Mr. Speaker, I am happy to participate in the second reading debate of the member for Dauphin—Swan River—Marquette's Bill C-222, the heritage, hunting, trapping and fishing protection act.
The bill hopes to recognize that recreational hunting and fishing have played a significant role in shaping Canada's social, cultural and economic heritage and that recreational hunters, trappers and anglers have made important contributions to the understanding of conservation, restoration and management of fish and wildlife resources.
As a member of Parliament who represents a large rural constituency in northern Manitoba, I can assure my hon. colleagues of the importance of hunting, trapping and fishing within our country. These activities are deeply ingrained in our history, heritage and culture. They represent a common economic activity and a pastime during all seasons of the year, and are an economic contributor in my riding.
However, due to the importance with which we as legislators must regard legislation, it is important that we understand whether it is suitable legislation. Referring to hunting and fishing in the context of heritage, it is important that we understand the intent of the bill and the intent and usefulness of the bill are unclear.
The mandate of Canadian Heritage states that it is responsible for national policies and programs that promote Canadian content, foster cultural participation, active citizenship and participation in Canada's civic life, and strengthen connections among Canadians. In the context of Canadian heritage and the department's responsibility to set policies and programs in this area, we have to look at the current jurisdictional issues and structures on fishing and hunting.
I would contend that mainly the conflicts would arise with provinces, but there would also be potential conflicts with aboriginal and treaty rights with first nations, Métis and Inuit throughout Canada. For instance, in my home province of Manitoba there is existing legislation in the area of conservation, hunting and fishing. These include legislation such as the conservation agreements act, the endangered species act, the polar bear protection act and the wildlife act. Given this fact, we must be careful not to intrude on the province's jurisdiction. I know as well that provinces across the country have legislation similar to Manitoba's legislation.
In addition, the proponent of the bill is well-informed in aboriginal and treaty rights which are entrenched in section 35 of Canada's Constitution Act, 1982. Where there has been jurisdictional debate on section 35 for the Métis nation, it was clearly stated in the Supreme Court of Canada's Powley decision in September 2003, a unanimous decision, that the Métis right to hunt is protected by section 35 of the Constitution.
There is uncertainty on the implications of the bill and what it would create for aboriginal peoples. Does the bill potentially challenge treaty and aboriginal rights? In regard to Canadian Heritage's responsibility for policy and programs on this matter, what would it mean? These are merely some of the questions I am sure members and Canadians would ask.
Despite the general spirit and intent of the bill to embrace this important part of our collective heritage, the uncertainties of jurisdictional conflicts draw concern for me. To this end, I understand that since the initial tabling of Bill C-222, the member for Dauphin—Swan River—Marquette realized some of the potential infringements that this bill may have done and he has addressed the matter. In fact, he made a recommendation to the committee that clauses 1, 2 and 3 be replaced with one single clause stating, “That a person has a right to hunt, fish and trap in accordance with the law”.
I join many of my colleagues when I applaud the spirit of the bill, but I would argue that this issue is dealt with through our provincial laws and through section 35 of the Constitution, and as a federal heritage matter, it is not clear in its intent and implication. Therefore, I cannot support this bill.
