There are two big points. The first is that Professor Elgie is right. The last word on this is from the Supreme Court in 2010, and that's the MiningWatch decision. In that case, you had a mine that was triggered by a Fisheries Act permit, and the issue was whether DFO could somehow reduce its environmental assessment responsibilities to just those parts that were going to have an impact on federal jurisdiction.
The Supreme Court decided ultimately that actually there was no ability to do that under the act. We had an example of a mine triggered by a fisheries impact assessment that nevertheless constitutionally enabled the federal government to assess the whole thing and base its decisions on that assessment. That's the Supreme Court's last word on that point in 2010.
We actually have a perfect example also, which Professor Elgie described as such a laborious task. I recommend that the panel read the New Prosperity panel report. That's a federal panel report on what was then called the New Prosperity mine. You see the panel, in a very thoughtful way, burning all kinds of ink and time in this exercise of trying to figure out what the federal, provincial, incidental, or indirect federal effects are. At the end of the day, notwithstanding the fact that again the project was triggered presumptively on the basis of a section 35 Fisheries Act authorization, the panel ultimately concluded that the effects on grizzly bears, which most people would normally think of as being provincial in nature, were a federal issue that had to be considered, because it was the destruction of the lake that was going to have an impact on their habitat.
Again, I can only commend you to read the panel report. It is a huge intellectual endeavour. At the end of the day, as Professor Elgie pointed out, there are so many hooks provincially and federally on almost all of these projects. You have to add the interconnectedness and the basic issue of science and ecology: all these things are linked, and you can't take one species out of the environment without it having a cascading effect on something else. It just becomes a very difficult exercise.
I totally agree that it essentially becomes a.... Again, it seems like there's nothing broken here that needs to be fixed.