Mr. Burns said the system could be improved by the establishment of a mediator who could intervene when the AECL and the CNSC reach an impasse. “There is no other way to resolve that conflict if both parties dig in.”Now, there are probably many types of relationships where mediation is underused. But this plainly isn't one of them.
After all, remember what parties are involved here. AECL is an entity bound by Canada's laws respecting nuclear safety, while the CNSC is the body responsible for determining and enforcing AECL's obligations. Which means that if there's a "conflict", the question resolves into a simple issue of whether or not AECL is willing to follow the law. And it can hardly be the CNSC's fault if AECL "digs in" by insisting that it doesn't have to do so.
Put another way, Burns' request is roughly the equivalent of suggesting that before going through the "conflict" of arresting somebody engaged in ongoing criminal activity, the police should have to go to mediation to see if there's any way the wrongdoer can be left alone.
Now, it's hardly news that some Cons may see themselves and their cronies as being above the law - or at least entitled to rely on their own opinion of what the law should be. But it's something else entirely to attempt to tie the hands of regulators themselves to prevent them from carrying out their jobs. And the rightful blame falling on the Cons over the Chalk River fiasco has to include their responsibility for putting AECL in the hands of a chair whose top priority was apparently to pick a fight with the very concept of regulation.
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