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In honour of Canadian Environment Week -- currently underway amidst accelerating tar sands development, hot on the heels of withdrawals from the Kyoto Protocol and the UN Convention to Combat Desertification -- let us reflect upon what the federal government, if it were so inclined, could be doing differently. In other words, broadly speaking, how might Canada move beyond the symbolic in pursuit of true environmental sustainability?
1. Get serious about climate change.
By and large, there are three basic policy tools available to the government here: standards, carbon taxes, and cap-and-trade. To the extent that they have acted at all, the Harper Conservatives, in line with the Americans, have primarily gone the route of standards (such as fuel efficiency requirements and sector-by-sector regulations). This is a somewhat surprising move since standards are known for being "command and control," while carbon taxes and cap-and-trade, regularly decried by the Conservatives (although they did briefly favour the latter), are considered more market-oriented.
Unfortunately, the standards that have been implemented so far by the Canadian government do not go far enough. The three major types of policy tools may have different implications with respect to simplicity, predictability, cost-effectiveness, and comprehensiveness, but in the end, the most important question is how stringent they are. We are getting rather late in the game of dealing with climate change, and it is high time we exploit every mechanism we have at our disposal.
2. Take advantage of our federal system of government.
In a federation like Canada, where responsibility for protecting nature is shared between the federal and provincial governments, environmental policy can get messy. But if this overlapping jurisdiction is accepted and handled wisely, then sometimes environmental progress can emerge out of competition between the two levels. Political scientist Kathryn Harrison dubs this kind of arrangement "unilateralism," in which the feds and the provinces pursue their environmental goals independently. That way, they effectively check one another's work. If one level of government abandons its responsibilities, there is still the second to fall back upon.
Sadly, this approach is not one that is embraced by the current federal government. The Harper Conservatives have pursued equivalency agreements with their provincial counterparts, in which provinces forfeit their rights to implement independent environmental assessments on certain key projects, allowing the feds alone to call the shots. This may avoid duplication of efforts, but the savings come at the expense of the natural world. The environment would be far better off if we embraced all the advantages Canadian federalism has to offer.
3. Enshrine environmental rights in the Constitution.
Environmental lawyer David R. Boyd came out with two books on environmental rights last year. He finds that 147 countries from virtually every region of the world have explicitly inserted environmental rights or responsibilities into their national constitutions. His work shows that the impact of these measures extends far beyond mere symbolism, with countries that boast green-tinged constitutions demonstrating stronger environmental performance. In many cases, governments rewrite legislation to comply with the environmental provisions of their constitutions and courts even force their governments to change course.
Anyone who recalls the last few decades of Canadian history knows that amending the Constitution is no easy task, but the fact that we are part of a dwindling minority of nation states that do not prioritize environmental protection in this manner should serve as a wake-up call. The natural environment is not some trivial matter to be tossed back and forth by the government of the day. It is the life support system we all depend upon, and it deserves at least as much pride of place in the supreme law of the land as freedom of speech and the right to vote.
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