Fisheries Committee on April 22nd, 2026

[Ernie Klassen, Liberal, South Surrey—White Rock, BC]

Thank you, Chair. I will continue:

—directing me to investigate and make independent findings of fact regarding the causes of the decline of Fraser River sockeye. I summarize the public submissions I received regarding the causes of the decline, other investigations into the decline, as well as the scientific reports prepared for the Commission exploring the different possible causes of the decline. I also discuss the testimony of numerous witnesses, many of whom were qualified as experts in their fields. Volume 2 includes a summary of the findings of fact I make regarding the possible causes of the decline of the Fraser River sockeye salmon.

Volume 3 contains my recommendations based on my review of the evidence and my findings set out in volumes 1 and 2. I also discuss Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, which was introduced on April 26, 2012, after this Inquiry's evidentiary hearings had concluded, and which received royal assent on June 29, 2012. Bill C-38 amends the Fisheries Act and enacts a new Canadian Environmental Assessment Act, 2012. I summarize the provisions most relevant to the works of this Inquiry, record the views of the participants, and comment on the possible implications of Bill C-38 for Fraser River sockeye salmon and my recommendations respecting them. Volume 3 also provides an executive summary of this Report and a description of the Commission process.

Each volume includes appendices related to that volume. All three volumes contain the Terms of Reference, a glossary, and a list of abbreviations and acronyms.

I refer to many views and opinions submitted by members of the public and participants in this Inquiry, to the testimony of witnesses, and to the documents and reports put before me. The issues dealt with in this Inquiry were the source of differing points of view. In many cases, the issues were matters of significant concern to the speakers or authors. In my effort to convey the intensity of these perspectives, I have quoted submissions and evidence that may strike the reader as incorrect, and perhaps extreme. It's important for the reader to understand that I have been clear in the Report where I have made findings. The recitations of evidence and submissions are not findings. The reader should not interpret the reproduction or summary of evidence or submissions as my endorsement of any particular view.

Throughout this Report, I've tried to provide the reader with—

[Mario Simard, Bloc, Jonquière, QC]

I have a point of order, Mr. Chair.

[The Chair, Liberal, Patrick Weiler]

Mr. Klassen, there's a point of order here.

Go ahead, Mr. Simard.

[Mario Simard, Bloc, Jonquière, QC]

I find what Mr. Klassen is doing fascinating. However, if he thinks he'll have something to say until 6 p.m., we might not needlessly waste half an hour of the witnesses' time. It would be nice to let them go. That's up to you.

[The Chair, Liberal, Patrick Weiler]

Thank you very much, Mr. Simard.

Do the committee members agree on that?

It seems so.

Okay.

Before giving the floor back to Mr. Klassen at this point, this is a discussion that's going to continue for some time and at this point, we'll excuse the witnesses.

Thank you.

With that, I'm going to turn the floor back to Mr. Klassen.

[Ernie Klassen, Liberal, South Surrey—White Rock, BC]

Thank you.

I quote: “Throughout this report—

[Some hon. members]

Oh, oh!

[The Chair, Liberal, Patrick Weiler]

Colleagues, order.

Mr. Klassen has the floor here. There's only one person speaking at a time.

I'm going to hand the floor back to Mr. Klassen.

[Ernie Klassen, Liberal, South Surrey—White Rock, BC]

I'll continue:

Throughout this Report, I have tried to provide the reader with references to the sources of information I relied on by including a list of endnotes following each chapter. The sources are primarily documentary evidence...and the testimony of witnesses.... I also refer to public submissions, which will be archived on our website.... Occasionally, I refer to legislation and judicial decisions, as well as policy and practice reports prepared by Commission staff. In exceptional cases where the evidence was insufficient to explain something, such as an aspect of DFO's organizational structure, I refer to websites. Although they are up to date as of June 30, 2012, it must be kept in mind that websites change over time or become unavailable.

This Report is accompanied by a DVD that includes the transcripts from the hearings along with exhibits, technical reports, legislation, case law, and policy and practice reports relevant to this Report. The DVD also includes my rulings on issues that arose during the hearings, the participants' submissions, and the Interim Report and Final Report. Detailed maps included in the Report are also on the DVD and can be enlarged when viewed electronically.

Where it might be useful, I have tried to provide the page numbers of the transcripts and exhibits that I rely on. For most documents—

[The Chair, Liberal, Patrick Weiler]

Mr. Klassen, there's a point of order.

Mr. Small.

[Clifford Small, Conservative, Central Newfoundland, NL]

I'm wondering if the images that Mr. Klassen is talking about are also available on microfilm.

[The Chair, Liberal, Patrick Weiler]

That's not a point of order, Mr. Small.

With that, I am going to turn the floor back over to Mr. Klassen.

[Ernie Klassen, Liberal, South Surrey—White Rock, BC]

I'll continue:

For most documents, the page number corresponds to the original pagination. If the original document was unpaginated but pagination was applied through the process of its disclosure to the Commission...or by virtue of its being a PDF file, I have provided the corresponding page number.

Now I'll go to chapter 1:

The sockeye salmon of British Columbia's Fraser River are iconic in Aboriginal and non-Aboriginal communities. They have sustained numerous Aboriginal communities and have been at the centre of Aboriginal traditions in this province for millennia. As well, Fraser River sockeye are an important resource in the province's economy, and a key component of its freshwater and marine ecosystems.

Thirty years ago, the Government of Canada established a wide-ranging inquiry to examine all Pacific coast fisheries, including Fraser River sockeye salmon.* Since then, the landscape has changed dramatically. Warming marine and river temperatures and changing snowpack-melting patterns have added to other stressors affecting the health and productivity of Fraser River sockeye salmon. The Supreme Court of Canada and lower courts have made pronouncements on Aboriginal fishing entitlements under the Canadian Constitution, and on other aspects of fisheries management. Management of the Fraser River sockeye fishery has become more complex given competing claims by First Nations and stakeholders, changing policies and practices, and dozens of investigations and reports containing hundreds of recommendations.

Fisheries managers and fish biologists have identified a decline in Fraser River sockeye abundance and productivity since the early 1990s. In terms of abundance, Figure 1.1.1 illustrates that decline and places it in a broader historical context.

[Jacob Mantle, Conservative, York—Durham, ON]

I have a point of order.

I'm just wondering if the chair could make a ruling on whether a report from 2009 is relevant to Mr. Gunn's motion.

[The Chair, Liberal, Patrick Weiler]

Mr. Mantle, it's not for the chair to make a ruling on whether something is relevant, but I would advise Mr. Klassen to make his best efforts to ensure that his comments are relevant to the matter at hand.

[Ernie Klassen, Liberal, South Surrey—White Rock, BC]

I believe this is very relevant to the motion. I'll continue:

In terms of productivity, a think tank of scientists organized by Simon Fraser University and the Pacific Fisheries Resource Conservation Council expressed the decline by comparing the number of adults returning to spawn...to the number of spawning adults four years previously.... If the number of recruits is lower than the parental numbers, the stock would appear to be in decline. Between the early 1990s and 2009, there was a steady and profound decline, to the point where the number of recruits per spawner was well below the replacement level.

The steady decline of this resource over the past several decades has put enormous pressure on Aboriginal and non-Aboriginal communities that depend on the sockeye salmon, whether for Aboriginal food, social, and ceremonial purposes, recreational pursuits, or livelihood.

In 2009, a record low number of sockeye salmon returning to the Fraser River led to the closure of the fishery for the third consecutive year, despite favourable pre-season estimates of the number of sockeye salmon expected to return. However...there was a dramatic improvement in both abundance and productivity in 2010 and, to a lesser extent, in 2011.

In November 2009, the Governor General in Council issued Order in Council 2009-1860 establishing this Commission of Inquiry and appointing me as sole Commissioner under Part 1 of the Inquiries Act to investigate this decline of sockeye salmon in the Fraser River.

The same Order in Council set the Commission’s Terms of Reference. The Order in Council with complete Terms of Reference appears as Appendix A. In brief, the Terms of Reference direct me

(A) to conduct the Inquiry without seeking to find fault on the part of any individual, community or organization, and with the overall aim of respecting conservation of the sockeye salmon stock and encouraging broad cooperation among stakeholders,

(B) to consider the policies and practices of the Department of Fisheries and Oceans (the “Department”) with respect to the sockeye salmon fishery in the Fraser River – including the Department’s scientific advice, its fisheries policies and programs, its risk management strategies, its allocation of Departmental resources and its fisheries management practices and procedures, including monitoring, counting of stocks, forecasting and enforcement,

(C) to investigate and make independent findings of fact regarding

(I) the causes for the decline of Fraser River sockeye salmon including, but not limited to, the impact of environmental changes along the Fraser River, marine environmental conditions, aquaculture, predators, diseases, water temperature and other factors that may have affected the ability of sockeye salmon to reach traditional spawning grounds or reach the ocean, and

(II) the current state of Fraser River sockeye salmon stocks and the long term projections for those stocks, and

(D) to develop recommendations for improving the future sustainability of the sockeye salmon fishery in the Fraser River including, as required, any changes to the policies, practices and procedures of the Department in relation to the management of the Fraser River sockeye salmon fishery[.]

Although there have been several dozen examinations, investigations, and reports on various aspects of the Pacific fishery during the past three decades, this Commission’s mandate is broader than the mandates of previous examinations. It calls for a consideration of all aspects of the policies and practices of the Department of Fisheries and Oceans (DFO* in relation to the management of the Fraser River sockeye salmon fishery and an investigation – not limited to any one year’s return – of the biological, ecological/environmental, and other causes of its decline. It is also the first Commission of Inquiry established under the authority of the Inquiries Act dealing with the Fraser River sockeye fishery since the 1982 Pearse Commission on Pacific Fisheries Policy.

Several aspects of the Commission’s mandate warrant preliminary comment.

One of the provisions of the Terms of Reference unique to this Inquiry was the direction “to conduct the Inquiry without seeking to find fault on the part of any individual, community or organization.” Rather, I was mandated to encourage broad co-operation among stakeholders. I am pleased to report that throughout the Inquiry’s proceedings, counsel for the various participants, while vigorously advancing their clients’ interests, acted with a high degree of professionalism in adopting a collaborative and co-operative approach. This enabled the Commission to gather information and evidence upon which to build a better and clearer understanding about the past declines to place the Commission in a position to recommend the necessary steps and solutions for ensuring the future sustainability of the Fraser River sockeye salmon fishery.

Early in my mandate, an application was made to interpret the direction “to conduct the Inquiry without seeking to find fault …” In my ruling, I found that those words clearly directed me to conduct the Inquiry without focusing on assigning fault to any individual, community, or organization, and to encourage co-operation among the stakeholders. However, I also found that the direction did not preclude me from making any particular findings. In the event that the evidence led me to the conclusion that any individual, community, or organization had engaged in conduct that directly or indirectly was a factor causing or contributing to the decline of Fraser River sockeye salmon, or in conduct that was the basis for recommendations to change policies, practices, or procedures in relation to management of the fishery, the direction did not limit the scope of the findings or recommendations that I was able to make.

The Terms of Reference direct me to investigate and make independent findings of fact regarding the causes of the decline of Fraser River sockeye salmon. Various biological and ecological issues are enumerated, but the words “including, but not limited to” invite me to consider other possible causes as well.

The manner in which Fraser River sockeye stocks have been managed during the period of the decline is an important matter that warrants examination, for several reasons. First, the preamble to the Terms of Reference acknowledges that the decline “has been attributed to the interplay of a wide range of factors, including environmental changes along the Fraser River, marine environmental conditions and fisheries management.” Second, the Terms of Reference specifically direct me to consider the policies and practices of DFO with respect to the sockeye salmon fishery in the Fraser River, including:

the department’s scientific advice;

its fisheries policies and programs;

its risk management strategies;

its allocation of departmental resources; and

its fisheries management practices—

[Aaron Gunn, Conservative, North Island—Powell River, BC]

I have a point of order.

[The Chair, Liberal, Patrick Weiler]

There is a point of order, Mr. Klassen.

Mr. Gunn, go ahead on a point of order.

[Aaron Gunn, Conservative, North Island—Powell River, BC]

Chair, it has been half an hour now. Mr. Klassen is just reading. I don't know how this is relevant to the production of documents.

This is my first year as a member of Parliament. I know there are Canadians watching. What is happening right now? Can a member just talk forever about something that has nothing to do with the motion at hand while we just listen?

[Bobby Morrissey, Liberal, Egmont, PE]

Chair, I have a point of order.

[The Chair, Liberal, Patrick Weiler]

On the same point of order, go ahead, Mr. Morrissey.

[Bobby Morrissey, Liberal, Egmont, PE]

If Mr. Gunn read his motion, he would know it references everything that my colleague is speaking about. That's what it's questioning. To now question through a point of order what my colleague is speaking to, I'm not sure of the basis of it. When the mover moved his motion, it was on the very topic that is being discussed now.

[The Chair, Liberal, Patrick Weiler]

Thank you.

With that, I'm going to turn the floor back over to Mr. Klassen.

[Jacob Mantle, Conservative, York—Durham, ON]

Sorry, but I would like to speak to the same point of order, Mr. Chair.

[The Chair, Liberal, Patrick Weiler]

Mr. Mantle, go ahead on a point of order.