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C2C Journal

The Fight Against Ottawa’s Crazy and Unconstitutional Single-Use Plastics Ban

Published

5 months ago

29 minute read

From the C2C Journal

By Christine Van Geyn
In their rush to strike a virtuous blow against plastic waste, the federal Liberals skipped a few important steps. The 2022 ban on plastic straws, shopping bags and other useful household items deliberately ignored the basic facts of waste disposal in Canada, as well as the economic reality of substituting other materials for cheap and effective plastic. What else got overlooked? Canada’s Constitution. With a court hearing set for later this month to decide on the fate of the ban, Christine Van Geyn takes a close look at the legal arguments involved in Ottawa’s efforts to phase out certain plastic items, and the vast constitutional threat this poses if allowed to stand.
Like many writers, I prefer to work surrounded by other busy people going about their day. And as I sat down in a bustling café in downtown Toronto to begin writing this story with my laptop and an iced matcha latte before me, I instinctively reached for a straw. And my heart quickly sank – ugh, paper.

I care about sea turtles, I really do. But as I poked that flimsy thing through the lid and took a sip, it was not sweet enjoyment I was experiencing. It was bitter disappointment. Almost immediately the straw started to soften and it soon collapsed upon itself. It was like trying to drink through a soaked napkin. Frustrated, I tossed the straw aside and drank straight from the cup, hoping that I wouldn’t end up with bright green latte all over my laptop or sweater. Yet another small indulgence ruined by Ottawa.

Small indulgences, ruined. Across the country, Canadians are growing frustrated with a single-use plastics ban that has given them useless paper straws and taken away useful items such as plastic bags. (Source of right photo: CTV News)

I’m not alone. Across the country Canadians are griping about dissolving cardboard straws, berating themselves for forgetting their reusable shopping bags (made of a much thicker and unrecyclable plastic) and wondering exactly how they’re supposed to eat their takeout meal without a fork. Life is stressful enough with inflation, rising public drug use, street protests, overseas wars and other major calamities. Now even the tiniest details of our lives – like enjoying a cold drink on a hot day – have been imperilled as well. And yet a soggy, useless straw is not just a lousy way to start your workday. It’s also another worrisome example of the Justin Trudeau government’s relentless intrusions into provincial and local jurisdictions.

There is hope, however. In November 2023, a Federal Court judge struck down the government’s regulatory efforts against certain plastic items as “unreasonable and unconstitutional”. The ban, however, continues to remain in force while Ottawa appeals that ruling. The appeal will be heard later this month; and the legal charity I work for, the Canadian Constitution Foundation (CCF), will be an intervenor because we think this is a very important case. At stake are the very foundations of Canada’s Constitution. And a chance to get some straws that actually work.

Canada’s Plastics Ban 101

It’s easy to understand the desire to reduce plastic waste. Images of masses of trash floating in the Pacific Ocean or videos of sea turtles and birds choked by ring-carriers and bags have a visceral impact on many people. We all want a clean environment that is safe for wildlife and humans alike.

Ottawa knows best: While many Canadian cities, including Edmonton (shown at left), were experimenting with various regulations for single-use plastics, the federal government usurped their jurisdiction by announcing a nation-wide ban on six common plastic items to take effect in 2022. At right, Prime Minister Justin Trudeau unveils the federal plastics ban at a press conference in Mont-Saint-Hilaire, Que., 2019. (Source of right photo: The Canadian Press/Paul Chiasson)

And it is for these reasons that reducing plastic waste has been a policy goal for governments across Canada for many years. Numerous cities and towns have experimented with different approaches. Vancouver, Edmonton, Montreal and Guelph, for example, have all imposed some type of ban on what are termed “single-use” plastics. Toronto has not done so, but recently introduced a bylaw requiring businesses to ask customers if they’d like a single-use item and requiring them to accept reusable bags and cups. In early 2024, Calgary introduced a single-use plastic bylaw prohibiting businesses from giving customers single-use straws and food-ware unless they specifically asked, and requiring a 15¢ charge for single-use bags. Calgarians immediately went ballistic, however, forcing City Council to repeal the measure just weeks after coming into effect.

Despite these many diverse local innovations, in 2022 the federal government imposed its own vision on the country with a sweeping attempt to eradicate or severely curtail the use of six single-use plastic items: straws, cutlery, takeout containers, stir sticks, plastic bags and ring-carriers. These banned items would need to be replaced by substitutes made of other material, such as paper, wood, ceramic or metal.

As environmental policy, the federal plastics ban has some very large problems. As this C2C Journal article pointed out, Canadian plastic waste comprises a perishingly small share (0.02 percent to 0.03 percent) of total ocean plastic pollution. Almost all plastic waste in Canada is either recycled, incinerated or landfilled; it is not polluting the environment. The federal government’s own analysis also revealed that eliminating single-use plastics would actually increase overall waste generation rather than reduce it. While the goal is to remove approximately 1.6 million tonnes of plastic waste from 2023 to 2032, the amount of other waste streams is expected to grow by 3.2 million tonnes. This is because substitutes tend to be heavier than the plastic items they replace.

Sea turtles are safe with us: Despite widespread concern over the effect of plastic pollution on ocean life, the overwhelming majority of plastic garbage in Canada is either recycled, landfilled or incinerated; Canada’s share of plastic ocean pollution is estimated at between 0.02 percent and 0.03 percent. (Sources: (photo) Shutterstock; (chart) Greenpeace)

It gets worse. According to the government’s Strategic Environmental Assessment, substitutes for plastic products, such as paper bags, “typically have higher climate change impacts” including higher greenhouse gas emissions and a reduction in air quality. By banning plastic bags, straws and so on, we will end up with not only more garbage, but also a dirtier environment.

An Order-in-Council signed in April 2021 brazenly declared every product made from plastic to be a threat to human health. This includes everything from children’s toys, water pipes, health-care devices and protective helmets to car parts and computer keyboards.

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The plastics ban fails on basic economics as well. A cost/benefit analysis prepared by the federal government puts the ten-year monetary benefits arising from a reduction in plastic garbage across Canada at $616 million. On the other side of the ledger, the costs – including the impact on businesses required to replace perfectly useful plastic items with lower-quality substitutes that are generally more expensive – comes in at $1.9 billion. By the federal government’s own reckoning, its policy thus entails a net loss of $1.3 billion. In sum, the plastics ban does nothing to reduce worldwide ocean pollution, creates twice as much garbage as it saves and imposes costs exceeding its benefits by a substantial margin. Based on these rational measures alone, we should bin the ban. But the biggest reason to oppose it is constitutional.

Ottawa Takes Charge

Waste management is a provincial matter which provinces typical delegate to municipalities. This process is working well, as evidenced by all the experimentation in plastic waste policies described above. Yet the Trudeau government desperately wanted to be seen as a leader on this issue. And to get around the fact Ottawa has no clear authority to do so, the Liberals had to get creative.

Their solution was to add all “plastic manufactured items” to the list of toxic substances maintained under the Canadian Environmental Protection Act. Thus an Order-in-Council signed in April 2021 brazenly declared all products made from plastic to be a threat to human health. This includes everything from children’s toys, water pipes, health-care devices and protective helmets to car parts and computer keyboards. Items that are indispensable to our daily lives instantly became “toxic” as the result of a single federal Cabinet order. The policy took effect at the end of 2022.

Toxic, every last one. As a result of a 2021 Order-in-Council, the entirety of “plastic manufactured items” – including everything from children’s toys to life-saving medical devices – was declared hazardous to human health under the Canadian Environmental Protection Act. (Source of bottom photos: Pexels)

In response to this obvious absurdity, a group of plastic industry companies called the Responsible Plastic Use Coalition demanded a judicial review, arguing the federal order made no practical or scientific sense. Faced with the prospect of defending its decision to declare, among other things, a wide variety of life-saving and medically-necessary devices as officially toxic, the federal government claimed it only intended to restrict the use of plastics that posed a real risk to the environment. Despite categorizing all plastic as deadly, Ottawa said it was only looking to regulate the harmful bits, like straws and plastic bags. Bureaucrats, using the new authority granted them by Cabinet, would later decide which was which.

The federal government tried a similar line of argument when defending another piece of controversial environmental legislation, the Impact Assessment Act. This act purported to subject proposed new infrastructure projects to review across a vast range of economic, social, health, environmental and even gender-related impacts. The law was challenged in court by Alberta on the grounds that it intruded into provincial jurisdiction. In court, Ottawa argued that it only intended to regulate projects with environmental impacts of significant national concern. The Alberta Court of Appeal was unmoved by this attempted rationale, finding the Act unconstitutional, and last October a 5-2 majority of the Supreme Court of Canada upheld the lower court’s findings. Chief Justice Richard Wagner wrote for the majority that Parliament “plainly overstepped their constitutional competence” by purporting to regulate projects that would otherwise fall within provincial jurisdiction. The vast majority of the Act was found to be unconstitutional.

Calling out an absurdity: Responsible Plastic Use Coalition, an industry lobby group, challenged the Trudeau government’s declaration that all plastic is toxic in the Federal Court of Canada.

A similar thing happened with the plastics ban. In November 2023, Federal Court of Canada Justice Angela Furlanetto sided with the plastics coalition and struck down the law, calling the government’s sweeping attempt at banning plastics as “outside their authority.”

In her ruling, Justice Furlanetto shredded the government’s tortuous logic defining every form of plastic to be a threat to human health, observing that “plastic manufactured items” is far too broad a category to include on a list of toxic substances; the government provided no evidence to establish that every product listed was actually harmful. “The broad and all-encompassing nature of the category of [plastic manufactured items] poses a threat to the balance of federalism as it does not restrict regulation to only those [items] that truly have the potential to cause harm to the environment,” she wrote. She also noted that “for a chemical substance to be toxic it must be administered to an organism or enter the environment at a rate (or dose) that causes a high enough concentration to trigger a harmful effect. In this instance, the reverse logic appears to be applied…”

As Justice Furlanetto held in her 2023 Federal Court decision, ‘The machinery of criminal law cannot be used to assume control over something that is not within Parliament’s authority.’

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Justice Furlanetto also held that the Cabinet order extended far beyond the federal government’s ability to regulate the environment through the Canadian Environmental Protection Act. As a result, she ordered the ban quashed and declared invalid and unlawful. Ottawa immediately appealed this ruling, with the case to be heard at the Federal Court of Appeal on June 24 and 25. Alberta and Saskatchewan are both intervenors and will argue that the Federal Court ruling should be upheld. British Columbia is intervening to support the federal government’s position that the order is within federal jurisdiction. There are other public interest interveners as well, including the CCF, EcoJustice, and Animal Justice.

The Bogus Fight Against Plastic Criminality

“Unreasonable and unconstitutional”: In her November 2023 ruling, Federal Court of Canada Justice Angela Furlanetto found that Ottawa overstepped its jurisdiction in classifying all plastic goods as toxic. Ottawa is now appealing her ruling. (Source of photo: @FedCourt_CAN_en/X)

One of the main issues at the appeal will be the role of the federal government’s criminal law power. Section 91(27) of the Constitution Act grants the federal government exclusive authority to make criminal law. And previous court rulings have found and affirmed that prohibiting truly toxic substances, like lead and mercury, under the Canadian Environmental Protection Act is a legitimate expression of that power.

But it is no magic wand. Ottawa cannot simply claim a need to invoke its “criminal law power” and instantly transform any issue into an area it can regulate. As Justice Furlanetto held in her 2023 Federal Court decision, “The machinery of criminal law cannot be used to assume control over something that is not within Parliament’s authority.” In this case, criminal law power should not be allowed to justify the sweeping inclusion of every imaginable plastic product on the list of “toxic” substances and therefore place them all under the umbrella of federal authority. This is what lawyers call ultra vires – Latin for “outside the power”, in this case, of a government.

Criminal law powers should be applied cautiously. To claim authority to regulate something based on this authority, Parliament must clearly demonstrate the criminal aspect of the targeted activities. The federal government cannot assume control over an entire area which is not, in itself, harmful or dangerous. This is particularly important when Parliament has asserted control and jurisdiction over an amorphous subject matter prone to overlapping jurisdictions, like environmental regulation.

“Harm should be real”: According to University of Alberta law professor Eric Adams, the federal government’s criminal law power must only be used when there is a real threat of criminal behaviour. Fretting about plastic pollution does not meet such a test. (Source of photo: University of Alberta)

When the framers of Canada’s original Constitution in the 1860s decided that the federal government and not the provinces should control criminal law, this was premised on Parliament using its authority to prevent actual harm. University of Alberta law professor Eric Adams has written that criminal law power rests on the notion that “harm should be real in the sense that Parliament has a ‘rational basis’ for seeking to suppress it with prohibitions” and that it can be “demonstrated with evidence.” Accordingly, federal criminal law power must be focused, justified and rationally connected to a real criminal threat to the area in question, in this case the environment. Deeming every single imaginable plastic manufactured item “toxic” does not meet this test.

Hardly Incidental

The federal government will be defending the Cabinet order listing non-harmful plastics as toxic by arguing that any intrusion into provincial jurisdiction is merely “incidental” and not worth worrying about. There is, indeed, an aspect of Canadian constitutional law called the “incidental effects doctrine” which recognizes that it is practically impossible for one level of government to legislate without touching on the powers of another level of government in some way.

Negotiating the application of the incidental effects doctrine requires a flexible approach to federalism that permits collateral and secondary effects on another jurisdiction without threatening the main intent of the originating jurisdiction’s legislation. This concept was crystallized in the 2007 Supreme Court ruling in Canadian Western Bank v. Alberta that found Alberta was within its constitutional right to regulate the sale of insurance (a provincial responsibility) at banks in the province, even if the banking sector itself fell under federal jurisdiction.

Hardly incidental: Ottawa argues its intrusion into provincial jurisdiction over plastics is merely “incidental” and should be allowed to stand. In previous rulings, however, the courts have rejected such arguments when the outcome would make an “otherwise unconstitutional law valid”. In 2019, the B.C. Court of Appeal struck down a proposed B.C. law intended to stop the federally-regulated Trans Mountain pipeline (shown) on similar grounds. (Source of photo: Adam Jones, Ph.D. – Global Photo Archive, licensed under CC BY 2.0)

But such incidental effects cannot be limitless; they must indeed be incidental. Courts have repeatedly emphasized in other cases that a flexible approach to federalism must not “erode the constitutional balance” inherent in Canada’s division of powers and cannot make an “otherwise unconstitutional law valid”, as a 2019 B.C. Court of Appeal ruling stated in striking down a proposed B.C. law intended to stop the Trans Mountain pipeline, a federally-regulated endeavour. The classification of effects as incidental or consequential must be made with clarity and rigour.

The Trudeau government’s Cabinet order that all plastics are “toxic” clearly crosses the dividing line between incidental effects and intrusion into provincial jurisdiction. Plastic is ubiquitous in modern society and most matters requiring the regulation of plastic materials properly fall under provincial jurisdiction. By listing all imaginable types of plastics as toxic, without regard to whether they actually cause any harm, the federal government sought to greatly expand its jurisdiction across an exceedingly broad subject area. Like criminal law powers, the incidental effects doctrine should not be misused to cloak far-reaching legal effects from constitutional scrutiny.

The Bigger Threat

The brilliance of Canadian federalism is that it prevents the concentration of power within any single institution or level of government and creates laboratories of democracy across Canada where different jurisdictions can tailor different policy solutions and test what works best. Canada’s constitutional division of powers is thus a pathway to better policies that lead to a freer Canada. It also acts as a restraint on government overreach. It deserves to be protected.

But in numerous recent court cases and policies, the Trudeau government has demonstrated its extreme ambivalence – if not outright hostility – to Canada’s constitutional federal structure. In examples including the Greenhouse Gas Emission Pricing Act Reference, the Impact Assessment Act Reference and now the Cabinet order on plastics, the mechanism, if not the intent itself, is to grab additional authority from other levels of government in order to impose national policies that violate the founding structure of our country. This is why the plastics case has implications far beyond saving Canadians from soggy straws.

Ottawa would essentially become the master of all environmental policy in the country; and since so many other policy areas have an environmental dimension, the federal government could gradually come to rule them all.

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The CCF will argue in the Federal Court of Appeal that federal environmental regulation poses a unique challenge to the division of powers, particularly where the purported federal target is submerged in a sea of local and provincial jurisdiction. Accordingly, federal statutes must be tightly focused on federal targets and not allowed to wander deeply into provincial jurisdiction.

If plastics of all kinds are confirmed as toxic substances, and Parliament is given authority to regulate them, this could trigger a whole host of other regulatory environmental mechanisms in the areas of licensing, regulation of substitutes and offset mechanisms that would further encroach on provincial jurisdiction. It is widely discussed, for example, that the federal government will seek to uphold its planned cap on oil and gas emissions, as well as its Clean Electricity Regulations (both currently in draft form) through similar listings under the Canadian Environmental Protection Act. It would also likely use its criminal law power to get a foothold into the regulation of methane, carbon dioxide and other substances in order to control them in a detailed manner. And there is reasonable concern the federal government could also attempt to regulate things like electricity markets and other technologies under these newfound powers. Ottawa would essentially become the master of all environmental policy in the country; and since so many other policy areas have an environmental dimension, the federal government could gradually come to rule them all. The only thing necessary for each new intrusion will be for the Liberals – or some other future activist federal government – to whisper the magic phrases “criminal law power” and “incidental effects” and it becomes so.

Where will it end? According to the Canadian Constitution Foundation, allowing the federal government to get away with labelling all plastic products as toxic will inevitably encourage further intrusions into local and provincial jurisdiction, allowing Ottawa to set itself up as the master of all environmental policy. Shown, protesters gather outside the Federal Court in Toronto during the initial plastic-ban hearings in 2023. (Source of photo: Michael Cole/CBC)

If the division of powers under Canada’s Constitution means anything, the Federal Court of Appeal must find the Trudeau government’s plastics ban unconstitutional. My struggle to drink my straw-free iced latte is thus a small part of a much larger struggle for balance and respect in Canada’s foundational framework. I am slurping with purpose.

Christine Van Geyn is litigation director of the Canadian Constitution Foundation.

Main image shows an anti-plastics slogan projected onto the Supreme Court of Canada building in Ottawa on Earth Day, April 22, 2024. Source of image: The Canadian Press Images PHOTO/Oceana Canada and EARTHDAY.ORG.

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C2C Journal

Drinking by the Numbers: What Statistics Canada Doesn’t Want You to Know

Published on November 15, 2024

By

From the C2C Journal

By Peter Shawn Taylor
“The secret language of statistics, so appealing in a fact-minded culture, is employed to sensationalize, inflate, confuse, and oversimplify,” cautioned journalist Darrell Huff in his famous 1954 book How to Lie with Statistics. It’s still useful advice, although Canadians might hope such a warning isn’t required for the work of Statistics Canada. In an exclusive C2C investigation, Peter Shawn Taylor takes apart a recent Statcan study to reveal its use of controversial, woke and unscientific methods to confuse what should be the straightforward task of reporting on the drinking habits of Canadians in various demographic groups. He also uncovers data the statistical agency wants to keep hidden for reasons of “historical/cultural or other contexts”.

Statistics Canada would like to know how much you’ve been drinking.

In October, the federal statistical agency released “A snapshot of alcohol consumption levels in Canada” based on its large-scale 2023 Canadian Community Health Survey that asked Canadians how much they drank in the previous week. The topline number: more than half of those surveyed – 54.4 percent – said they didn’t touch a drop in the past seven days. This is considered “no risk” according to the Canadian Centre on Substance Abuse and Addiction’s (CCSA) 2023 report Canada’s Guidance on Alcohol and Health, which Statcan uses as its standard. Among those who did imbibe, 15.2 percent said they’d had one or two drinks in the last week, an amount the CCSA guidance considers “low risk”, 15.2 percent said they’d consumed between three and six drinks, considered by CCSA to be “moderate risk”, and the remaining 15.1 percent admitted to seven or more drinks per week, what the CCSA calls “increasingly high risk”.

Statcan then sliced this information several different ways. By gender, men reported being bigger drinkers than women, based on their relative share in the “high risk” category (19.3 percent versus 11.1 percent). By age, the biggest drinkers are those 55-64 years, with 17.4 percent consuming at least one drink per day. Perhaps surprisingly, the 18-22-year-old college-aged group reported the lowest level of “high risk” drinking across all ages, at 8.4 percent, an outcome consistent with other observations that younger generations are becoming more conservative.

Statcan’s data also reveals that Quebeckers are the biggest drinkers in the country with 18.1 percent in the “high risk” category, while Saskatchewan and New Brunswick had the greatest number of teetotalers. Rural residents are bigger drinkers than those living in urban areas. By occupation, those holding male-dominated jobs in the trades, equipment operation and transportation were the most likely to report drinking in the “high risk” category of seven or more per week. Finally, the richest Canadians – those in the top income quintile – said they drink more than Canadians in lower income quintiles, an outcome that seems logical given the cost of a bottle these days.

The demographic detail in Statcan’s alcohol consumption survey is extensive and largely in keeping with general stereotypes. The quintessential drinker appears to be a middle-aged blue-collar male living in rural Quebec. (Although the report notes an enormous discrepancy between self-reported consumption data and national alcohol sales, with self-reported amounts accounting for a mere one-third of actual product sold. This suggests many Canadians are far from truthful when describing how much they drink.)

Despite the apparent surfeit of information, however, several demographic categories are missing from Statistics Canada’s report. And not by accident. According to a “Note to readers” at the bottom of the October report, the survey “included a strategic oversample to improve coverage…for racialized groups, Indigenous people, and persons with disabilities. While this analysis does not contain results for these populations (primarily owing to the need to delve into historical/cultural or other contexts for these groups as it pertains to alcohol consumption), the Canadian Community Health Survey 2023 data is now available to aid researchers looking into health analysis for these populations.”

The demographic detail in Statcan’s alcohol consumption survey is extensive and largely in keeping with general stereotypes. The quintessential drinker appears to be a middle-aged blue-collar male living in rural Quebec.

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The upshot of this word salad: Statcan went to extra lengths to get high-quality information on the alcohol consumption of natives, visible minorities, immigrants and people with disabilities. And then it enshrouded these numbers in a cloak of secrecy, choosing not to release that information publicly because of “historical/cultural or other contexts”. Why is Canada’s statistical agency keeping some of its data hidden?

Canada’s Guidance on Alcohol and Health

Before investigating the missing data, it is necessary to discuss a controversy regarding the alcohol consumption guidelines used by Statcan. As mentioned earlier, its survey is based on new CCSA standards released last year which consider seven or more drinks per week to be “increasingly high risk”. This is the result of recent CCSA research that claims “even a small amount of alcohol can be damaging to health.” By focusing on the incidence of several obscure cancers and other diseases associated with alcohol consumption, the CCSA recommends that Canadians cut back drastically on their drinking. For those who wish to be in the “low risk” group, the CCSA recommends no more than two drinks per week for men and women, and not downing both on the same day.

To your health: The “J-Curve” plots the well-documented relationship between moderate social drinking and a long lifespan, revealing the healthiest level to be around one drink per day, what the new CCSA standards call “high risk”.

Such a parsimonious attitude towards drinking is at sharp odds with earlier CCSA findings. In 2011, the CCSA released “Canada’s Low Risk Alcohol Guidelines”, which defined “low risk” drinking levels very differently. Under this older standard, Canadians were advised to limit their consumption to 15 drinks per week (10 for women) and no more than three per day. It also acknowledged that it was okay to indulge on special occasions, such as birthdays or New Year’s Eve, without fear of any long-term health effects.

These rules were based on ample medical evidence pointing to substantial health benefits arising from moderate drinking, given that social drinkers tend to live longer than both abstainers and alcoholics – a statistical result that, when placed on a graph, yields what is commonly referred to as the “J-Curve”. These rules also aligned with social norms and hence garnered broad public support.

The dramatic contrast between the 2011 and 2023 CCSA drinking guidelines has attracted strong criticism from many health experts. Dan Malleck is chair of the Department of Health Sciences at Brock University in St. Catharines, Ontario, as well as director of the school’s Centre for Canadian Studies. In an interview, he bluntly calls the new CCSA guidelines “not useful, except as an example of public health over-reach.” Malleck argues the emphasis CCSA now places on the tiny risk of certain cancers associated with alcohol ignores the vast amount of evidence proving moderate drinking confers both physical and social advantages. This, he says, does a disservice to Canadians.

“The opposite of good public health advice”: According to Dan Malleck, chair of Brock University’s Department of Health Sciences, the Canadian Centre on Substance Abuse and Addiction’s (CCSA) 2023 guidelines suggesting alcohol in any amount is a health hazard are unrealistic. (Source of photo: Brock University)

“The Opposite of Good Public Health Advice”

“There are two possible responses” to the CCSA’s new drinking guidelines touting near-abstinence as the preferred course of action, Malleck says. “People will hear the message that no amount of drinking is healthy and simply ignore the recommendations altogether because they’re so restrictive – and so we end up with no effective guidance. Or they’ll take it all at face value and become fearful that having just two beers a week will give them cancer. Creating that sort of anxiety isn’t useful either.” Considering the two alternatives, Malleck says the end result “is the opposite of good public health advice.”

Perhaps surprisingly, it appears Ottawa agrees with this assessment. While the CCSA is a federally-funded research organization, it is not a branch of the civil service. As such, its work does not automatically come with an official imprimatur. Rather, its reports have to be adopted by Health Canada or another department to become government policy. This was the case with its 2011 guidance. It is not the case with CCSA’s new report.

In response to a query from C2C, Yuval Daniel, director of communications for Ya’ara Saks, the federal minister of Mental Health and Addictions, stated that, “The Canadian Centre for Substance Abuse and Addiction’s proposed guidelines have not been adopted by the Government of Canada. Canada’s 2011 low-risk alcohol drinking guidelines remain the official guidance.”

Too strict even for the Liberals: Federal Mental Health and Addictions Minister Ya’ara Saks has chosen not to adopt the CCSA’s 2023 drinking guidelines as official policy – yet Statistics Canada insists on using them to measure Canadians’ drinking habits. (Source of photo: The Canadian Press/Adrian Wyld)

It seems the CCSA’s new and abstemious drinking guidelines are too strict even for the federal Liberals. The 2011 standard, which considers anything up to 15 drinks per week to be “low risk”, remains the government’s official advice to Canadians. While this seems like a small victory for common sense, it raises another question: if the federal government has refused to adopt the strict 2023 CCSA drinking standards, why is Statcan using them in its research?

According to Malleck, the appearance of the new, unofficial CCSA alcohol guidance in Statcan’s work “legitimizes” the explicitly-unapproved guidelines. “It further reinforces these seemingly authoritative, government-funded recommendations” and obscures the sensible, official advice contained in the earlier guidelines, he says. It seems a strange state of affairs. But given other odd aspects of Statcan’s alcohol survey, it is in keeping with an emerging pattern of problematic behaviour at the statistical agency. Statcan is no longer merely gathering information and presenting it in an objective way, to be applied as its users see fit; the agency appears to be crafting its own public policy by stealth.

Uncovering the Missing Data

Recall that Statcan’s recent alcohol survey withheld consumption data regarding racial, Indigenous and disabled status for reasons of “historical/cultural or other contexts”. Although the statistical agency collected the relevant numbers, it then restricted access to researchers “looking into health analysis for these populations.” As a media organization, C2C requested this data on the grounds it was public information. After some back-and-forth that included the threat of a $95-per-hour charge to assemble the figures, Statcan eventually provided the once-redacted numbers for free. With the data in hand, it seems obvious which numbers were withheld and why.

The only category that seems worthy of any comment is that of Indigenous Canadians. At 20.1 percent, aboriginals display one of the highest shares of ‘high risk’ drinkers in the country.

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Nothing about alcohol consumption by immigrant status or race appears newsworthy. Immigrants are revealed to be very modest drinkers, with 68 percent reporting no alcohol consumed in the past week, and only 7 percent admitting to being in the “high risk” seven-drinks-per-week category. Similar results hold for race; Arab and Filipino populations, for example, display extremely high rates of abstinence, at 88 percent and 80 percent, respectively. Disabled Canadians are also very modest drinkers.

The only category that seems worthy of any comment is that of Indigenous Canadians. At 20.1 percent, aboriginals display one of the highest shares of “high risk” drinkers in the country.

Out of sight, out of mind: Statcan’s recent report on alcohol consumption deliberately withholds data on Indigenous Canadians for reasons of “historical/cultural and other contexts”. (Source of photo: AP Photo/William Lauer, File)

According to Malleck, Statcan’s reference to “historical/cultural or other contexts” in withholding some drinking data is a clear signal the move was meant to avoid bringing attention to Indigenous people and their problematic relationship with alcohol. “A lot of people will now err on the side of caution when it comes to this kind of information [about Indigenous people],” he says. This is a phenomenon that has been building for some time. Nearly a decade ago, the 2015 Truth and Reconciliation Commission’s Calls to Action made numerous demands about how governments and universities deal with Indigenous knowledge and history. “I can see the people at Statcan saying that this [new data] will play into the so-called ‘firewater myth’ and be too damaging culturally to justify its inclusion,” Malleck adds.

“The Unmentioned Demon”

It is certainly true that Canada’s native population has been greatly damaged by alcohol since the beginning of white settlement in North America. As early as 1713 the Hudson’s Bay Company told its staff at Fort Albany, in what is now northern Ontario, to “Trade as little brandy as possible to the Indians, we being informed it has destroyed several of them.”

Later, the pre-Confederation era featured many legislative efforts to limit native access to alcoholic spirits. Further, one of the purposes behind the creation of Canada’s North West Mounted Police (NWMP) was to interdict American whiskey traders at the U.S. border to prevent them from selling their wares to Canadian tribes, who were suffering catastrophically under alcohol. The NWMP were notably successful in that mission, earning the fervent gratitude of prominent Indigenous chiefs on the Prairies. More recently, the topic of alcoholism on native reserves has been the subject of several books, including former Saskatchewan Crown prosecutor Harold Johnson’s powerful 2016 work Firewater: How Alcohol is Killing my People (and Yours).

Canada’s native community has struggled with alcohol abuse ever since white settlement began. Many federal policies have attempted to address this, including the creation of Canada’s North West Mounted Police (NWMP) in 1873. Shown, NWMP officer with members of the Blackfoot First Nation outside Fort Calgary, 1878.

With all this as background, it should not come as a surprise that Indigenous communities continue to struggle with high rates of alcohol use and abuse. In fact, such detail is easily accessible from other government sources. The federal First Nations Information Governance Centre, for example, reveals that the rate of binge drinking (five drinks or more in a day, at least once per month) among Indigenous Canadians is more than twice the rate of the general population – 34.9 percent vs. 15.6 percent. Reserves and Inuit communities also display extremely high rates of Fetal Alcohol Syndrome Disorder(FASD), which is caused when pregnant mothers drink. Some research shows FASD rates are 10 to 100 times higher among Indigenous populations than the general Canadian population. This C2C story calls FASD “the unmentioned demon that haunts the native experience throughout Canada.”

Given all this readily available information, it makes little sense for Statcan to collect and then withhold data about Indigenous drinking. Such an effort will not make the problem go away, nor change public perceptions. Indeed, the only way to reduce alcoholism on reserves and among urban native communities is to confront the situation head-on. The first step in Alcoholics Anonymous’ 12-step recovery program is, notably, admitting to the existence of the problem itself.

With regard to sensitivity about identity, Statcan showed no qualms about labelling Quebeckers as being the thirstiest drinkers in the country. Or that men employed in the trades, equipment operation and transportation tend to kick back with a beer more than twice a week. Further, Indigenous Canadians are not even the country’s biggest imbibers. That distinction belongs to the top quintile of income-earners, with 21.5 percent of Canada’s highest earners in the “high risk” category.

Habs fans at work: While Statcan appears unwilling to publish data revealing that Indigenous Canadians are among the biggest drinkers in Canada, it has no such qualms about identifying Quebec as Canada’s thirstiest province. (Source of photo: CTV News Montreal)

This effort to spare Indigenous Canadians the ignominy of being recognized as among the country’s biggest drinkers, even after devoting more time and effort to researching their habits, follows a 2021 federal Liberal directive that requires Statcan to spend more resources on certain targeted groups. The $172 million, five-year Disaggregated Data Action Plan (DDAP), which is referenced in the alcohol report’s footnotes, is an effort to collect more detailed data about Indigenous people, women, visible minorities and the disabled “to allow for intersectional analyses, and support government and societal efforts to address known inequities and promote fair and inclusive decision-making.”

Setting aside the tedious terminology of the diversity, equity and inclusion (DEI) movement, it may well be a reasonable policy goal to collect more and better information about underprivileged groups. With better information comes greater knowledge and, it can be hoped, an improved ability to plan. But such efforts are for naught if this additional data is then hidden from public view because it might cast favoured groups in a bad light.

Ottawa’s $172 million Disaggregated Data Action Plan (DDAP), unveiled in 2021, is meant to collect and distribute more detailed data on targeted groups including women, Indigenous people and the disabled. It doesn’t always work as promised.

Canada’s Statistical Agency Goes Random

The apparent data damage arising from the new DDAP is not limited to hiding results about Indigenous Canadians. It is also affecting results by gender. Recall that the October alcohol consumption report reveals a clear male/female split in drinking habits, with men drinking substantially more than women. On closer inspection, however, this distinction refers only to self-reported gender identity – not to biological sex. As a result of a separate 2018 directive, the statistical agency is now forbidden from asking Canadians about their sex “assigned” at birth.

This is in keeping with woke ideology favoured by the federal Liberals that regards gender as a social construct separate from biology. But such a policy entails several significant problems from a statistical point of view. For starters, it makes it difficult to compare results with previous years, when gender was defined differently. According to Statcan, this is no big deal: “Historical comparability with previous years is not in itself a valid reason to be asking sex at birth.” These days, ideology matters more than statistical relevance, even to those who once held sacred the objective gathering of high-quality data.

As its work becomes more overtly political and ideological following nearly a decade under the Justin Trudeau government, Statistics Canada is endangering its own reputation as a reliable and impartial source of data.

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This new policy also means that in situations where biological sex is crucial to interpreting the data – health issues, for example – the results are now muddied by the conflation of gender with sex. This is particularly relevant when it comes to self-identified transgender or non-binary individuals. In following the new rules set out by the DDAP, Statcan now takes all transgender and non-binary responses and shuffles them arbitrarily between the male and female categories – what have since been renamed as Men+ and Women+. As Statcan itself reports, this data is “derived by randomly distributing non-binary people into the Men+ or Women+ category; data on sex at birth is not used in any steps of this process.”

Anti-scientific: As a result of the DDAP, Statcan now randomly distributes responses from people who self-identify as transgender or non-binary into its Men+ and Women+ categories, making a mockery of good statistical practice. (Source of photo: Shutterstock)

In other words, Statcan is now randomly allocating the responses it receives from anyone who says they are transgender or non-binary into the Men+ and Women+ categories. Transgender women who remain biological men may thus be included together with other biological women. Doing so is, of course, entirely unscientific. Randomizing data points that have been carefully collected undermines the entire statistical process and weakens the usefulness of any results. Taken to the extreme, such a policy could produce such medical data absurdities as rising rates of prostate cancer among Women+ or a baby boom birthed by Men+. Consider it a triumph of wokeness over basic science and math.

Statistical Irrelevance in Three Easy Steps

As its work becomes more overtly political and ideological following nearly a decade under the Justin Trudeau government, Statistics Canada is endangering its own reputation as a reliable and impartial source of data. The October survey on alcohol consumption contains three examples of this lamentable slide into incoherence which, if not halted promptly, will lead to growing irrelevance.

First is the presentation of controversial new CCSA alcohol consumption guidelines as an official standard by which Canadians should measure their alcohol use. In fact, these guidelines have no federal standing whatsoever; the actual official standards are much more permissive. It is not clear why Statcan would promote these unofficial and scientifically dubious recommendations. In effect, the agency has teamed up with a temperance-minded organization that seems determined to convince Canadians they are drinking too much booze.

This party can’t last forever: Statcan’s recent survey on Canadians’ drinking habits reveals the many ways in which the statistical agency is becoming increasingly ideological in how it collects (and hides) data. If left unchecked, this will eventually lead to its irrelevance as a source of reliable information. (Source of photo: CanadaVisit.org)

Second, Statcan wants to prevent Canadians from having ready access to information about alcohol consumption by Indigenous Canadians. This may be the result of some misconstrued sense of sympathy or obligation towards native groups. In doing so, however, the statistical agency is hiding an important public policy imperative from the rest of the country. It should be the job of Canada’s statistical agency to collect and distribute high-quality data that is relevant to the Canadian condition regardless of whether the resulting inferences are for good or ill. While the $172 million DDAP program was promoted as the means to shine a brighter light on issues of concern for marginalized groups, it now appears to be working in reverse – hiding from public view issues that should concern all Canadians.

Finally, Statcan’s gender-based data collection policy is doing similar damage – and could do vastly more in the future as long-term datasets become ever-more degraded. Also based on the Liberals’ Disaggregated Data Action Plan, the agency now collects responses from Canadians who identify as transgender and non-binary and then randomly allocates these between its Men+ and Women+ categories, undermining the quality and reliability of its own work. While the actual numbers for nonbinary Canadians may be perishingly small, such a flaw should be a big deal for anyone who cares about rigorous statistical validity. And surely Statistics Canada should care.

Peter Shawn Taylor is senior features editor at C2C Journal. He lives in Waterloo, Ontario.

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C2C Journal

Net Gain: A Common-Sense Climate Change Policy for Canada

Published on November 10, 2024

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From the C2C Journal

By Robert Lyman
Most Canadians have come to agree that the federal carbon tax needs to go. But while the rallying cry “Axe the Tax!” has been a deadly partisan tool for Pierre Poilievre, it does not constitute a credible election campaign platform, let alone a coherent environmental policy for a new government. The Conservative Party needs to develop both, writes Robert Lyman. The election this past week of Donald Trump as U.S. President creates an urgency to remake Canada’s climate policy on more realistic, sensible grounds. Drawing upon the pragmatic, economics-driven approach of the Copenhagen Consensus, Lyman proposes a middle path that discards the uncompromising, self-destructive ideology of the Justin Trudeau government while recognizing that most Canadians won’t accept doing nothing.

The Justin Trudeau government has made reducing greenhouse gas emissions the pre-eminent goal of public policy. In 2021 it passed the Canadian Net-Zero Emissions Accountability Act, binding present and future governments to a process intended to achieve “net zero” emissions by 2050 and to set incremental five-year emission reduction targets and plans towards that end. Net zero essentially means eliminating almost all the greenhouse gas (GHG) emissions resulting from the consumption of hydrocarbons – crude oil, natural gas and coal – in the Canadian economy, and doing so within 29 years of the new law’s passage.

This presents an immense challenge and is effectively impossible in the intended timeframe. Canadians currently rely on fossil fuels to meet about 73 per cent of their energy needs. These energy sources provide services essential to Canadians’ incomes and wellbeing: secure, reliable and affordable heat, lighting and motive power to move people and goods, as well as the food, medicine and other critical services to sustain them. Without these energy sources, Canadians would all be far poorer, colder, less mobile and less able to compete in the global economy.

Impossible dream: With fossil fuels currently meeting 73 percent of Canada’s overall energy requirements and fulfilling critical needs from heating to medical services, getting to “net zero” emissions anytime soon seems delusional. (Sources of photos: (top two) Pexels; (bottom two) Unsplash)

At least four trends are coming together to make the present policy course untenable:

  1. The Canadian public is becoming far more aware of the financial costs of the emission reduction measures, including especially the impact of “carbon” taxes (technically, taxes on fossil fuel-related emissions of carbon dioxide (CO2)) and higher electricity rates from switching away from lowest-cost generating options. Federal climate-related spending, by the government’s own admission (see page 125 of the pdf version of the linked document), is now in the range of $20 billion per year, while the economic cost of working towards net zero has been credibly estimated at $60 billion per year.
  2. The public – notably young people and seniors – are becoming more aware of the effects of climate-related regulations and taxes on the cost of living, especially the cost of housing, and on employment opportunities.
  3. There is a wide and growing disparity between the promises of politicians to reduce emissions and what is actually happening; no national emissions “target” has ever been met or is likely to be met.
  4. Rapidly growing emissions in many developing countries (especially China and India), which now collectively generate 68 percent of the world’s total, demonstrate that net zero will not be achieved globally. Furthermore, reductions achieved regardless of cost in Canada (which produces approximately 1.5 percent of global emissions) will yield negligible global benefits in terms of temperature or weather.

The Temptation of a Different Kind of “Net Zero” Policy

Based on these trends, it might be argued that Canada should perform an immediate policy U-turn and cancel all federal measures founded upon any claim of impending climate catastrophe. This would give new meaning to the term “Net Zero Policy”: a government whose climate change policy is to have no policy. Enthusiasm for such an approach must, however, be tempered by the recognition that it runs counter to the position held by all the main political actors in Canada, including notably the mainstream media. Policy, like politics, best evolves in the realm of compromise and consensus.

“Axe the Tax” has its limits: Conservative Party leader Pierre Poilievre (top) has pledged to get rid of the hated consumer carbon tax and eliminate comprehensive electric vehicle mandates, but he’s expected to maintain the pricey “producer” carbon tax on industrial emitters. (Sources of photos: (top) The Canadian Press/Paul Daly; (middle) WSDOT, licensed under CC BY-NC-ND 2.0; (bottom) Shutterstock)

Thus, one should consider where might lie a “middle ground” that could garner the support not only of those strongly opposed to all elements of current policy – which can loosely be described as Conservative leader Pierre Poilievre’s core base – but also of moderates, i.e., people who do not doubt the general notion of climate change but who shy away from radical or ruinous policies to deal with it. This disparate category likely includes much of the business community, what used to be called “Red Tories”, some centrist Liberals disaffected with Trudeau and some working-class NDP voters suspicious of that party’s current direction.

Politics at its most basic will require that the Conservatives have something to put in their campaign platform entitled “climate change”, “emissions” or, more broadly, “the environment”. So far, Poilievre has been cobbling together policy ideas seemingly ad hoc. As practically every Canadian knows, he pledges to get rid of the consumer carbon tax – the one everyone pays at the gas pump or on their natural gas heating bill.

Less understood, however, is that Poilievre is widely believed to intend to maintain the “producer” carbon tax on industrial emitters – an equally steep, equally escalating levy that is burdening industry with billions of dollars in additional taxation. Additionally, Poilievre has promised to get rid of some major Liberal-imposed regulations – like the mandate to transition to entirely electric vehicle production by 2035 – but would rely even more heavily on other technocratic regulations at the industrial level.

Some of these policies make sense on their face; some might not make sense at all. What is clear, though, is that the Conservatives do not have a complete climate change and/or environmental policy – at least not one they have shared with the public. Eliminating the consumer carbon tax as an unfairly imposed cost and needless drag on the economy as well as a symbol of climate policy over-reach would be an important and politically popular way to demonstrate a more common-sense approach.

It is not enough, however, and it would leave a new government vulnerable to the accusation that it lacked a coherent and well-considered approach. Attempting to govern without a clearly articulated overall policy on climate would politically damage even a solid majority government; in a minority situation, it could be enough to destabilize the government altogether and prompt an early election.

A Better Way

There is a better way – a middle way between the current ideological approach and a no-policy-policy. It is inspired by the work of the Copenhagen Consensus Center. This ongoing project seeks to establish priorities for advancing global welfare in a range of areas, from battling diseases like malaria to advancing national economic development to addressing climate change, through methodologies based on welfare economics, which centres on cost-benefit analysis.* The Copenhagen Consensus was conceived and launched in the early 2000s by Bjorn Lomborg, the famous Danish environmentalist. In each policy area examined, subject matter experts present potential policy solutions, which are evaluated and ranked by a panel of economists, thus emphasizing rational prioritization through economic analysis.

Of 15 possible policy measures to respond to climate change, the Copenhagen Consensus panel ranked carbon taxes the very worst – something that’s of obvious relevance to Canada. Also of interest in the Canadian context was the experts’ strong endorsement of research into carbon storage.

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In 2009 the Copenhagen Consensus assembled an expert panel to consider the best responses to climate change and rank them as priorities. The panel was asked to answer the question: “If the global community wants to spend up to, say $250 billion per year over the next 10 years to diminish the adverse effects of climate changes, and to do most good for the world, which solutions would yield the greatest net benefits?”

In the resulting report, the top priorities generally focused on investments in scientific research and technology development and commercialization, while measures to reduce CO2 emissions using currently available technologies were ranked lower, because these were found to incur high costs in relation to the expected environmental benefits. Of 15 possible policy measures to respond to climate change, the Copenhagen Consensus panel ranked carbon taxes the very worst – something of obvious relevance to Canada. Also of interest in the Canadian context was the experts’ strong endorsement of research into carbon storage (something that Alberta and Saskatchewan are very enthusiastic about), planning for adaptation and the expansion and protection of forests.

A better way: Founded by Danish environmentalist Bjorn Lomborg, the Copenhagen Consensus Center uses rational economic analysis to advance global welfare in areas from battling disease to addressing climate change. (Source of left photo: TED Conference, licensed under CC BY-NC 2.0)

The Copenhagen Consensus approach to climate policy presumes that human-induced climate change is occurring and that it probably will have adverse effects, but it contends that other social and environmental issues are more serious threats to humanity and should be addressed as higher priorities. Its careful analyses came to recognize the limitations of currently available technologies in achieving a cost-effective transformation of the global energy system. This is why it advocates prioritizing a significant increase in funding of basic science to accelerate the discovery and commercialization of new emission-reducing technologies. It also places priority on measures taken to adapt to (rather than seek to prevent) potential climate changes and to enhance the overall resiliency of the energy system.

Climate Change Policy Implications for Canada

The Copenhagen Consensus’ cost-benefit-based prioritization of climate change policies is applicable to Canadian policy-making and governance approaches in several important and broad areas, at not only the national but international and inter-provincial levels. What follows is a brief, simplified discussion of the most important aspects, keeping in mind that some of these are large issues in themselves and not resolvable overnight.

Remove the Pressure of Overly Ambitious and Arbitrary Targets

Canada has never met any of the targets set at the international or national levels regarding either the magnitude of emission reductions or the arbitrary dates by which these would be reached. The use of such arbitrary and unrealistic targets should be reduced or avoided. A first step in applying the Copenhagen Consensus’ recognition of the immense difficulty and complexity of achieving an energy transition, along with the need for new technologies whose development does not occur according to a government-controlled timetable, would be for Canada to postpone the “Net-Zero by 2050 goal” to at least 2070 if not 2100.

Adopt a Multi-Goal Framework

Canadian climate policy would henceforth be developed within a multi-goal public policy framework. Rather than making emission reduction the preeminent goal, the federal government would seek to optimize climate policy alongside multiple other public policy objectives including economic prosperity (growth, employment, investment and trade), social harmony, environmental quality, financial responsibility, energy security, defence and promotion of good federal-provincial and international relations, among others.

“Arbitrary targets”: Applying Copenhagen Consensus rational analysis would mean abandoning or postponing Canada’s “Net-Zero by 2050” goal and focusing instead on practical environmental improvement projects. Shown at bottom, the Gold Bar Wastewater Treatment Plant in Edmonton, Alberta. (Sources of photos: (top) JessicaGirvan/Shutterstock; (bottom) Urban Edmonton)

Prioritize the Real Environmental Problems

Despite what one reads and hears in the mainstream media, Canada has very high environmental quality and the areas that need improvement are relatively few. These include solid waste management, sanitation/wastewater treatment and sulphur dioxide emissions per unit of GDP. Most of these are provincial and/or municipal responsibilities, but the federal government can play a role in funding capital investments. Where the federal government has jurisdiction and must regulate, regulatory efforts should focus on addressing tangible environmental problems with practical, cost-beneficial, affordable solutions to further clean up the air, water and soil, and the results should be measured and tracked by comprehensible and publicly available metrics.

Adhere to Technological Realism

A common-sense approach would recognize that energy transitions take a long time. The pace of transition away from fossil fuels must, accordingly, be guided by the rate at which new scientific discoveries can be applied to the development of new products and services and then commercialized to the point of true economic viability. A common-sense policy approach in Canada would abandon the presumption that governments can and should attempt to hasten the technology commercialization process by “picking winners”, granting large subsidies to favoured firms or otherwise trying to centrally plan the changes in the energy economy. Instead, the new approach would entail higher levels of government funding for basic research and development.

The federal government’s 2030 Emissions Reduction Plan could add about $55,000 to the average cost of a new home built in Canada. A new Canadian climate policy would abandon this plan and leave the establishment of building codes, zoning and construction approvals in the hands of provincial and municipal governments.

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Promote Energy Security and Reliability

A new Canadian climate policy would repeal or substantially amend the Clean Electricity Regulations that mandate the elimination of hydrocarbon-based electricity generation by 2035, a goal that this recent study concludes is completely unfeasible. It would also require that future federal or provincial regulation of GHG emissions be based upon a systematic review of the potential impacts on the viability and competitiveness of Canadian industry. Finally, it would eliminate the impending federal cap on oil and natural gas industry emissions (which was unveiled on November 4 and imposes a 35-percent rollback in GHG emissions by 2030) and take other measures to ensure that Canada, which has the world’s third-largest crude oil reserves as well as world-scale natural gas reserves, can continue to increase energy production to meet the needs of domestic and export markets.

The steep cost of compliance: The Justin Trudeau government’s 2030 Emissions Reduction Plan will add an estimated $55,000 to the average price of a new home, pointing to the need to eliminate costly and pointless regulation. (Source of photo: pnwra, licensed under CC BY 2.0)

Reduce Housing Costs

According to the Fraser Institute, the federal government’s 2030 Emissions Reduction Plan could add about $55,000 to the average cost of a new home built in Canada. Even more stringent and costly regulations would undoubtedly follow after 2030 to meet the net zero target. A new Canadian climate policy would abandon this plan and leave the establishment of building codes, zoning and construction approvals in the hands of provincial and municipal governments. This would contribute meaningfully to addressing Canada’s housing affordability crisis.

Legislate Wisely

A new policy would include amending or repealing the Canadian Net-Zero Emissions Accountability Act. The entire law is a litigation “trigger” because it gives climate activist organizations weapons that they can use to engage in “lawfare” – the strategic use of legal proceedings to hinder, intimidate or delay an opponent.

Depoliticize the Regulation of Energy Infrastructure Projects

A new policy would return the regulation of energy infrastructure and rate-making to one that takes place at arm’s length from government political and policy direction. This would require changes to the federal minister’s control of the Canadian Energy Regulator. It would also be highly desirable to reform the system of environmental assessment and review by placing strict time limits on the duration of infrastructure project reviews. Today, regulatory reviews of major energy projects often take five years or longer to complete, and some have taken over 10 years.

The federal Impact Assessment Act (having last year been found largely unconstitutional by the Supreme Court of Canada) would be substantially amended so that the resulting federal law returns to being a review of the national environmental impacts (and any local impacts as these pertain to areas of clearly federal jurisdiction) rather than an exercise in jurisdictional duplication and an assessment of consequences for the entire planet.

A common-sense climate change policy would also streamline, limit the scope of and quicken the currently often 10-year-long environmental assessment process. Shown, the LNG Canada project in Kitimat, B.C. under construction, January 2024. (Source of screenshot: Northcoast Drone/YouTube)

The principle of “whoever hears the evidence should decide” would be brought back into the law, with an appeal to the courts on a question of law only and an appeal to the federal Cabinet on a question of policy. This is how the Canadian Radio-television and Telecommunications Commission (CRTC) has worked for several decades.

The arbitrary and harmful bans on oil tanker traffic on the Pacific Coast and on new hydrocarbon exploration and development in Canada’s Far North would be removed.

Promote Federal-Provincial Harmony

In the pre-2000 period, federal climate policy explicitly recognized that measures should not entail undue costs and burdens on any region or province. This went out the window in the Trudeau era and became a leading cause of federal-provincial discord. A new policy would re-institute this as a cardinal principle. Among other things, it would also be essential to ensure that there was ample coordination and consultation with all affected provinces before any new international commitments were made.

Focus on harmony: To promote more efficient cross-border trade, Canada’s regulatory standards should align with those of the U.S. The incoming Donald Trump Administration is likely to discard electric vehicle mandates and “clean” fuel standards, policy shifts that will affect Canada. (Sources of photos: (top) AP Photo/Evan Vucc; (bottom) Sundry Photography/Shutterstock)

Harmonize Canadian and United States Regulatory Regimes

It would be recognized that to facilitate more seamless cross-border trade with Canada’s largest trading partner, the United States requires that regulatory standards and codes developed in Canada, especially involving the regulation of fuel efficiency/emissions intensity of vehicles and appliances, be closely aligned with U.S. federal standards. It is widely expected that the incoming Trump Administration will discard electric vehicle mandates and “clean” fuel standards, policy shifts that clearly will affect Canada. Although this is not to suggest that Canada allow its policies to be dictated by the U.S., close attention should be paid.

Facilitate Truly Responsible Investing

Canada has committed to adopting the new Sustainability Disclosure Standard under International Financial Reporting Standards (IFRS), which imposes mandatory sustainability-related disclosure and climate-related financial disclosure. These and similar regulatory initiatives are increasing the burden on Canadian firms to report not only their own estimates of GHG emissions but also to try to guess those of their suppliers and customers. This is absurd on its face and creates another trigger for endless litigation when such guesses turn out wrong, prompting accusations of fraud. A new Canadian climate policy would severely restrict the use of such accounting measures.

Fairly soon, the current Official Opposition is likely to take on the responsibility of actually governing. To respond effectively to the economic and political threats posed by climate catastrophism, advocates of policy change must go beyond merely targeting individual policies for cancellation based on complaints about the harm they do.

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Build Adaptation and Resilience

A new Canadian climate policy would place greatly increased, perhaps primary, emphasis on measures to increase the resilience of Canadian infrastructure and economy to future climate changes. Adaptation measures can avoid or reduce adverse future impacts by, for example, changing human behaviour in advance, such as land use rules that prohibit construction of buildings in flood-prone areas, or by taking actions to protect valued resources, communities and landscapes. Many adaptation measures also increase resilience towards climatic variability such as droughts and storms, making them potentially attractive policies even in the absence of long-term human-induced changes. They can pay dividends to society even if all the concerns about climate change turn out to be greatly exaggerated.

A new climate change policy should include measures to increase the resilience of Canadian infrastructure and the economy to future climate changes. Shown, (at top) a storm in coastal Nova Scotia; (at bottom) flooding in B.C.’s Lower Mainland. (Sources of photos: (top) The Canadian Press/Andrew Vaughan; (bottom) The Canadian Press/Jonathan Hayward)

Who Might Implement the Copenhagen Consensus in Canada?

It is clear that the Trudeau government is incapable of such a significant policy reform as summarized above. It is at least conceivable that, were Trudeau to be replaced before the next election, his successor might consider some of these measures; conceivable, but not likely. Most probably, the task of implementing such broad policy changes would fall to a new Conservative federal government. The party’s promises to “Axe the Tax” correctly address the mounting public concern about the impact of carbon taxes on the cost of living and competitiveness of Canadian business, as well as the unfairness with which they have been applied.

Fairly soon, however, the current Official Opposition is likely to take on the responsibility of actually governing. To respond effectively to the economic and political threats posed by climate catastrophism, advocates of policy change must go beyond merely targeting individual policies for cancellation based on complaints about the harm they do. They must think through what a realistic, credible, politically palatable – and cost-effective – climate policy framework would look like. The time to start is now.

*Cost-benefit analysis is a tool economists use to compare the estimated costs and benefits (or opportunities) associated with a proposed undertaking. It involves tallying up all the current and projected long-term costs and benefits, estimating the financial equivalent of those for which dollar equivalents are not available, and converting everything into present-value terms using discount rates. If the costs outweigh the benefits, then the decision-makers should rethink whether to proceed.

Robert Lyman is a retired energy economist who served for 25 years as a policy advisor and manager on energy, environment and transportation policy in the Government of Canada.

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