Thank you, Mr. Chairman. I welcome the opportunity to speak on LIB-2.
Section 35 of the Constitution Act of 1982 recognizes and affirms the existing treaty rights of the aboriginal peoples of Canada. As a matter of law, references to section 35 do not need to be included in the act. There are different views of the intent and purpose of non-derogation clauses, and these different views tend to create confusion and uncertainty. For that reason, non-derogation clauses should be avoided.
The Fisheries Act is a law of general application, the key objectives of which are to conserve and protect fish and fish habitat and properly manage and control fisheries for present and future generations. This involves the balancing of many competing interests, and guidance provided by the courts allows for this balancing. The inclusion of a non-derogation clause could seriously compromise the ability to balance competing interests and conserve the resource; therefore, we do not want to risk this by putting in this clause.