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Doug Graham and Kate White

Bill strengthens food donors' legal protections

If the Donation of Food Act passes into legislation this fall, it could be the catalyst the Chilkoot Food Rescue needs to really take off.

By Ainslie Cruickshank on October 29, 2012

If the Donation of Food Act passes into legislation this fall, it could be the catalyst the Chilkoot Food Rescue needs to really take off.

Started by Amber-Rain Hyshka late last year, the group's mission, according to its Facebook page, is "to collect excess food from local grocery stores to be distributed to students and people in need.”

Not only does the food rescue aim to feed the hungry, it wants to keep unnecessary waste out of the landfill.

Food that can't be distributed will be composted, the Facebook page says, "to prevent it from reaching an ultimate demise in local landfills, thereby contributing to climate change through its release of toxic methane, which is approximately 20 times more toxic than CO2 (carbon dioxide).”

The food rescue has partnered with the Super A in Riverdale, but it's looking for more businesses, including grocery stores, restaurants, and even the Yukon College cafeteria, to join the movement.

Hyshka said the Donation of Food Act is almost a direct regurgitation of a similar act in the Northwest Territories – where a successful food rescue is run in Yellowknife.

"It provides a greater sense of security for businesses who want to donate the food,” she said.

Hyshka began the Chilkoot Food Rescue in Whitehorse. She now lives in Dawson City.

The act's explanatory notes says it "provides for an increase in protection from liability for an individual or organization that donates food.”

It's all about intent, Hyshka noted.

According to the proposed act, "A person who donates food or who distributes food to another person is not liable for damages resulting from injuries or death caused by the consumption of the food unless (a) the food was adulterated, rotten or otherwise unfit for human consumption.”

A person will also remain liable if he or she "intended to injure or cause the death of any person who consumed the food” or "acted with reckless disregard for the safety of others.”

In an interview this morning, Health and Social Services Minister Doug Graham said they hope the bill will increase the amount of food donated to charities around the territory.

"We don't see this legislation as solving all the food security issues in the Yukon but it's another step that we're taking,” he said.

In a release Friday, the NDP noted that if passed, "the bill will increase donations to food organizations serving Yukoners in greatest need by protecting honest donors from liability.

"In the case of the donation of food bill, the minister of Health and Social Services has got it right, and I applaud him,” Kate White, the NDP MLA for Takhini-Kopper King, said in the release.

"In December of 2011, I called on the minister to protect honest individuals and organizations from liability that currently makes donations of perishable food practically impossible,” White said.

"I'm pleased that Yukon communities will soon throw less good food into dumpsters and provide a little more support to people in the greatest need.”

Graham said White's motion in the legislature during the spring sitting probably hastened the introduction of the bill.

"It was definitely on our radar since the (2011) election because it did come up a number of times during the election so it was on our list to do,” he said.

White said she expects the bill to have full support of the NDP.

It was introduced and read for the first time on Thursday.

While White intends to consult with community service organizations like the Food Bank Society of Whitehorse and others to ensure the bill meets their needs, she expects it will have the full support of the NDP caucus.

"We're going to listen to community groups and go over the bill with a fine-toothed comb to see if it needs any minor changes,” White added. "However, I'm confident members of the Legislative Assembly will ultimately reach agreement on this small but important bill.”

Despite White's praise for the minister on the donation of food, she pointed out other areas where she believes government action has been lacking.

These include the need for a comprehensive strategy for affordable housing solutions and greater efforts to reduce the growing gap between rich and poor, eliminate poverty and build inclusive communities.

By Ainslie Cruickshank

Star Reporter

Comments (1)

Up 0 Down 0

Brenda Hyshka on Nov 5, 2012 at 9:57 am

That`s a great step in the right direction .So what will it take to get this Bill passed in the Provinces and in the rest of Canada?

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