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Howard Anglin: Canada’s criminal justice system will not be fixed by stale progressive tropes

Commentary

Lindsay Souvannarath was sentenced in April after pleading guilty to conspiracy to commit murder in a plan that would have seen two shooters open fire at the Halifax Shopping Centre food court in 2015. Souvannarath arrives at provincial court for a preliminary hearing in Halifax on Wednesday, July 8, 2015. Andrew Vaughan/The Canadian Press.

It has become common for the fussier sort of journalist to complain about politicians, especially conservative politicians, who belittle the advice of academics and experts. But if law professor Ben Perrin’s latest book, Indictment: The Criminal Justice System on Trial, is what passes for academic expertise these days, then those politicians should double-down on their disdain.

It is a difficult work to classify: too casual for scholarship, too dull for beach reading, it belongs to that peculiarly Canadian genre of subsidised, orthodox non-fiction. You know the type: a glowing endorsement from an admirable Canadian (in this case, Jody Wilson-Raybould); a Big Idea backed by anecdotal vignettes; and every few pages a sentence that begins “There is a saying that …” At the end of the book, Perrin provides the contact number for Canada suicide prevention services, which is thoughtful but unnecessary. The book is bad, but not that bad.

Perrin’s thesis is that Canada’s criminal justice system is inundated by criminals suffering from trauma—racial trauma, historical trauma, settler-colonial trauma, incarceration trauma, intergenerational trauma—and that unless we upend the entire system and remake it from top to bottom, it will continue to fail them and us. There’s no point in objecting that, although there is some obvious truth in the diagnosis, the prescription is delusive, because this isn’t intended to be a piece of thoughtful and balanced academic work (at least I hope it isn’t)—it’s a manifesto.

Perrin introduces his case through a series of personal stories drawn from dozens of interviews with putatively illustrative victims of the justice system. No doubt this is intended to make the argument more approachable. Unfortunately, his clumsy attempts to launder ideology through anecdotes end up sounding manipulative and feeling exploitative. By telling his subjects’ stories in their own voices, Perrin tries to give them agencyHow much agency, of course, we don’t know, as the stories feel heavily edited., but by constantly minimising their culpability he takes it right back.

Consider “Lana,” who was the “victim” of engaging in a high speed police chase with her boyfriend and a friend of his they picked up beside the road, who just happened to be armed. When the police finally caught up with them and arrested her boyfriend less tenderly than she would have liked, Lana was indignant: “We complied to their demands of us getting out of the vehicle in a timely manner.” As though after leading a multi-car chase that endangered her passengers, the police, and the public, that’s the real concern.

Perrin takes up her story: “As a result of the incident, Lana developed severe PTSD, including vivid flashbacks,” he writes. “Before she was eager to try and work with the police to help the missing and murdered. But now, she says ‘I don’t want anything to do with the police.’ And all because she just stopped to give someone a ride.” Well, that’s not exactly “all” that happened now is it, counsellor. There was a little more to the story than that.

Phil De Luna: Canada is on the verge of a world-leading carbon removal industry

Commentary

A worker drives a forklift at Calgary-based Carbon Engineering’s first direct air capture plant in Squamish, B.C., on Wednesday October 7, 2015. Darryl Dyck/The Canadian Press

We stand at a pivotal juncture in history. Canada is presented with an economically prosperous, climate-driven, unique technological solution, and it would be remiss to not maximize its potential. The weight of our collective inaction on climate is coming to a head. Carbon dioxide removals will not only address climate targets, but provide Canada billions of dollars of investment.

Over the past three decades, Canada has consistently missed its greenhouse gas reduction targets. These persistent oversights have come at a grave cost. Oxford Economics has projected that the wildfires of 2023 alone could detract between 0.3 and 0.6 percentage points from Canada’s  economic growth this  quarter.

The Canadian Climate Institute’s recent analysis paints an even bleaker picture, predicting climate-induced costs soaring to $25 billion Canadian dollars by 2025, eroding Canada’s already slow economic growth. This drastic data makes it clear that the emissions reduction agreements of the past are no longer sufficient. In order for humans to survive on this planet, we now need to aim to become carbon negative.

In adversity lies opportunity. Carbon Dioxide Removals (CDR), arguably the most powerful tool in our environmental arsenal, offer not only the chance to reverse the damage caused by climate change, but ensure we can support an economic growth agenda. CDR is a technology-first approach to addressing climate change—and we have all the tools to make it happen.

By drawing carbon from the atmosphere and oceans and encouraging the technological development and investment required to scale it, the path to a prosperous carbon-negative future can become a reality. Canada has all the right ingredients to be a global leader in CDR. We have access to renewable energy (and the room to build lots more), best-in-the-world CO2 storage reservoirs, and some of the best talent globally within our oil and gas sector.

This is why Canada must take a leadership role in the fight against climate change while becoming a global economic powerhouse producing high quality carbon removal credits.

Making Canada a World Superpower in CDR

1. Set an ambitious Carbon Dioxide Removal agenda

Canada is working from a position of strength. Outside the United States, no other country has made a strategic bet on the carbon removal industry. Currently, the federal government largely lumps its approach on CDR with other CCUS (CO2 Capture, Utilization and Storage) policy measures, as part of its national Carbon Management Strategy. But, carbon removal is different from carbon capture. The problem it solves for is different (emissions reduction vs. net removals); the technology used is different; the supply chain is different, as are some of the energy challenges.

Canada needs to think about CDR in the same way it is approaching AI, critical minerals and EVs. This is a once in a generation economic opportunity that can only be achieved if we’re strategic about building a policy agenda that actively removes barriers and enhances investment.

2.  Improve the CO2 Capture, Utilization and Storage Investment Tax Credit

This past June, the Canadian government finalized its investment tax credit for capital invested in CCUS projects, with the goal of reducing emissions by at least 15 megatonnes of CO2 annually.

But there are three challenges with the CCUS investment tax credit as it is currently structured.

First, it does not recognize new and effective methods for storing CO2. Today, the only way a company  can store CO2, if they want to receive the CCUS tax credit, is through dedicated geologic storage (ie. deep saline aquifers) or within concrete.

Canada has the potential to exponentially increase its storage capacity for CO2 by also making in-situ mineralization an eligible storage method.  “In-situ mineralization” is a process where C02 is injected into underground CO2 -reactive rocks, converted into stone, and safely storing it permanently.  There is significant untapped potential for this storage mainly across Quebec, Ontario, Manitoba, and B.C.

Second, the CCUS tax credit only applies to a single method for carbon removals: Direct Air Capture. (DAC). DAC is important and certainly top of mind to governments around the world as highlighted through the $3.5 billion dollars being invested by the United States in DAC Hubs through the Inflation Reduction Act.  There are also promising developments in something called direct ocean capture, where you remove CO2 from the ocean.  This is exciting because oceans have higher concentrations of CO2 than air, potentially making this a more efficient way to remove CO2 from our atmosphere.

Finally, at least for the emerging carbon removal sector, the 60 percent ITC should be extended to 2035, at a minimum. The investment tax credit covers all sorts of carbon capture technology, including point-source capture (for example capturing from a chimney). These technologies have been around for decades and are operating at scale. The federal government’s one-size-fits-all timeline for the scale-back of the CCUS ITC does not reflect the fact that CDR technology still needs a number of years to achieve full scale deployment. Canada should extend their tax credit for CDR technology.

3. Accelerate Carbon removal finance

Flow-through Shares for carbon removal projects

Flow-through shares (FTS) serve as a crucial financial mechanism, particularly in sectors with significant upfront expenditures and longer timelines for revenue realization, such as the resource sector. By allowing corporations to “flow through” their tax deductions to investors, FTS offer an incentive for investment in projects that might otherwise be deemed too risky or long-term. They should be made available to our industry.

Green bonds for carbon removals

Green bonds are a type of fixed-income instrument dedicated specifically to raising money for climate and environmental projects. These bonds work like traditional bonds, but the funds raised are exclusively applied towards green initiatives, such as renewable energy, pollution control, or sustainable agriculture.

To support the nascent carbon capture and sequestration industry, the federal government should materially step up its issuance of green bonds. It should also recognize carbon removal like direct air capture formally within green bond definitions. Proceeds should go to funding initiatives in the carbon removal sector and the purchase of carbon credits on behalf of the government of Canada.

Government purchase of carbon credits

Carbon offset credits represent a tangible commitment to mitigating the effects of greenhouse gas emissions. For Canada, the strategic acquisition of carbon offset credits could serve as a linchpin, enabling the country  to realize its goal of net-zero emissions by 2050, while stimulating economic growth in the green sector.

Supporting a real growth agenda

As we continue to feel the consequences of climate change, the need to seriously address and reverse it grows. Canada, in particular, has arrived at a crossroads. Past failures in achieving greenhouse gas reduction targets have exposed the nation to both environmental and economic vulnerabilities. However, moments of great challenge can usher in periods of unmatched innovation and change. The time for Canada to seize the opportunity and become the global hub in the fight to reverse climate change is now.

A multifaceted approach is essential to adapt to a shifting climate narrative and develop an industry that will help drive the world towards a carbon-negative future. Carbon capture is no longer a futuristic concept; it is a necessity, holding the promise of not only reversing climate change damage but heralding in a new, green economic boom.

These recommendations are concrete steps towards realizing this vision. By adopting these measures, Canada can reduce  its carbon footprint, invigorate its economy, and become the global green benchmark.

This is more than just a set of policies; it’s a vision for Canada’s future—one that is economically robust and environmentally sound. As the world watches and waits, Canada has the tools, resources, and moral imperative to lead by example and pave the way towards a carbon-negative future. The time to act is now. The potential rewards— for Canada and the world are profound.

 

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Phil De Luna

Phil De Luna, Ph.D is the chief carbon scientist and head of engineering at Deep Sky, the world’s first technology agnostic carbon removals project developer. He is an award-winning scientist and previously led carbontech at McKinsey & Company, was a director at the National Research Council, and is a Forbes…...

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