Perhaps I could make three quick comments.
The first one is with respect to the DFO effect on listing. This analysis has yet to be updated, but it's very clear that hitherto, at least up until the fairly recent past, there were different processes being followed by DFO on the one hand and Environment Canada and Parks Canada on the other to support listing decisions. As a scientist, I'm not about to pass judgment, necessarily, on which of those is better. What I can say is that they ought to be the same. That's point number one.
The second point relates to the Fisheries Act. If the Fisheries Act did everything that SARA does for marine mammals and marine and aquatic fish, then you could argue that we don't need a SARA for anything that lives in the water or the oceans. Clearly, SARA and the Fisheries Act have two different purposes, and insofar as the instrument has been designed to try to achieve the stated purpose, I would argue that you need both of them. I think the argument that we can do everything under the Fisheries Act says that, in essence, the Fisheries Act is like SARA for marine or aquatic species, when it is clearly not.
The third point, which relates to critical habitat, is that the reason that critical habitat hitherto has not been defined very well or has not been identified at the recovery stage is probably because it has been interpreted with maximum ministerial discretion. This problem plagued the early days of the Endangered Species Act in the United States. They had exactly the same problem because the issue was critical habitat designation “to the extent possible”. That was interpreted as allowing what amounted to tremendous ministerial discretion under the U.S. Endangered Species Act.
So what we've seen very recently is that because of the court decisions, that particular section of the act is now being interpreted differently. I think my colleagues have summarized it appropriately by saying that there does seem to be a movement now in what we would consider to be the correct direction, insofar as there's now more emphasis being placed on critical habitat identification at the recovery stage. Whether there is still some way to go is, of course, a different issue.