oe ry ' i PAGE 4, THE HERALD, Friday, August 12, 1977 ; Environmental Law/A Series. Proposal would force environmental study by GORDON HARDY Number five in a series of | five columns - A bill before the House of Commons in Ottawa would require that detailed enyirmnmental studies be done before any major projects such as: oil pipelines, sea ports, or huclean power p are started. Proposed by the Conservative member for Fraser Valley West, Robert Wenman, the bill calis for a close, mandatory examination of possible damage to the environment before major projects are un, The bill also stipulates that these studies be discussed by the public in series of open meetings. Only after haveing heard public opinion would the goverriment decide whether or not to proceed. ‘ As a private member’s bill, the Impact Assessment bill stands virtually no chance of gaining the approval of Parliament. ut environmentalists are hopeful that the idea, at least, is getting through. Greg McDade, of the West Coast. Environmental Law Association, views the. recently released Berger report on development in the north as “‘really’ an impact assessment done by the government’ It’s beginning to appear that this is the Canadian model.” In fact, Justice Tom Berger did conduct his inguity by anew setofrules, visiting the most remote outpos of the north in order to give far-flung northern citizens a chance to speak. He listened to the opinions of northern residents, native people, scientists, businessmen, government officials, and other sectors of the public. He also conducted a thorough study of the impact the proposed Mckenzie Valley pipeline would have on the environment. ' Not only did the Berger - commission take unprecedented pains to examine possible environmental and social damage, it also ensured that all groups could afford to state their case effectively ___(the herald) by giving financial aid to: environmental groups. “This big companies have - millions of dollars with which to present “their case.’’ says McDade. ‘Usually, since environmental groups don’t have much money, they can’ put up a good battle. For the first time, Berger ordered that these groups be given some money. It wasa | critical first step.” The novel procedures of the Berger Commission, and the appearance of the impact assessment bill, reflect, perhaps, a growing awareness tha : environmental law in Canada is really inadequate and ineffective. A sense of this new awareness feeds a mood of cautious optimis, among Canadian environmentalisis like McDade, — 3! After all, the situation is not entirely black. Certain laws, already on the books such as the Environmental. Contaminants Act or the Pollution Control Act of B.C, give the government broad and even drastic powers against polluters. +‘ . According to John Ince, a UBC environmental law expert, one of the potentially most powerful environmental laws is the Environmental and Land Use Act. “The Act,” says Ince, “gives the Cabinet literally unlimited powers to make orders and regulations to deal with any matter L ‘environment or land use,..but without the intervention of the Cabinet the Act ‘is useless. as it cannot be invoked. by a private citizen.” “Nevertheless,” says Ince, “‘the Act is useful for the citizen if he can convince the Cabinet to take action.” How can an ordinary citizen see’ to it that the government enforces laws against rigorously as it enforces other laws against less powerful law-breakers? A publication of the B.C. Legal Services Commission recommends that the citizen get involved in a community environmental group. "These groups,’ says the commission, - have established good reputations in their Published by Sterling Publishers Ltd. postage guaranteed, Publisher. aq PUBLISHER... GORDON W. HAMILTON MANAGING EDITOR... ALLAN KRASNICK. KITIMAT... CHRIS HUYGENS - CIRCULATION MANAGER... Published every weekday at 3212 Kalum St. Terrace B.C. A member of Varitied Circulation. Authorized as second class mail. Registration number 1201, Postage pald In cash, retura NOTE OF COPYRIGHT \ The Herald retains full,complete and sole copyright Inany ~ advertisement produced and-cr any editerial or | photographic content published in the Heratd. Reproduction is not permitted without the written permission of the Terrace - 635-6357 Kitimat - 632-6209 Circulation - 635-2077 — JACK JEANNEAU involving the. polluters as ~ Jinvites inquiries about / NO. 700983 F 72) KALUM ST. AT WOOLWORTHS DON'T MISS TO BE DRAWN ON CFTK TV SEPTEMBER 5 LABOR DAY. ‘ TICKETS ARE ONLY SOLD IN KITIMAT-STIKINE REGIONAL DISTRICT, TICKETS CAN BE BOUGHT AT: THE GOLDEN RULE OFFICE ANY BUSINESS DAY 9 TO 5 THE MOOSE LOTTERY 800TH THE TERRACE CO-OP ON FRIDAY 6 TO? P.M. SATURDAY 10 A.M. T06 P.M, communities by raisin issues of local concern an through projects of public education wuch as recycling programmes.” - Even private citizens can be active in stimulating legal. action against environmental outlaws. Tim Mackenzie. is a Vancouver lawyer who has handled cases, and he recommends first a clear, carefully written complaint to the appropriate government agency. ‘Has complaint = is unseccessful, says Mackenzie, “it may then be useful to politicize the issue . by bringing it to the attention of MP’s, MLA's, and aldermen...” "He also suggests contacting the press.. If the officials and politicians fail to act. the cilizen can “take the law ‘into his own. hands” in one of two «ways. > If the environmental damage is occuring to his own property hecan resort to the common law, Ke can sue the polluter | as was explained earlier in this series. - He can also launch a “private prosecution, which Mackemie calls “‘a criminal ° proceeding conducted by an individual acting on his or her own initiative and . having no connection with the government.” : It is every citizen’s right to bring prosecution against a wrong-doer.. Generally, however, it is an expensive right, .tco costly and too -complicated for a single citizen, The West Coast Environmental Association suggests that “individuals often come to the realization that collective action by groups of co-operating citizens is a more preferable way of concerns.” VERN LEWIS _ TREE FARMER KOEHRING- | _ | «BANTAM | BOMAG LOED HYDRO-AX C.S. 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