One key weakness of consensus decision-making is that any party can prevent consensus, and therefore prevent a decision. At Rio, the oil producing countries blocked decisive language on carbon consumption and greenhouse gases, no matter how strong the science. Environmentalists suggest that the federal government has, and should have, the primary responsibility to establish Canada-wide environmental priorities. If consultation and consensus fail, they argue that the federal government should make the necessary decision. It is a sign of our great constitutional weakness that nothing in the accord addresses the possibility that science will show a need for environmental action, but that our various governments will not agree to act.
Canadian governance is a maze of such problems.
The accord will not make our constitutional uncertainties any worse in law, and may help smooth over them in practice. Nor will any government give up its legal powers by signing the accord. On balance, the CCME deserves congratulations. The proposed National Accord on Environmental Harmonization would do no harm and could do considerable good. They've had several rounds of public consultation.