Madam Speaker, when we speak to a bill such as Bill C-302, proposed by the member for New Brunswick Southwest, there are commonalties all across the country and on all coasts. However I will be talking about this bill from a west coast perspective, as the member opposite said that we might have concerns in this area.
The bill describes a bill of rights for fishermen. This bill has multiple rationales and essentially would be a good counter-balance to the dominance of decision making on fisheries fronts by an overly centralized bureaucracy that we all know as the Department of Fisheries and Oceans. This bill is not responsive enough to local communities, to local fishermen or in fact to the recreational sector.
This bill is clear in stating that people who fish for their livelihood should be involved in decisions regarding the protection, development and harvesting of fish. This is good for two reasons. First, the fishermen have important local knowledge of the kind we cannot afford to prove scientifically, but which has stood the test of time. Second, if we do not involve the fishermen we do not get a buy-in with new policy directions and new management proposals.
It is also a primary way to develop volunteerism which is so critical in the development of fish stocks, whether through fish hatcheries, the development of riparian zones or developing a conservation ethic in children's or citizen's watch on poaching. Any number of things contribute to the good citizen aspect of looking after our resources.
Probably the most controversial aspect of the bill deals with the right of compensation to those whose rights were taken away or abrogated by the federal government through unilateral or actions which exclude affected fishermen.
The government and DFO bureaucracy will fight this clause tooth and nail because it attempts to make them accountable for decisions they make about people affected by their decisions. It is far easier for bureaucrats or ministers to sit ensconced, buffered and unchallenged and be securely protected from the results of their decisions. These people do not have repercussions from their bad policy decisions. Given a choice they would prefer not to deal with people affected by their decisions because plainly it is uncomfortable for them.
This is the crux of the bill, the strongest part of the bill. It is an attempt to bring accountability to the bureaucracy.
Despite all this I have some concerns about the bill which I discussed with the member for Vancouver Island North who spoke to the bill in debate on June 4 this year. Here are our concerns.
The bill does not establish a process to provide for fishermen's involvement or representation prior to the decision making process. There is nothing to say that the fishermen's representations have to be heeded. Nor does it give any meaningful decision making power to those affected. There is a prohibition against any decisions being made until all the hearings are exhausted. This could render the system too cumbersome when quick decisions are needed for conservation or other purposes.
In addition, clause 5(a) of the bill mentions fishing rights but this term is not defined. Licence holders who are active and who continue to invest in vessels, gear and so on, should have a right to renewal of that licence year after year. However this is not set out in the bill. It would also be useful to see that the minister could not create new licences without consultation and support from all existing licence holders of all categories affected.
Also the definition of the public right to fish in clause 2 is not consistent with the general law that extends this right to the commercial sector. This misdefining of the public right to fish could be taken as an abolition by parliament of the public right to fish in any area beyond the areas defined specifically in the bill.
On the west coast the public right to fish, the common law right that dates back to the Magna Carta, is a public right of access that in the commercial and recreation sector is tempered by limited entry licences and other restrictions, but this public right is still the overriding check on the predominant powers of the minister.
Removal of this public right would essentially give the minister the power to allocate fisheries quotas to anyone, any group, institution or person. This is the crux of the debate over the ethnic based aboriginal fisheries strategy, a pilot sales program which the federal government implemented in 1992.
British Columbians oppose a separate commercial fishery based on race. Ongoing polarization and division have been created by natives and non-natives on the issue every since.
In 1998 the public protest against this fishery included native commercial fishermen in the all Canadian commercial fishery who also opposed the separate fishery but are now fully prepared to go public with their concerns. All legal challenges to this fishery have succeeded. Yet the government and the minister persist in pursuing this policy.
The legal rights protest has gone on since 1992 which has detracted from focused management of the fisheries. It has focused people's energies on divisive issues instead of allowing them to look at the big picture and conservation issues.
Another concern is that clauses 4 and 5 of the bill extend into areas covered by provincial legislation. These clauses are probably unconstitutional. If something is validly authorized by provincial legislation it is beyond the reach of federal legislation. Given the exclusive nature of the division of powers under our Constitution, I feel it should be left that way and these clauses should not be left in the bill.
In conclusion, I support the intent of the bill to create a fishermen's bill of rights and hope we can give qualified support so that the bill can move forward to committee where we can address some of our concerns. There are very good areas within the bill but there are also areas of concern.
I give it qualified support and look forward to it going to a vote in the House and then on to committee.