Mr. Speaker, at the outset let me congratulate the parliamentary secretary, the member for Lachine-Lac-Saint-Louis, for his opening remarks and for having set the tone for this debate and also for having ensured that there will be a thorough examination at the committee level so as to provide for consultation with interested Canadians.
Also I would like to congratulate the member for Terrebonne and the member for Kootenay East for having put forward such interesting observations that will certainly add to the quality of the examination and also because they give life to what otherwise would seem a rather stultified and bureaucratic piece of legislation. It is not stultified. It is not a dull and uninteresting piece of legislation.
On the contrary, I would argue that this is a very important piece of legislation being introduced by this new government today in the House mainly for three reasons. One, it is important because the movement of migratory birds has enormous significance for our farmers, for the role that birds play in the ecological balance and in maintaining a control of insects in the open agricultural environment. That role of course is well known but it is never underlined and highlighted enough.
Second, to the urban dwellers the arrival and departure of migratory birds and their staying in Canada during the good season is a source of enormous pleasure. That pleasure is not limited to bird watchers. It is a well known shared interest that Canadians have for the presence of this magnificent species.
Third, the fact that our literature and our heritage are based on the presence of migratory birds is witnessed alone by the fact that we have found it over the decades desirable to produce banknotes and coins reproducing some of the better known migratory birds in Canada.
For all these reasons it is quite safe to assume that deep down in the subconscious of the Canadian psyche there is a tremendous attachment to wildlife and therefore the migration of birds means more than just what that poor term conveys. It is an attitude toward nature. It is an attitude toward wildlife and essential pleasure is derived from it which cannot be easily described with plain words as I am attempting to do today.
For these three reasons I would say we are debating here in this House a piece of legislation that is significant for us and can have very significant repercussions for future generations of Canadians as other speakers have already highlighted, in particular the members for Terrebonne and Kootenay East.
This bill will allow for the creation of sanctuaries. It will ensure the management of areas important for the protection of migratory birds. It is important to note that at the present time we have in Canada some 101 bird sanctuaries protecting roughly 11 million hectares which are covered for that purpose.
If we look at the new act it is intended to broaden the definition of migratory birds. This is important because it will include sperm, embryos and tissue cultures. This is intended as a protective measure against development in biotechnology which may take place in future years. It is a very good clause that is proactive and of particular value.
Under this bill regulatory authorities will be established. One can only say that on the whole this bill is most laudable and very well prepared.
The contentious parts, however, that could be discussed and raised today relate, as is usually the case with these kind of bills, to fines and enforcement. Very briefly, I would like to draw attention to the fines which under the present legislation, before this bill comes into force, are a mere $10 to a maximum of $300. They are only levied upon summary conviction. Evidently there is here a vacuum that must be filled and we must say that this legislation is long overdue.
In the proposed bill the maximum fine will be $5,000 for summary conviction offences and up to $25,000 for indictable offences.
The question is are these fines really sufficient? I am sure there are a variety of views on this in reply to this question. In other words, is $5,000 adequate to deter someone from harming, killing or possessing and illegally trading protected species?
From the comments made by the member for Terrebonne I would be inclined to conclude that this fine is not enough, that the legislators should give the judge sufficiently broad range of fines and let the judge decide how strong the fine should be. However, the penalty should be as strong as it can conceivably be because it will also serve a purpose not just this year and next year but probably 10 or 20 years from now when this legislation is likely to be amended, but we do not know for sure. Therefore
the question of fines is one that raises a number of interesting questions.
The same can be said about enforcement. Enforcement officers will be appointed under this legislation. Their powers will be more consistent with other federal and provincial conservation legislation. Subsection 13 addresses this particular aspect of enforcement.
The question is whether a person who commits or continues to commit an offence for more than one day should be penalized or whether a limitation of one day is one that ought not to be deleted so that there is no reduction in the offence that is contemplated by the judge.
I would be inclined to think the enforcement section needs a good examination by the committee to make it stronger. It is true that the amendments will become strong deterrents to those who would traffic in wildlife. There is no doubt that they read very well. We have to make sure that there is enough strength in the Canadian Wildlife Service and in the provincial affiliated departments to carry out what is in the legislation.
Therefore I must bring to members' attention a statement made recently by the Animal Alliance of Canada in which a recommendation is made to stop the continued erosion of the numbers of wildlife enforcement officers, that the current vacancies of five enforcement people be filled and the remainder of 29 person-years be completed to bring the enforcement officers to a level that was promised in 1991, which is just above 30.
One must wonder whether in a country as large as Canada with such a large federal jurisdiction it is realistic to expect an enforcement of this important legislation with only 30 enforcement officers or thereabouts. Evidently the answer is no and evidently we will have to address this very important question.
Resources must be allocated to enforcement. These 30 or so positions must be increased, otherwise Canada is running the risk of not being able to meet its obligations under this legislation, under the Cites legislation as well as the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. That is quite a lengthy title for that matter.
There are a number of questions that ought to be put on record on second reading. I would simply reduce them to the following.
Is there sufficient power provided by this bill so that the present minister and future ministers can undertake all the necessary action to ensure the protection of migratory birds?
Is the scope of this convention broad enough now that Canada has entered into NAFTA? Should initiatives not be launched at the political level as well as at the technical level to broaden the scope of the Migratory Convention Act so as to include Mexico and both Central and South America since as well we all know the movement of birds does not respect boundaries?
This convention is binding only on North America. If the scope of the convention is not broadened, a number of species could be in danger in the years ahead.
Many of our Canadian species do straddle two continents. We have to understand that all wildlife is really world wildlife, not just limited to Canada. Our ability to enjoy the presence of migratory birds in Canada depends also on the ability of protecting the species in those regions of the world where they spend their winter.
Therefore, the Canadian songbirds as we know and appreciate them depend on the rainforests of Central and South America. This is a political message that we have to carry to the international fora to ensure that this convention is broadened to its largest possible scope. Otherwise Canada will have a very limited chance to improve the survival of the species in the decades ahead.
We are debating today not just what would be the reality of the nineties but most likely the reality of the first half of the next century since this kind of bill does not reach the floor of the House of Commons that frequently.
In conclusion I would say that the changes proposed to the act are essential. They are very desirable. They are timely. We must work together to ensure there is a co-ordinated effort to achieve the protection of migratory birds.
We must ensure that the fines are a very strong deterrent. We must do our best to find ways to ensure the enforcement of the proposed act is carried out in every area of the federal jurisdiction at least. I suppose there could be excellent co-operation between provincial and federal services. We must ensure that the powers to create new sanctuaries are implemented and that the existing sanctuaries continue to be protected.
Finally, as I just mentioned and before I sit down, I would really make a plea to the Minister of the Environment to consider taking an initiative personally to ensure the scope of the convention is enlarged to include all the Americas and to provide the necessary protection in decades ahead.