Evidence of meeting #18 for Fisheries and Oceans in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was charges.
A recording is available from Parliament.
Conservative
Aaron Gunn Conservative North Island—Powell River, BC
I'm assuming that the members of the committee would like to hear an example of when that would happen.
Fishery Officer and Acting Habitat Coordinator, Vancouver Island and Sunshine Coast, Department of Fisheries and Oceans
Agreed. Yes.
We had a case in which a first nation fisherman was outside his territory and fishing in another's territory, for example. Since he was fishing outside his territory, we were able to get confirmation from the band whose area he was fishing in that we should pursue charges against this individual. In this particular case, we knew this because, when it comes to local first nations, it's difficult to get that confirmation from those first nations to allow them to support us when it comes to charges against their members.
Conservative
Fishery Officer and Acting Habitat Coordinator, Vancouver Island and Sunshine Coast, Department of Fisheries and Oceans
I don't have any examples because we've been trying this for literally the last, probably, eight to 10 years, and we've seen a significant change in our ability now to charge individuals who are first nations. I don't have any examples, but if you give me some time, I could find some to provide to you.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mr. Gunn.
We're going to complete the round with Mr. Klassen for five minutes, sir.
Liberal
Ernie Klassen Liberal South Surrey—White Rock, BC
Thank you very much.
I'm going to share my time with Mr. Morrissey.
I just want to thank all of you for your work. You've shed a lot of light on the dangers in the responsibilities that you carry. We've heard, from the Minister and from Mr. Lambertucci, the statement that illegal fishing will not be tolerated.
As for your comment, Mr. Lushington, about how things have changed in the last five months, I appreciate hearing that. Would you say the entire industry is aware of things changing? Could you expand on that a bit?
Fishery Officer, Department of Fisheries and Oceans
I think industries learn most often from what they receive in media. As we move forward with our operations, it's important that we provide media lines that are timely so that commercial fisheries and first nations can understand what the objectives are that we're trying to do or what has been done. For example, if somebody reported illegal fishing, we conducted an operation and we apprehended the individual. We can't say names; we're limited in what we can say. However, when we can start putting that in the media, it kind of eases the conscience of the public. That way they don't take it into their own hands.
We are doing better. I can only say, just look at what we've done in the last three or four months. The files we've put up since March are serious files. Officers have been assaulted with weapons. We've put them up. We've put up a lot of files in a short window. These files aren't small anymore. They're thick. The burden is shifting to the officers in more detail. As we have a file with a possible infringement on a constitutional right, the file is thicker. The burdens are elevated.
Liberal
Bobby Morrissey Liberal Egmont, PE
Thank you.
I would ask if you could provide to the committee some direction on what would be required to strengthen the term “peace officer”. I'm impressed with the testimony that was given with regard to how you are being limited or restricted in that you are not adequately “termed”, if I can use that word. It limits your ability to fully enforce the law. I would ask the chief to provide some clarification to the committee, if he could, on the peace officer restriction that is limiting the ability of very important DFO protection people to fully enforce the law.
Is this something that could be provided, Chief Lambertucci? There was a reference made to peace officers that's not really clear. What I'm interpreting is that it's leaving confusion in the mind of the officer in the field and could actually put them in harm's way. This is something very important that the committee could act on.
December 9th, 2025 / 5:25 p.m.
National Chief Enforcement Officer, Department of Fisheries and Oceans
If I have time to reply verbally—I can also reply in writing—yes, fishery officers are limited as peace officers restricted to the Fisheries Act. For anything to do with public safety or other Criminal Code offences that fall beyond the Fisheries Act, they do not have peace officer powers.
In addition, they do have the ability, for obstruction or assault, to take actions with peace officer powers if such things occur, but there is still a referral for investigation to a peace officer of the law enforcement of jurisdiction.
Liberal
Bobby Morrissey Liberal Egmont, PE
Okay.
There's been reference to how better traceability would be a game-changer on fish laundering. In the bit of time I have left, could you provide advice, either in testimony or writing, on how this committee could recommend improvements that would make better traceability and begin to act on fish laundering, where fish are being used to launder money?
Liberal
The Chair Liberal Patrick Weiler
I'm sorry. Mr. Lambertucci. You have time for a brief answer. More by writing would be helpful.
National Chief Enforcement Officer, Department of Fisheries and Oceans
Briefly speaking, yes, traceability would enhance our abilities and fisheries officers' abilities in enforcement. I will provide extra information in writing.
Traceability is in place in the elver enforcement continuum. Those conditions of licence and traceability have been helpful.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mr. Morrissey.
That concludes our second panel.
I want to thank our witnesses for being here and for their testimony and their service.
Your testimony is certainly going to be very helpful as we finalize the report and the recommendations that are going to flow from it. Of course, if anything came up today or otherwise that you would like to share with the committee to help in this work, please make sure you do so in writing.
With this, we'll conclude the meeting. The next meeting is not going to be until the end of January, when we're going to review the first draft of the redfish report. I'll just remind you to send in all of your recommendations, additional thoughts and instructions for the review of the Fisheries Act no later than Friday. If all goes well, we can have that completed by the end of February.
With that, I want to wish everybody a merry Christmas and happy holidays.
The meeting is adjourned.