Mr. Speaker, I will deal with the simpler question first which is the issue of federal jurisdiction. I have been quite clear that we should have a section in the bill that says that the government or the minister is required to pass regulations that the protect habitat within areas of federal jurisdiction.
Unfortunately, when the Fathers of Confederation wrote the constitution in 1867, environmental concerns were not part of the decisions on which level of government, federal or provincial, had jurisdiction.
There is some debate in the country, on a legal level in the courts and on political levels in Ottawa and provincial capitals, as to who actually has jurisdiction. That is something the committee needs to turn its mind to before making a final decision on this. It is something I have an opinion on but it is not a universal opinion. The committee needs to look at where federal jurisdiction ends and provincial jurisdiction begins.
Regarding the other issue of who makes the final decision, the question is not as simple as it may seem at first. If we are going to give blank cheques to scientists and ask them to tell us what is on the verge of extinction, which on a certain level sounds quite attractive, and if politicians are not part of that decision, they need to follow a close second behind that and question the consequences of the listing.
For example, what recovery plans or socioeconomic costs are we prepared to endure in order that a species might be protected? Is it practical that a particular species be protected? Those are questions that need to be answered as part of a recovery plan or part of a process.
Certainly scientists should be given the opportunity to tell us, from a scientific basis, what should be listed. There is a proposal floating around calling for a reverse onus. Species would be listed and the government would have 90 days, or a similar time period, to take them off the list with an explanation as to why. Perhaps that is a better way to go at it.
Again, this is one of the things the committee needs to turn its mind to, listen to the debate and the various views from the government and others, and make a recommendation either by passing an amendment at committee stage or some other form, depending on what the committee's views are.