Mr. Speaker, this is my first opportunity to speak to Bill C-26, the Oceans Act. I must admit however that I am a little disappointed. As you know, I studied law at Laval University where, in the very first classes on constitutional law, the hon. member for Vancouver Quadra was quoted daily.
What a small world, given that, 20 years later, I am now sitting across from the hon. member for Vancouver Quadra whom I always admired and still admire for his rigour and the principles he followed throughout his life. There is no doubt about that. I have seen Supreme Court decisions quoting the hon. member. I recall that Bora Laskin and Brian Dickson, two outstanding Supreme court judges, highly respected the professor who now represents the riding of Vancouver Quadra.
I meet him today, some 20 years later, and cannot help being surprised to hear him advocate the exact opposite of what he used
to espouse when he was a university professor. Politics is demanding for all members, including the hon. member for Vancouver Quadra. I would have been very impressed if, once again, he had been an exception, but such is not the case, unfortunately. Even the strongest structures have limits, and I think it is the case with the hon. member for Vancouver Quadra. This said, I do respect him immensely and I hope he will not be offended.
However, when the hon. member for Gaspé presented what I would call a neo-constitutional approach to the bill, to the legislative agenda before us, I recognized that, as the Reform member said and as the hon. member for Vancouver Quadra is saying, navigation, fisheries and oceans are under federal jurisdiction. In 1867, the Fathers of Confederation cared about navigation, about protecting fishery and marine resources, about safety, international transport and marine transport. It is probably true that they decided to give the federal government responsibility over this aspect of Canadian geography.
However, the provinces never-and the member for Vancouver Quadra can say so if he does not agree-considered renouncing their historical presence on that portion of the oceans and seas that was adjacent to or, as in Quebec's case, inside their territory.
The hon. member for Vancouver Quadra is aware of that. For example, Walker's flotilla ran aground at Pointe-aux-Anglais, on Quebec's north shore. This is part of our historical heritage and we, Quebecers, respect it. Every year, thousands of divers come to explore these relics at Pointe-aux-Anglais.
When they decided to give the federal government responsibility over navigation, safety, etc., the Fathers of Confederation did not have in mind shipwrecks at the bottom of the ocean. The view expressed by the hon. member for Gaspé is that, yes, federal jurisdiction can be maintained. However, in our modern era it might be appropriate to follow the American example and to resort to joint action in this area. Indeed, there could be shared jurisdiction over the seabed and marine subsoil or, at least, some consultations.
From now on, with Bill C-26, the federal government will act unilaterally. Everything will be ploughed under, weeds and grain alike. That is what the hon. member for Gaspé is saying. We might as well scrap everything, put aside the infamous constitutional quarrel of 1991-92, civil law in Quebec, navigation and fisheries coming under the federal government. In light of the distinct society resolution that was passed just before the holidays, we should review the most ambiguous areas, where the general interpretation of the Constitution gives rise to some speculation.
Since the hon. member for Vancouver Quadra is more knowledgeable than I am in this field, he will recognize that in some cases past decisions led to quite ridiculous situations. For example, when it was determined, in 1906, that Montreal trolleys were to be considered a work for the general benefit of Canada, I think the decision was wrong. That is not what the Fathers of Confederation had in mind when they established that works for the general benefit of Canada were to come under federal jurisdiction.
When dealing, for example, with the content of television programming, they started by talking about the vehicle, the broadcasting method, towers, wires. All that was linked to telegraphy to finally conclude one day that television, radio, whatever, was an area of federal jurisdiction.
One thing lead to another, but it was always in favour of the federal government, which made Maurice Duplessis coin his famous line to the effect that "the Supreme Court of Canada is like the tower of Pisa: it always leans toward the same side".
The time may have come for parliamentarians, cabinet ministers and the powers that be to try to restore some balance by giving the provinces, if not an absolute decision making power, at least a say in the development of joint policies. In other words, the government should respect and recognize the existence of the provinces, and vice versa.
But politicians here refuse to do so. This is what is upsetting, and not only for Quebecers, because I imagine British Columbians also wonder about all this. This is not a linguistic or historical issue. We are talking about the management of resources, in this case the oceans, the seas, the Atlantic, the Pacific and the Arctic. We are talking about partnership.
This is a perfect occasion for the government to show that it really means what is says when it makes nice promises and speeches. The government tells us we will get along and discuss things together. Well, now is the time to do so. It may already too late this fall. If what we hear from all sides is true, the government will have missed its last chance to meet the wish of its provincial partners. The hon. member for Vancouver Quadra should try to influence his government and make it use common sense once and for all. I know you do have a lot of common sense.