Mr. Speaker, after advocating and working hard for years, Canada was one of the first nations to sign the law of the sea in 1982 yet we still have to ratify it. Meanwhile fish stocks all over the world, including cod on our east coast and salmon on the west coast, have been decimated by overfishing.
The government has committed in the red book to ratify. The joint committee reviewing Canadian foreign policy recommended ratification in its 1994 report. In 1994 and 1995 the Minister of Foreign Affairs said in the House that ratification was imminent. But on April 29, 1996 the Minister of Foreign Affairs linked the ratification of the law of the sea convention to the precondition of ratifying another agreement on highly migratory and straddling fish stocks.
It seems to me that this tactic is flawed because the ratification of the law of the sea is the necessary first step to restore Canada's credibility. Once our credibility is restored, the straddling stock agreement may gather the momentum it is lacking now.
Here are the reasons in favour of ratifying the law of the sea first:
One, the law of the sea contains strong provisions for marine and fishery conservation that are far reaching, including provisions that set the stage for our efforts to conserve straddling stocks.
Two, the law of the sea contains sustainability principles and their application to oceans, such as the precautionary principle; the polluter pays principle; the principle of adjacency, which is the one that communities closest to the resource have not only a right to the resource, but also an obligation to nurture it.
Three, at present because we have not yet ratified the law of the sea, Canada is left out of important organizations and talks related to fisheries management and conservation.
We all know there are two major threats to marine ecosystems. One is overfishing and the other is the impact of human activities such as oil spills, destruction of estuaries and coastal zones, industrial air pollution, and the production of nutrients, pesticides and other materials that run off the land and pollute the oceans. The law of the sea deals with these problems whereas the agreement on straddling stocks deals with them only incidentally.
In addition, article 66 of the law of the sea sets out the state of origin concept for anadromous species, which Canada effectively argued in the recent west coast dispute. Interestingly, Alaska is now complaining about Russian interception of Alaska bound salmon using the same argument. This opens new avenues for Canada to generate the support of other nations also worried about interception and honouring quotas.
To conclude, it is worth mentioning that at the recent summit of the sea conference in St. John's, Newfoundland, participants drafted the summit of the sea challenge which included, as one may guess, a call on the Government of Canada to ratify the law of the sea.
On October 1, I asked the Parliamentary Secretary to the Minister of Foreign Affairs when Canada will ratify the United Nations convention on the law of the sea. Unfortunately he did not have time to complete his answer. Tonight I hope it is a positive one. The time has come for Canada finally to ratify the law of the sea, considering the fact that 1998 is the international year of the ocean.