of Commons Legislative Committee on Bill C-39 and the Special Senate Committee on the Building Canada Strong Act.
The submission notes that Bill C-39 "may have the desired effect of attracting attention from investors, given its practical implications, that attention is unlikely to lead to actual substantial, sustained investment. At the same time, while this legislation may enable some projects to proceed in the face of public concern, without Indigenous consent, and despite serious environmental damage, the related legal and social costs will be significant. Other projects will fail that could have proceeded if such factors had been properly addressed. Some projects will deservedly fail."
It concludes that "Environmental assessment processes are meant to ensure predictability and accountability in decision-making, building public trust and “social licence.” The public relies on such processes, as well as vigorous and robust regulatory regulation and enforcement, to protect the environment, human health and social and economic well-being, and the public interest more broadly. Far from reinforcing these protections, the government has sought to speed up the development of major projects and attract investment by restricting, pre-approving, and expediting impact assessment and regulatory approvals. Bill C-39 does not “build Canada strong”; it fractures public trust and risks allowing irreparable environmental harm and massive financial, health, and environmental liabilities for future generations. The damaging effects of Bill C-39 cannot be rectified by amendment, though specific amendments may make it somewhat less harmful. It must be withdrawn or defeated."