Why environmental groups, climate activists and Indigenous leaders are alarmed about Bill C-5 the One Canadian Economy Act

As it is, the Bill gives cabinet sweeping powers around environmental regulations

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I actually wasn’t planning on posting anything today - but this seemed important.

I have been ridiculously confused by what I am reading in the news about Mark Carney’s Bill C-5 For example this Globe and Mail article :What federal Bill C-5, the One Canadian Economy Act, is all about and what is actually in the Bill itself.

I reached out to Elizabeth May by email with my interpretation of the Bill wondering why it was so different. (Of course we reached out to PMO also - but they as usual didn’t answer). We got on the phone and May told me: “I am so glad you actually read the bill,  the media seems to have developed a high degree of gullibility around all this.”

The thing is a lot of the media appear to simply reporting what was in the government press release.

While the press release may state how the government hopes everythign will work once the Bill is passed, many of those items on how things will work are not mentioned in the Bill. For example, the Press Relase mentions an Indigenous Advisory Council. The Bill only states that Indigenous people will be consulted in certain circumstances.

Also the press release (and the Globe and Mail article) is not upfront about how much discretionary power is being given to cabinet to allow the ‘national interest’ projects. Both give the impression here are criteria for ‘national interest projects. According to the Globe “A single set of conditions would have to be met for projects to proceed.” It includes thing like strengthening Canada’s autonomy, resilience and security; economic or other benefits to Canada; interests of Indigenous peoples; and meeting Canada’s objectives with respect to climate change. But that is only a list of things cabinet ‘might ‘consider.

It in fact Bill C-5 says: “The Governor in Council may consider any factor that the Governor in Council considers relevant” In other words - it’s entirely up to cabinet to decide what makes a project in the national interest. Also Cabinet can allow a project to bypass the environmental laws and regulations listed in schedule 2 of the act, at its own discretion, meaning it does not have to go back to Parliament to amend the Bill.

The Bill says it will be in palce for 5 years - that means that if Carney’s government doesn’t last 4 years, or doesn’t get reelected the power to make those decisions could shift to a different party.

Here’s my piece for APTN.