Mr. Speaker, I am pleased to speak to Bill C-5. I must say it has been many years in the making and the end result is not a good product.
Similar legislation first came forth in 1996. The Canadian Alliance worked diligently on this issue starting back when the legislation first came to the House and to committee. We offered substantial recommendations for change. Interestingly, many of the proposals that we made for change were promoted by environmental groups across the country. They were practical and worthwhile changes. Had they been included they would have made the legislation something that could have been supported. Unfortunately, those changes were not included in the legislation and the end result has left us with some serious problems.
I will speak to the amendments put forth by the Canadian Alliance regarding the issue of intent when it comes to damaging an endangered species. It is important to tie this issue with some of the other key issues when we are looking at whether or not these amendments are supportable.
The Canadian Alliance, by offering practical suggestions, demonstrated clearly that it wanted endangered species legislation which would protect endangered species. Our current critic, the hon. member for Red Deer, made that clear in his presentations on this issue and with his hard work in committee.
The Canadian Alliance understands that for the legislation to work we must look at what the practical impact would be on the people who are most likely to be affected, that is, farmers, resource owners and resource users. It would also include recreational property owners and users. Beyond that, almost everyone in the country could be affected by the legislation in a very negative way from two points of view.
First, if the legislation will not allow landowners and land users to deal with the legislation in a practical way then it could be counterproductive. That must be examined carefully. The issue of fair compensation has to be tied in. Landowners or resource users may find an endangered species on their property. For the legislation to work at all they must know that they would be compensated for the cost of protecting the species, whether it is the cost of some of their land being taken out of production or the cost of doing something to help protect the species. Unfortunately, that was not included in the legislation ensuring that it would not work. It is the first thing that would ensure that.
The second issue relates directly to the amendments that I am speaking to today, which is that criminal liability must require intent. The act would make criminals out of people who may inadvertently or unknowingly harm endangered species or their habitat.
Many farmers now leave a long stubble in their fields. The eventual growth there in the spring is an ideal habitat for a lot of species. Farmers work with these species every year. There is a provision where farmers would be expected to hire someone to do an environmental assessment so they can determine with some certainty that there are no endangered species in their field so that they are free to work and feel safe in working their field. That is something that just cannot be done.
The legislation would fail with that provision. I guarantee it. If the legislation passes as it is, it would fail and endangered species would be harmed more than they would be helped by the legislation. Let there be no doubt in anyone's mind about that.
Members should put themselves in the position of farmers. It could be in another resource industry. It could be anyone. It could be people who own cottages out at a lake. If an endangered species were to be found on a farmer's property there would be no fair compensation for the costs of protecting that species or for taking the land out of production.
The legislation would put that in place and jeopardize the livelihood of farmers. If that is the case in some situations, what will they do? These people have been good stewards of the land. They have done everything to protect species. They provide a good environment for all kinds of wildlife and all kinds of species. These same people, because of the legislation, may be driven to making sure that no one ever finds out that there was an endangered species on their property. They will do that through whatever means is necessary. Is that what we want to do to our farmers and to others in resource industries across the country?
Is that what the government wants to do with the legislation? I do not believe that at all. It feels that it has to put forth some legislation that might help protect endangered species but it knows, because of what went on in committee, as do environmentalists across the country, that it will be in reality the impact of the legislation if it passes as it is now.
In the name of fairness I ask the government, if it thinks it is right to put farmers, people in the other resource industries and people who have cottages at the lake who have invested large amounts of money in their properties so they can enjoy them, is it proper for any government to put them in a position where to protect their property they have to break the law to ensure that nobody would find out that there was an endangered species on their property? I do not believe that is right. It is wrong.
The Canadian Alliance proposals would at least give farmers and others the comfort that if they did not know there was an endangered species on their property they would not have to prove they did not know and they would not be held legally responsible for what they did unknowingly.
Bill C-5 would make it a criminal act to kill, harm or harass one of any number of endangered species. The bill would ignore one of the fundamental tenets of western legal history, that criminal penalties are only given for offences committed with a criminal mind. Mens rea is the latin legal term for it. That would be ignored in the way the government has written the legislation. Normal protection would be ignored. A farmer or someone else who completely unknowingly destroys a habitat or an endangered species could receive penalties of up to $1 million and five years in jail.
I am sure that is not the intent of the legislation. Let us get it fixed, get it back to the drawing board and ensure that the product we put out would help protect endangered species.