Mr. Speaker, I thank the hon. member for Delta for his question. He has shown a keen interest in issues of fisheries for a considerable number of years.
I would be happy to put to rest some of the concerns that he expressed. In no way is the Canadian government humiliated or does it feel humiliated by what has happened.
Some legislation has been passed by the United States congress which makes certain assertions, which are no more than assertions: first, that American vessels have the right of innocent passage through the inside passage of Canada; second, that Canada violated international law by imposing transit licence fees in 1994; and third, that Canada should compensate the United States, in essence reimburse the transit licence fees applied in 1994.
The statement in the American legislation does contain some errors of law which can be easily corrected and fears put to rest. It is also interesting as an example of what might be called the King Canute approach to international law. It is beyond the competence of a national legislature by national legislation to establish a right in international law. It just cannot be done and frankly there is no need to be too concerned over that.
As to the errors of law, they are very simple issues here. The right of innocent passage, to which the U.S. legislation refers, applies under international law to what is called the territorial sea. The territorial sea in the region concerned is measured from the base line, the low water mark, on the west side of Vancouver Island. The inland passage is in fact part of Canada's inland waters or internal waters. It is not subject to the United Nations convention on the law of the sea. International law does not apply to it. It is within our province to control and regulate it, to apply transit fees. We have every right under our law to do so. There is nothing in international law restricting our right to do so.
The inside passage is not part of Canada's territorial sea which is measured, as I have said, from the west side of Vancouver Island. It is part of Canada's internal waters. There is no right of innocent passage, as it is called under international law, through our internal waters. There is no prohibition under national law against our imposing a transit fee in the case concerned.
We have made the following points to the United States government. Canada is not in violation of international law. The waters of the inside passage are Canadian internal waters and no compensation will be paid.
The statements in the United States congressional legislation are interesting but they are simply findings or expressions of opinion of congress. They do not constitute anything more for purposes of international law. In particular they do not authorize an intervention by U.S. coast guard vessels into Canadian waters.
I should remind this House and perhaps the U.S. congress that under the United States constitution and under the separation of powers it embodies, it is for the President of the United States and not for congress to assume responsibility in the execution of foreign policy. The findings in the U.S. legislation are mildly offensive to Canadians but they only express an opinion.
There have been calls on this government to reintroduce the transit licence fee in response to the refusal of the United States to respect the larger Pacific salmon treaty obligations to Canada and the failure to respect the United States role in the maintenance of the Pacific salmon stocks. We also have to refer to the recent failure of the Pacific salmon mediation process.
However, I am happy to tell this House that negotiations are proceeding. There will be a Pacific salmon commission meeting on 1996 fishing arrangements and also a bilateral meeting between our Minister of Foreign Affairs and the United States Secretary of State, Mr. Christopher. Both are scheduled for later this month.
This government will not reintroduce the transit licence fees while these initiatives are under way. That would be an error. However, all options remain on the table. They are under study and if appropriate they will be used.