Madam Speaker, I am pleased to participate in this debate on Bill C-65 and on the amendments. Before I offer a critical analysis of this bill I want to say that the Reform Party and I support unequivocally the responsible protection of endangered species. However, we do not support Bill C-65 in its present form. When I speak to the bill I speak also to the amendments that are coming.
Before I outline why we take this position I will tell the House that there has been a significant outcry from within and outside my riding in opposition to this legislation.
I quote Mr. Roy Staveley, acting senior vice-president of B.C. Hydro: "The next issue I would like to touch on is public involvement. B.C. Hydro agrees that Canadians should have opportunities to share knowledge and participate in efforts to protect and recover species at risk. The most effective way of doing this is by maintaining an open and transparent process. We feel that the Canadian endangered species protection act needs more provisions for consultation with affected parties throughout the process, from listing of species to preparation and implementation of recovery plans.
"The protection of species at risk will best be attained through partnerships with key stakeholders. However, as currently written, the proposed legislation results in duplication of federal, provincial and territorial regulatory authorities. This would be inconsistent with the harmonization and intergovernmental approaches to environmental protection or the national accord and will likely result in jurisdictional disputes, duplication, poor enforcement and administration, public confusion and inefficient allocation of scarce resources".
I like very much the way the hon. Stephen Kakfwi, minister of lands and renewable resources of the Government of the Northwest Territories summarizes this: "I suggest that the fundamental problem presented by the proposed legislation as tabled in Parliament is that it is inconsistent with both the spirit and the intent of the hard work done by all jurisdictions, including the federal government, to establish a co-operative national approach to protecting the interests of endangered species. The irony here is that the best intentions have been asserted but this in turn has given rise to the erosion of the best plans".
The outcry is also locally heard in my constituency of Cariboo-Chilcotin. Let me read to the House some of the letters I have received. A resident in Williams Lake stated: "This legislation will do very little to address concerns about endangered species but goes a long way to starting a war in the courts and opens the door for groups with no concern for the social and economic impact or the inviability this act would bring to working people, be they forest workers, farmers, ranchers or miners. The courts and lawyers are going to have a heyday with this one".
From the city of Quesnel, council members passed a resolution opposing Bill C-65 due to a lack of any requirement to consider social, economic or community impacts; due to a lack of any requirement to provide redress for affected workers in their communities; due to a lack of any guarantee that workers, communities or other affected stakeholders will participate in recovery plan design.
From the village of Clinton the council stated: "Bill C-65 raises some significant concerns for the major industries of British Columbia, mainly forestry and mining. These two industries are the backbone of the economy in British Columbia and will be put at severe risk with the implementation of Bill C-65. Council believes that Ottawa should listen".
I could not agree more with this comment. Ottawa should listen to what the people of Canada are saying about Bill C-65. The people and the municipalities from all walks of life that I have just
quoted have legitimate concerns and they are rightly justified in feeling as they do. They know that Bill C-65 is a bad piece of legislation and they want this government to listen and to respond to what they are saying.
Some of the reasons Bill C-65 is a bad bill have already been mentioned in the statements I have just read but let me elaborate for the House on some of them. These are the reasons Reform cannot accept Bill C-65 in its present form.
First, the committee on the status of endangered wildlife in Canada, a nine member board appointed by the minister, will decide what species are at risk, how much risk, where the habitat is crucial and advise the minister on what should be done to help the species recover.
There is no guarantee that effective stakeholders will participate in the recovery plan design. This means that private land owners could be forced to make special provision for some endangered species. For example, a rancher may have to fence off an area of his land to protect an endangered species nesting ground from grazing livestock. Unfortunately Bill C-65 offers no compensation to rancher for the use of his material and time or for leaving productive land dormant or for the drop in the value of his property.
Let me tell the House a story of a situation that happened in Ontario about five years ago that relates to this point.
Mrs. Strumillo-Orleanowicz owned a 100 acre parcel of undeveloped land near Smiths Falls, Ontario. To start up a business she planned to sever a building lot. Unfortunately the Minister of Natural Resources denied her permission to do this. Why? Mrs. Strumillo-Orleanowicz' neighbour owned land next door to her property that was inhabited by the endangered loggerhead shrike. To help protect the bird, the province designated 123.5 acres around the shrike's home as its critical habitat. As a result Mrs. Strumillo-Orleanowicz could not sever or develop her land to make a profit. Her creditors foreclosed on the property and she lost everything. The government gave her no compensation.
Bill C-65's second flaw is that it jeopardizes the rights and livelihood of responsible land owners by expanding the rights of activist groups to go to court to stop resource development. It is interesting that those who turn in a neighbour can remain completely anonymous, not allowing the accused to face the accuser.
For example, under section 60 of the legislation, a bureaucrat or an eco-vigilante could sue a forest worker, rancher, land owner or company that he or she thinks has harmed an endangered species or its habitat. This means that there is a possibility that the courts will be filled to overflowing with actions against land owners.
How will land owners respond to this possibility of being taken to court? Their reaction will be a negative one and endangered species will come out on the losing end. For example, according to cattle producers who spoke to the environment committee, land owners will have to seriously consider ways of reducing their exposure to legislative actions and loss of income and value resulting from constraints on use. The obvious and cheapest route will be to eliminate wildlife habitat on their land and specifically habitat that is attractive to species that could at some point be listed as threatened or endangered. There is evidence that the American endangered species law has already had this undesired effect in some areas of the United States.
The third flaw of Bill C-65 is that it tramples the basic principles of justice. For example, under the bill authorities could seize private property and provide no compensation if the property is considered a critical habitat for an endangered species.
In addition, Bill C-65 allows bureaucrats to search and seize private property without a warrant if, by reason of exigent circumstances, it would not be feasible to obtain a warrant. This is a characteristic of the government which is very frightening where the government is prepared to thwart the historic rights and privileges of people to impose its own view of the way things should be. This provision is completely unacceptable to Canadians.
Reform has put 42 amendments to Bill C-65. These amendments would require the minister to consider the socioeconomic impacts prior to recommending what action should be taken. We would like to have compensation, a commitment to the preservation of endangered species and we would like the co-operation of all stakeholders involved.