Mr. Speaker, I thank my colleague, the hon. member for Bonaventure—Gaspé—Îles-de-la-Madeleine—Pabok, for getting me involved in the debate on Bill C-27, which is aimed at implementing the United Nations Fisheries Agreement and thus ensuring that Canada can ratify this convention by bringing its internal legislation in line with the convention.
I would, moreover, like to start by mentioning the worthwhile contribution of one of my friends in negotiating that convention. Paul Fauteux, who has been at the Department of External Affairs for some years, was one of the key negotiators for Canada when the convention was being negotiated under the auspices of the UN.
My comments will focus on two matters that need to be raised during the debate at second reading of this bill and could also be the subject of more thorough debate when it is examined in committee. I will also address the international aspects of the bill and the convention it implements.
The first question I wish to raise today in the House is the connection between this bill and the prior bill, C-29, passed in 1995, which also amended the Coastal Fisheries Protection Act, authorized Canada to extend its jurisdiction beyond the 200-mile fishing zone, and allowed it to board ships in order to ensure compliance where straddling stocks were concerned.
It must be kept in mind that, at that time, the debate addressed whether or not these new legislative powers were legal according to international law. The Government of Canada, and the Bloc Quebecois was in agreement, considered such measures licit. Consequently, the bill gave the government jurisdiction, power that had not previously been accorded in international treaties, which the United Nations fishing agreement has just rectified.
However, debate continues, because a case is pending before the International Court of Justice, that of the Estai , which raises the question of the compliance of the 1995 legislation with international law in both extraterritorial and penal terms, since this legislation provided for the boarding of vessels, something that will be permitted in future under the treaty adopted by the United Nations.
The question remains, however. What is Canada's attitude to countries that are or are not signatories to the UN fisheries agreement? Will Canada keep its legislation? Will it want to apply legislation to countries that have not sighed the UN fisheries agreement or will it simply ensure that the Coastal Fisheries Protection Act, as amended by Bill C-26, remains the only law to apply in the matter?
This question is all the more important because it could influence the International Court of Justice's understanding of the matter before it and in the light of the arguments adduced, if it considers it has jurisdiction in the matter.
Another question needs to be asked and answered. Will Canada, which, in 1995, made the bill conditional on its acceptance of the jurisdiction of the International Court of Justice, want to go another route and remove this condition so that the International Court of Justice could have jurisdiction on these matters, which had been outside its jurisdiction?
In my opinion, these questions warrant reflection and have not, up to now, been thoroughly debated, but should be, and, I hope, will be in committee. This also raises the general issue of the value, under international law, of unilateral legal documents drafted by states. In the past, Canada has at times insisted on drafting such documents, including for the Arctic, on the grounds that while certain unilateral documents may not necessarily comply with international law, they should be drafted to promote changes to it.
There is unquestionably a degree of success here, and we will not criticize a party for drafting unilateral documents that do not necessarily comply with international law, when this is done to ensure that the law will adjust to facts that are real and material.
The second issue of an international nature which I want to raise in this debate has to do with the powers that the governor in council would have to adopt delegated legislation and adapt regulations to implement the provisions of other international fisheries agreements or treaties to which Canada is a party.
I am referring in particular to clause 3(2) of the bill, which amends sections 6( e ) and 6( f ) of the Coastal Fisheries Protection Act. It seems that this clause will give the governor in council what is probably an excessive power under common law, to the extent that he can exercise this power without any involvement of the House of Commons, Parliament or parliamentary committees regarding the implementation of international treaties.
We should certainly take a close look at this provision, to ensure that the implementation of international treaties is not even further removed from the control of democratic and parliamentary institutions which, in our opinion, already do not have the powers they should have.
I therefore urge that this provision, and the issue of the role of the House of Commons and of Parliament generally in implementing, and even signing, treaties be examined as part of the debate on this bill.
Other issues can certainly be addressed in committee. I would like to assist my colleague, the member for Bonaventure—Gaspé—Îles-de-la-Madeleine—Pabok, and will be at the committee's disposal to look at ways of improving this implementing legislation so that the UN fisheries agreement is incorporated into domestic law in accordance with the international obligations that will arise from Canada's ratification.
Canada played an important role in negotiating this convention. It is regrettable that only now, in April 1998, is this issue finally being debated in the House of Commons, since the idea of introducing and passing implementing legislation for the purpose of ratifying the UN fisheries agreement had already been mentioned in the February 1996 throne speech.
I would hope, as would my party, that the government will be more diligent in these matters and move much more quickly than in this instance to introduce a bill in the House of Commons for the purpose of implementing international treaties.