Expert criticizes proposed changes to N.W.T. Environmental Rights Act as 'watered down'

The Northwest Territories government's proposed changes to the Environmental Rights Act are too "watered down" to protect a person's right to a healthy environment, says one expert.

"It's an ineffective way of recognizing the right," said University of Ottawa professor Lynda Collins, who works with the school's Centre of Environmental Law & Sustainability.

Collins called into public hearings Wednesday evening, hosted by the standing committee on economic development and environment, on proposed amendments to the Environmental Rights Act, which could become law before fall.

She criticized a clause in the proposed act that states that any "adult residentin the Northwest Territories who believes, on reasonable grounds, that an act or omission has occurred that has caused or is likely to cause significant harm to the environment" may ask the environmental minister to launch an investigation.

The legislation will be ineffective if it does not clearly define "significant harm," she said.

The proposed amendments also enshrinethe right to a healthy environment,but Collins said this is meaningless unless the term "healthy environment" is defined.

A healthy environment is "ecologically sustainable" and includes clean air, safe food and drinking water, a non-toxic environment, a stable climate and biodiversity, said Collins.

Collins also asked the committee to lose the requirement to swear a statement before a commissioner to launch an investigation. She saidthe provision will make it harder forpeople in remote communities to request investigations.

Nancy Vail of Alternatives North said youth should be allowed to ask the minister to launch investigations too, because they areincreasingly becoming leaders in environmentalist initiatives.

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The committee also heard public feedback on two other pieces of proposed legislation dealing with forests and protected areas.

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Steven Nitah, negotiator for Lutsel K'e Dene First Nation, told the committee it should prioritize its review of the Protected Areas Actso all MLAs can vote on proposed changes before the fall.

Lawyer Larry Innes warned the window to push the bill to completion is closing, and the delays will compromise the long-standing efforts of Lutselk'e to establish Thaidene Nene. If the act is passed, Thaidene Neneis set to become a hybrid national park and territorial protected area.

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Public hearings on the three bills are spilling over into a second hearing, with presentations from the Sahtu Renewable Resources Board and Dene National Chief Norman Yakeleya.Last month, Dene Nation warnedthe proposed Forest Act couldinfringe on treaty rights.

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The hearing is scheduled for Thursday at 6 p.m.