Madam Speaker, I want to reassure the House that my Canadian Alliance colleagues and I are very concerned about species at risk and fully support looking after them. I want to talk about Bill C-5 and the motions before us today that deal with jurisdiction and how extremely important they are. The federal government seems content to ride roughshod over existing policies and legislation.
In 1996 the provinces and the federal government agreed to the National Accord for the Protection of Species at Risk in Canada. The accord was established to ensure that complementary legislation would exist among the federal and provincial levels of government. The key word is complementary. It was an agreement that worked toward the common goal of saving species at risk across Canada.
The provinces are fully aware of the specific species and habitat in the respective provinces and are capable of ensuring that these species and habitat are protected. They are also aware of the impact of legislation upon the citizens of those provinces. I am aware of 33 separate pieces of provincial habitat and species protection legislation. This is obviously an issue of great importance for the provinces. They hardly need reminding of the importance of species protection.
Likewise the property owners in the provinces are aware of the impact their actions have upon species and habitat on their land. Every election year in recent memory has seen the Liberals' red book promises outlining their intention to establish legislation to protect endangered species. I would hope that in an attempt to fulfill these longstanding promises the government would not ignore the invaluable co-operation of individual provinces.
There are concerns the government would use unilateral discretion in the application of the bill. While the provinces have their own unique legislation, this bill allows for the minister to use his own discretion in imposing federal legislation upon the provinces. By what standards would these decisions be made? Individual discretion is not something to be taken lightly. What would the influencing factors be in making these decisions? Leaving these decisions open ended is unfair to the provincial ministers and causes doubts and uncertainty among the citizens of the country.
Without delving too deeply into the issue of penalties and punishment, I must say I have concerns over the issue of jurisdiction. How are property owners going to know which rules apply? They may be in complete compliance with all provincial regulations but the federal minister can override those regulations. Suddenly these law-abiding citizens are guilty in the eyes of the federal government. This is hardly fair or equitable to either the provinces or the property owners.
The principle behind the 1996 accord was to ensure that the federal and provincial governments would work together in protecting species. Both levels of government have important roles to play. Leaving the federal minister with absolute discretion over these matters is in direct conflict with the spirit of the 1996 accord.
The antagonistic feelings between the two levels of government seem to be growing daily. Problems already exist over the Canadian health and social transfer. Feelings of alienation between the west and the federal government are growing. The way the bill is currently written will only lead to feelings of animosity between the provinces and the federal government over species at risk.
There is also an air of secrecy included in the legislation. It allows for the federal government to fly in and impose its rules but there is no provision made for involving the property owners in the process. The property owners and those with interests in the land have the right to know what the government's plans are for that land. After all, the property owners own the land and they make their livelihood from that land. Any decisions made in relation to that land would have an immediate effect on the property owners.
The legislation is set up to allow for consultation processes between other levels of government, wildlife organizations and such, but no mention is made of property owners. This will only serve to build feelings of fear, resentment and uncertainty among the property owners. Those with an interest in the land must be included in these talks and consultations. The co-operation of the property owners is vital if this legislation is to be effective in protecting species and habitat.
The consultation process and actions of the government cannot be secretive. The amendments brought forward by the Canadian Alliance provide for public notice being given by the minister. It also calls for consultation between the minister and the affected property owner.
I feel that this is critical. The government is often seen as an entity unto itself, existing far off with no real understanding of the common citizen. There must be an openness among the government, the provinces and property owners. Government should not be allowed to operate behind closed doors.
We live in a democracy. While I fully understand that rules and regulations must apply to all, the implementation of these rules and regulations must be a public process. The property owners and their interests in the land cannot be ignored. Any legislation must keep in mind the rights of the property owners. They must be allowed to be full participants in any action taken by this legislation. It is essential that property owners be included. Without their co-operation, there is little hope of this legislation helping any species at risk.
This legislation will not work if it is approached with a top down attitude. Conservation and species management starts with property owners, not with lawmakers and legislators. Farmers and ranchers are among the finest conservationists in the country. Most do all they can to treat both animals and habitat with respect.
Last fall at a meeting of the Saskatchewan Association of Rural Municipalities, the RMs and their administrators and the landowners group spoke about the federal government's heavy handed fisheries department. They talked about how they cannot put in a culvert to drain a slough without a permit. It was taking up to six months to get a permit to build a road. They talked about how farmers had tried to drain sloughs and because the fisheries department was upset with them, they were fined. The farmers were charged for helping their livelihood and for helping their agricultural land.
The shoot, shovel and shut up policy will go on with this legislation. It happens to farmers and rural property owners across the country. We are conservationists in our own habitat and we will look after our environment.
If the federal government attempts a heavy handed approach, it is inevitable it will be challenged on it. Co-operation among all levels of government, interested groups and property owners is far more likely if these relationships are entered into with a feeling of respect. To override the efforts made by the provinces and the individual landowners is not respectful and will be met with challenges.
As a partner in a farming operation, I fully understand the importance of the land and its inhabitants. If we work against the land, it works against us. As landowners we see the importance of saving and protecting those species that exist on that land. The majority of Canadians feel that species and habitat need to be protected. Our environment is a great source of pride.
Canada has a diverse landscape and an amazing variety of wildlife. We need to protect these, but we must work together in order to ensure that full protection is offered to those species that are at risk.