Madam Speaker, the problem with endangered species legislation, and it was certainly the problem in the American experience which was litigated through the courts, is that the good intentions of a law can wind up having a perverse purpose or a perverse consequence. We have heard of the tendency of the three esses from a previous speaker.
The main problem is that in order to further a protection regime some intended use of someone's land could be prohibited, or perhaps the land currently in fallow may require a future plan for planting crop. Landowners, especially in rural Canada, are already doing myriad things to preserve endangered species and the characters of wildness and habitat. The bill must recognize the wonderful things that are ongoing.
In the example cited, maybe some limits would have to be placed on the watering of cattle. Maybe there would have to be some mitigation factors such as a small amount of fencing to keep the cattle from destroying the shoreline of the stream or ensuring they only have access to the stream at a specific spot.
Perhaps there are other fields where the cattle would not be allowed during the early part of the year or they would be not allowed to go into a section until later in the year, after nesting has been completed. There are some costs involved. Perhaps the cattle would have to be trucked to another field or fed in a feedlot. The principle of that is that if there is a national or international objective there must be fair compensation for the willing landowner who wants to co-operate but does not want to pay the total social or environmental cost specifically by himself when the nation wants this objective accomplished. The problem is that in the bill there is no formula.
Professor Pearse was asked to do a consultation paper for the government but rumour has it that the minister is not predisposed to accept that formula.
We will have to look at regulation in the future. I suggested in my speech that perhaps we could look to the body of law and jurisprudence that is already there and learn from the expropriation principles. However we are not talking about expropriation. The cost could mean a limit on use at a particular time of the year or maybe putting up a new kind of fence in an area to protect some nests.
The problem with the bill is always cost. The administration has difficulty putting in legislation something that has open ended cost into the future. I can understand the government being very careful to stay away from that.