Madam Speaker, it is a pleasure to take part in this debate. Like the vast majority of the residents of my riding, I am very concerned about all environmental issues.
Our riding is very near the St. Lawrence River and a number of zones that border the St. Lawrence contain species of plants and animals that are important, but that are threatened. So, this is an issue that concerns many people. In principle, it is fair to say that we all support this initiative unanimously, since it is an extremely important matter.
However, the Bloc Quebecois believes that the way this legislation is drafted, it does not take the provincial legislatures into account sufficiently, particularly Quebec's jurisdiction. Since 1989, Quebec has had legislation with the same objectives. Obviously, it does not always satisfy everyone.
As we know, when it comes to the environment, though many agree with the objectives, they do not agree with the means. I listened to my colleague from the Alliance who expressed her wish that we count on the goodwill of owners of private property, farmers for example, to protect species, be they animal or vegetable.
We know full well however that when it comes to the environment, goodwill is not always enough. There needs to be laws and regulations to better protect the common good, and this has to be done respecting the existing jurisdictions. In most of the cases that this bill targets, when it comes to Quebec, they are already protected. There may be room for improvement, but protection already exists.
As for cross border species—mostly birds and fish that cross provincial boundaries—if the bill targeted more specifically migratory birds, we in the Bloc Quebecois could have provided our support for the bill in short order, but it goes much beyond this.
Basically, this bill designates the federal government as judge. It says “there are areas in Canada where the environment is less respected than others. We know best how to act. We will not take into account what is happening in the provinces and we will impose wall to wall, in this area as in others—we could mention education, health— measures that will apply everywhere”.
Of course the bill mentions co-operation with the provinces, but there are many passages in it where it says “to the extent possible”. There is always an “if possible” that infers that if the federal Minister of the Environment does not manage to convince one or several of his colleagues of something during discussions, it does not matter, because all he has to do is impose his will.
We should see if this type of negotiations is constitutionally acceptable, but that is not the subject of today's debate. I do not sit on the bench of the supreme court, so I cannot assess this point.
However, we wonder about this and we deplore such an attitude. The federal government will negotiate, have talks with the provinces, try to harmonize policies, but if things do not work out, it will have the final say.
This is contrary to the spirit of the Constitution. Madam Speaker, you know that very well, since you are quite knowledgeable about history—I know because I often discuss these topics with you—and you also know the Constitution very well. It is not you whom I must convince. I know that you readily agree with me that the spirit of the Constitution should be respected, by sovereignists and federalists alike, as long as the situation in Quebec remains unchanged.
What was the spirit of Confederation in 1867? The federal government was not a higher level of government that dominated the four original provinces that were behind the Constitution. It had to act in the spirit of a confederation, as is the case in Germany, in Switzerland and in various other countries, where the process is based on consultation. And when there is disagreement, it must continue to discuss the issue in order to come to an agreement. But this is not how Ottawa sees things now, and this is particularly true of this government.
The Liberal government begins a discussion that is limited in time, and that limit is set by the government itself. When it decides that this is it, the discussion ends with the federal government saying “Sorry, but since we did not manage to convince you, we will do this in the interests of the nation, which take precedence”.
A few days ago, when we were reviewing another bill—in fact it was during the debate on the Bloc Quebecois' motion on health—I heard a Liberal member say that, even though health is not a federal jurisdiction under the Constitution, the federal government had to spend in the best interests of the nation. This is how he justified federal spending in that area. He then added that, since the federal government is spending, it must have a say in how this area is managed—even though it has no business in it—again in the name of the nation's best interests, a principle which is not even mentioned in the Constitution.
When a Quebecer, an Ontarian or any other citizen is elected to the provincial legislature—let us take the case of Quebec—it is as if that person had lost his judgment, even though he has been elected by his constituents, just as we are. It is as if, all of a sudden, he had lost the judgment and the rigour that elected representatives should possess.
Supporting the bill as it now stands would be to accept this domination, which is seen as normal by certain members opposite, whereby the federal government is a superior government, composed of superior individuals with superior knowledge in all matters, although I am sure that many members spoke without even having read the bill. If all members read every clause of this bill, they would see that a good number of them irritate, suggest interference in provincial jurisdiction, and create duplication.
The public sees it as duplication when two levels of government wish to do the same thing, resulting in twice the cost, and two kinds of officials, who argue with each other. We can even see it starting here in the House of Commons, where members do not see eye to eye because they have two different concepts of the current Canadian federal system.
I have not just made a sovereignist argument. I did not mention sovereignty during my speech. I am merely going by the spirit of the 1867 Constitution. But there are in fact areas of shared jurisdiction, environment being one of them.
Just as the management of public and even private lands, and natural resources come under provincial jurisdiction, it goes without saying that even if species are threatened, when they are swimming in our rivers or flying and crossing borders, we must look after them. That is the crux of what I am saying.