The Canada Business Corporations Act (CBCA) imposes statutory liabilities on directors of federally incorporated companies. In addition, directors can be held liable for a breach of their fiduciary duties owed to the corporation. By the same, the executive directors of the Conservative Party of Canada and elected government officials who by election become directors of the Government of Canada, in as much as they have a majority of the seats in the House of Commons, and agents of the people of Canada can be held liable for a breach of their fiduciary duties owed to the people they represent.
the Conservative Party of Canada, the Executive, Stephen Harper, Jim Flaherty, Joe Oliver (and others) did deliberately with fore knowledge exacerbate the problem of environmental pollution and ecological degradation in Canada.
1. Fail to enforce laws, rules and regulations intended to protect the environment and the surounding ecology from industrial operations contamination, namely the Oil Sands region in Northern Alberta.
2. Did enact legislation which places waterways, the surrounding ecology and peoples at risk, namely Budget Implementation Bill, C-38 which restructures the Fisheries Act and repealing the Canadian Environmental Assessment Act.
3. Did willfully and purposefully limit their obligations in environmental protection by failure “to protect the components of the environment that are within the legislative authority of Parliament from significant environmental effects caused by a designated project.”
The Citizens of Canada, the plaintifs, ask that this court rule that the Conservative Party of Canada and the named persons have a fiduciary obligation to the Citizens of Canada to use best practices for protecting the environment and ecology of and within Canada and areas extending beyond Canada’s natural boundaries, namely the offshore and the air above from which Canada and all Canadians gain mutual benefit.
The plaintifs contend that the Conservative Party of Canada collectively, in that the elected representatives are agents under the name and council of the Conservative Party of Canada and do form the majority of seats in the Parliament of Canada and hence have control over the agenda and legislation enacted by the Government of Canada, have a fiduciary obligation on behalf of the peoples and citizens of Canada.
The plaintifs contend that the Conservative Party of Canada working through the named perpertrators did benefit financially and politically gain from their actions and failures there-by breaking the fudiciary trust between Government and the peoples of Canada. Many of the laws enacted and or changed have benefit mainly and often solely for corporations (oil and pipeline companies) where environmental and ecological protection laws and rulings may effect their profits. It is these corporations which give huge financial benefit to the Conservative Party of Canada and influence over conservative media and advertizing.
By admission of the Government of Canada, “The Canadian Environmental Protection Act, 1999 (CEPA 1999). CEPA 1999 is an important part of Canada’s federal environmental legislation aimed at preventing pollution and protecting the environment and human health. The goal of CEPA 1999 is to contribute to sustainable development – development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs.”
The plaintifs will show that the accused have deliberately failed in as;
The Canadian Environmental Protection Act makes very clear that the Governments written obligations by law;
– makes pollution prevention the cornerstone of national efforts to reduce toxic substances in the environment;
– sets out processes to assess the risks to the environment and human health posed by substances in commerce;
– ensures the most harmful substances are phased out or not released into the environment in any measurable quantity;
– strengthens enforcement of the Act and its regulations;
From the act;
Whereas the Government of Canada will continue to demonstrate national leadership in establishing environmental standards, ecosystem objectives and environmental quality guidelines and codes of practice;
Whereas the Government of Canada is committed to implementing the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
And whereas the Government of Canada must be able to fulfil its international obligations in respect of the environment;
(a) exercise its powers in a manner that protects the environment and human health, applies the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation, and promotes and reinforces enforceable pollution prevention approaches;
(a.1) take preventive and remedial measures to protect, enhance and restore the environment;
(b) take the necessity of protecting the environment into account in making social and economic decisions;
(c) implement an ecosystem approach that considers the unique and fundamental characteristics of ecosystems;
(d) endeavour to act in cooperation with governments to protect the environment;
(e) encourage the participation of the people of Canada in the making of decisions that affect the environment;
(f) facilitate the protection of the environment by the people of Canada;
(g) establish nationally consistent standards of environmental quality;
(h) provide information to the people of Canada on the state of the Canadian environment;
(i) apply knowledge, including traditional aboriginal knowledge, science and technology, to identify and resolve environmental problems;
(j) protect the environment, including its biological diversity, and human health, from the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;
(j.1) protect the environment, including its biological diversity, and human health, by ensuring the safe and effective use of biotechnology;
(k) endeavour to act expeditiously and diligently to assess whether existing substances or those new to Canada are toxic or capable of becoming toxic and assess the risk that such substances pose to the environment and human life and health;
(l) endeavour to act with regard to the intent of intergovernmental agreements and arrangements entered into for the purpose of achieving the highest level of environmental quality throughout Canada;
(m) ensure, to the extent that is reasonably possible, that all areas of federal regulation for the protection of the environment and human health are addressed in a complementary manner in order to avoid duplication and to provide effective and comprehensive protection;
(n) endeavour to exercise its powers to require the provision of information in a coordinated manner; and
(o) apply and enforce this Act in a fair, predictable and consistent manner.
Is there not a case in which the peoples of Canada can sue the administration of the Government of Canada for failure in their duties under law and their fudiciary duties to the welfare of the peoples of Canada?