Mr. Speaker, I am pleased to participate in the report stage of Bill C-5. Enforcement penalties of the bill are of great concern to me and my Canadian Alliance colleagues. I am speaking about government Motion No. 120, clause 97. The government seems to be continuing a trend of making criminals out of law-abiding citizens and turning its back on Canadian agriculture.
First, we have gun registration. That program has out of control costs and no realistic benefits. A farmer owning a shotgun is now a criminal.
Next, the government's cruelty to animals legislation is another example of turning farmers into criminals. Through the definitions outlined in that legislation, farmers and ranchers are at risk of prosecution over necessary and ordinary farming practices.
Now we have Bill C-5, yet again the ordinary Canadian has the opportunity to become a criminal. Due to the language of the bill, the crown does not need to prove intent or even reckless behaviour. Instead, it is up to the accused to prove that he or she has acted with due diligence.
Bill C-5 makes it a criminal act to kill species at risk or damage their habitats. In theory this is a worthy goal. It is the practising of the theory that has me concerned. There is a definite need for protection of these animals and species.
Species at risk legislation is something with which we agree, however there needs to be a balanced approach in the conviction and sentencing of offenders.
According to the bill as it currently stands, one would be required to be an expert in recognizing all species on the list of those that are at risk. It is not the average Canadian citizen who is aware of every one of these animals, let alone who has the ability to identify them and their habitats. To not be aware of every one of these animals and their particular habitats leaves one open for prosecution. I am not saying that ignorance is a defence. What I am saying is that accidents happen.
The enforcement and penalties within the bill must be based on one's reckless behaviour. To make criminals out of innocent people is not the place to start if we truly desire species and their habitats to be saved and protected. However, we do have the government's assurance that the minister will use his own discretion in laying charges. Again, we are asked to trust the minister. To leave the laying of criminal charges to the minister's discretion is not acceptable.
Being charged with a criminal offence is not something that any one of us would take lightly. The bill must contain reasonable guidelines, enforcement and penalties. It is not reasonable to pass a bill like C-5 that has holes and gaps in it. The government would have Canadians be content with the trust me attitude, that the gaps will be filled in by the minister at some later date. This is not acceptable.
If charges are to be laid fairly, the very least that should be provided is basic education and training for property owners and users. They should be entitled to know what their responsibilities are. A basic education plan for property owners would provide them with additional tools in the protection of species and habitats. This would be a benefit to all involved. To leave them in the dark and then charge them later with a crime they do not know they committed is horrific.
The penalties outlined in the bill are severe. There is a fine of up to $250,000 or up to five years in jail for an individual. These are very harsh punishments. Let us say, for example, that a farmer is out in the field and in the course of working the land ploughs under nests belonging to birds listed under the legislation. Is this an indictable offence? Is the farmer truly guilty? What were his or her intentions? Were his or her actions reckless? I do not think this farmer intended to destroy this animal's habitat. Is it worthy of criminal charges? I hardly think so. The farmers and ranchers I know are not about to plough up a bird's nest without thinking.
The legislation must be examined with some common sense. Making criminals out of innocent citizens is not the way to enact this legislation. If the government desires the willing participation of property owners in Canada, the threat of hefty fines and jail time is not the way to involve them. Co-operation is the key to this legislation being effective. Co-operation is possible when all parties involved are viewed as equal. Taking a heavy-handed approach will not work, like this bill.
Farmers and ranchers are among some of this country's finest conservationists. Most of these people understand the necessity of saving endangered species. They understand how fragile our ecosystems are. It would be to the benefit of species at risk to keep farmers, ranchers and landowners as partners in the plan for species protection. Enforcement and penalties need to be included in this legislation, but they need to be applied to those whose behaviour is reckless, whose actions are negligent and whose destruction of species and habitat is intentional.
For example, an individual is driving his or her car through a school zone. The driver is obeying the speed limit and is aware and alert, but suddenly a child darts into the street to retrieve a soccer ball. The driver slams on the brakes but is unable to avoid hitting that child. Is that person viewed as being as guilty as the individual who is driving drunk and at a speed well over the posted limit in that same school zone? Should the punishment for the alert, sober driver be the same as that for the intoxicated speeding driver? A civilized society would say no, that the second driver's behaviour was reckless and showed no concern for the welfare of others.
The bill rejects the thinking of a civilized society. The penalties in the bill must be applied with reason. Assurances of the minister's discretion are not good enough. Penalties must be adequately addressed in Bill C-5 before it is passed.
To have the responsibility of proving one's innocence, and in this case due diligence, flies in the face of western law practices. The onus of proving guilt has always been on the crown. We expect to enter into legal confrontations being innocent until proven guilty. The federal government is now changing those basic practices. A Canadian citizen must now prove due diligence in the face of allegations. This is an awkward approach. The mentality behind it will alienate the participation of the very people needed to help implement this legislation: the property owners.
The enforcement of the bill is also in question. A document released by Environment Canada suggests a need for additional personnel and resources. This request is being made without the bill having been implemented. What will the requests be once it is? As enforcement capabilities by Environment Canada are limited already, what actions will be taken once the bill is passed? This government is notorious for not being able to estimate the costs of its own programs.
The federal gun registry was to have a minimal start-up cost and be self-sustaining afterward. It has now cost the Canadian taxpayers over $700 million. Will RCMP officers now be committed to enforcing environment legislation? The government has cut resources to the RCMP drastically. How can it be expected to enforce this bill?
The majority of property owners in my riding are also farmers. They are good, law-abiding citizens. To think that any one of them could be thrown in jail for inadvertently killing an endangered animal or damaging their habitat frightens me. Farmers and ranchers in the country continue to face hardships. We have seen their determination in the face of challenges such as drought conditions and low commodity prices in recent years. These individuals do not have the financial resources to fight changes that could occur through this present legislation.
The rights of property owners cannot be ignored or overshadowed by the legislation. We must make sure that penalties and fines are applied where necessary. I maintain that there must be the element of reckless behaviour or intent present. Accidents happen and mistakes can be made.