Evidence of meeting #102 for Fisheries and Oceans in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.
A recording is available from Parliament.
Liberal
The Chair Liberal Bernadette Jordan
I'm afraid that you can't move a subamendment to your own amendment.
Conservative
Liberal
The Chair Liberal Bernadette Jordan
Someone else from your party is able to do it.
Mr. Van Kesteren.
Conservative
Liberal
The Chair Liberal Bernadette Jordan
Since you were moving the amendment, it becomes your amendment. Therefore, someone else has to remove the amendment in order for you to put in a subamendment, or the other way around.
Mr. Miller.
Conservative
Liberal
The Chair Liberal Bernadette Jordan
Thank you. We will now move to the vote on the subamendment.
(Subamendment negatived [See Minutes of Proceedings])
(Amendment negatived [See Minutes of Proceedings])
We're moving to PV-2.
Mr. Donnelly.
NDP
Fin Donnelly NDP Port Moody—Coquitlam, BC
Madam Chair, could I get a copy of the CPC motions? Does the clerk have an extra copy?
Liberal
The Chair Liberal Bernadette Jordan
We will now move to PV-2. If PV-2 is adopted, CPC-2 cannot be moved, as there is a line conflict.
Ms. May.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Chair, I've spoken to Green Party-2 in relation to when Fin moved his similar amendment. It's supporting “long-term conservation” and use of fisheries and the “restoration of fish and fish habitat”. Again, it's inserting this so it's clear that we're moving towards reconciliation and the recognition of both section 35 of the Constitution Act and the United Nations Declaration on the Rights of Indigenous Peoples. I'm sorry if I jumped the gun earlier.
Thank you.
(Amendment negatived [See Minutes of Proceedings])
Conservative
Mel Arnold Conservative North Okanagan—Shuswap, BC
I'd like to move that amendment.
(Amendment negatived [See Minutes of Proceedings])
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Now that I have the mike again, I was very grateful for support on my first amendment and I want to thank the majority of the members of this committee.
This is pursuing the change found on page 4, between lines 13 and 16, to expand the duty of the minister when considering matters that could constitute an adverse effect on the rights of indigenous peoples. To protect rights for indigenous peoples throughout the bill, the expansion eliminates the concept that they're only acting when there are adverse effects.
My amendment would strengthen that language by saying “upholds the protection provided for the rights of Indigenous peoples” by the recognition and affirmation of section 35 of the Constitution. It then adds a proposed subsection 2.4(2) to “take all measures necessary to ensure that the act is administered in a manner that is consistent with the United Nations Declaration on the Rights of Indigenous Peoples”, which is further qualified and specified by noting the date on which it was adopted.
Thank you, Madam Chair. I appreciate the chance to put forward this amendment.
Liberal
The Chair Liberal Bernadette Jordan
Thank you, Ms. May.
If PV-3 is adopted, NDP-4 cannot be moved, as there is a line conflict. Also, if PV-3 is defeated, so is NDP-4, as they are identical.
(Amendment negatived [See Minutes of Proceedings])
We are now on PV-4.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Chair, this is based on a recommendation from the Tsleil-Waututh testimony before the committee to revise decision-making considerations to more accurately reflect and inform modern exercise of ministerial discretion, and to promote the administration of the Fisheries Act.
In doing so, it somewhat reduces the discretion of the minister and specifies the considerations to include traditional knowledge, which is expanded. Although traditional knowledge is currently listed as a consideration, my amendment would further define it by regulation, so that there will be more opportunity for indigenous peoples to put in specificity as to what is meant by traditional knowledge through subsequent regulation.
Also, it recognizes there may be agreements with governments of provinces, and is expanded to include climate change as a specific feature, “the conservation of biological diversity” as another specific consideration, “fish habitat restoration plans, action plans, cumulative effects assessments and any other type of management plan”, and finally, “the rights, including fishing rights, of Indigenous peoples”, recognizing that those rights derive from both section 35 of the Constitution and the United Nations Declaration on the Rights of Indigenous Peoples.
Liberal
The Chair Liberal Bernadette Jordan
If PV-4 is adopted, NDP-5, CPC-3, and LIB-1 cannot be moved, as there is a line conflict.
(Amendment negatived [See Minutes of Proceedings])
We are now on NDP-5.
If NDP-5 is adopted, CPC-3 and LIB-1 cannot be moved, as there is a line conflict.
Mr. Donnelly.
NDP
Fin Donnelly NDP Port Moody—Coquitlam, BC
Madam Chair, this amendment adds climate change, conservation of biological diversity, working with first nations and first nation governments, and would give more certainty to the minister's ability to change owner-operator provisions for the Pacific coast in the future.
(Amendment negatived [See Minutes of Proceedings])
Conservative
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Chair, I am moving this amendment.
The fourth paragraph adds “other fish harvesters in commercial inshore fish-". I believe we heard much testimony in committee that it wasn't just licence holders, that it was fisheries, the active fish harvesters, that needed to be considered. That's why we're asking for that to be inserted.
(Amendment negatived [See Minutes of Proceedings])
Liberal
Ken Hardie Liberal Fleetwood—Port Kells, BC
This simply brings the language into harmony with Bill C-69. It would use the same language. It's just the term. It's meant to apply to both pieces of legislation.
(Amendment agreed to [See Minutes of Proceedings])
