Mr. Speaker, the Minister of Justice has outlined to the House what this bill is all about. He has done so with the clarity, directness and forcefulness that comes naturally to the minister. Before his appointment he was one of Canada's leading trial lawyers. In his speech the minister dealt principally with the amendments to the Criminal Code. He dealt briefly with the amendments to the Coastal Fisheries Protection Act.
I will seek to provide the House with more detail on this latter topic.
The amendments to the Coastal Fisheries Protection Act provide authority to use disabling force against a foreign fishing vessel that is fleeing so as to arrest the person commanding the vessel. This legislation relates to foreign fishing vessels, it does not relate to Canadian vessels.
The reason is simple. Canadian vessels operate from Canadian ports, thus the person in command of a Canadian fishing vessel can be arrested when he returns to port. This is not true, of course, for foreign vessels.
No new powers would be granted by this legislation. The amendment to the Coastal Fisheries Protection Act is necessary to avoid any uncertainty that may be created by the proposed amendment to subsection 25(4) of the Criminal Code.
Let me outline when disabling force could be used. The legislation sets out three conditions. A duly authorized Canadian official referred to as a protection officer is proceeding lawfully to arrest the person in command of a foreign fishing vessel. The vessel takes flight to avoid the arrest and the protection officer believes on reasonable grounds that force is necessary to make the arrest. Thus, Parliament would define in the legislation when disabling force could be used.
The government would decide how disabling force would be used. This would be done in regulations, the authority for which is granted in the legislation. As the Minister of Justice indicated, these regulations would be consistent with the Charter of Rights and Freedoms.
Disabling force would only be used following ample warning. This would give a fleeing vessel the opportunity to stop. It would also allow the crew of the fleeing vessel to leave the part of the vessel to be fired upon. Disabling force should be a last resort. Every opportunity should be provided to avoid its use.
When it is used, every effort should be made to avoid casualties. Yet, a credible threat of disabling force is necessary to act as a deterrent.
In general terms the regulations would provide for the use of disabling force at sea in compliance with international practice. A foreign vessel has fished contrary to Canadian laws. Various methods of warning the vessel are used. Internationally accepted flags are hoisted to request communication with the vessels and to order the vessel to heave to. Flashing lights and whistles are used to order the master to stop his vessel. Internationally accepted codes are used to signal the vessel to heave to. Repeated orders to stop are also made via radio communication. Only if these are unsuccessful-I repeat, unsuccessful-are warning shots fired.
If all of those attempts to get the vessel to stop are failed, those aboard the vessels are told that disabling force will be used. They are told the part of the vessel that will be fired upon and they are told to leave that part of the vessel. Additional opportunity is given for the vessel to stop or for the crew to leave that part of the vessel. Only then would disabling force be used and only as much force as would be necessary to stop the vessel and make the arrest. This follows international practice in the use of disabling force at sea.
It has always been important for Canada to protect its fish resources. This is critical today off our Atlantic coast where cod and flounder stocks face possible commercial extinction. We must take all measures necessary, domestic and international, to protect them.
The greatest threat to stocks of cod and flounder that straddle the 200-mile limit is from the vessels fishing in international waters and flying flags of convenience. These are flags of countries like Panama, Honduras, Belize and Sierra Leone. These vessels continue to harvest fish stocks that are at dangerously low levels. They fish without quotas. They harvest whatever they can catch. They use small mesh gear. They target undersized fish. In short, they break every conservation rule in the book. For the owners of these vessels, profit comes first and conservation is never considered. They simply do not care.
The Government of Canada will no longer stand by and watch this happen. These vessels will not be allowed to take the last of the breeding stock of cod or flounder before moving on to overfish somewhere else in the world. For too long these vessels have hidden behind obscure technicalities in international law. For too long they have claimed the protection of countries that neither the vessels nor their crews have ever seen. We will not
let the technical niceties shield them any more. Their time is almost up. Canada is going to stop their overfishing.
Canada has never used disabling force against a foreign fishing vessel. We hope we will never have to, but we must be prepared to do so where circumstances warrant.