Madam Speaker, I wish to thank the member for South Surrey—White Rock—Langley for introducing such a bill. Much as the member for Châteauguay did, I will say right out that we have a few reservations about this bill.
We fully understand the spirit of the bill. Under the proposed legislation, there would be stiffer penalties than at present for killing or capturing wild animals in order to sell their organs or parts.
I listened carefully to the speech given by our colleague in the first hour of debate. She provided statistics. For example, she said that, in 1995, 25% of bears killed were killed illegally, for a total of almost 1,300 bears, including 90 grizzlies. Parts can fetch thousands of dollars and the fines handed out are weak deterrents. I can understand that in some provinces in Canada this is a situation demanding action.
I was also very sensitive to the example that she gave. She talked about black bears that venture into people's backyards in her community. People kill them not because they are hungry, not because these animals are a direct threat, not because they want to use the meat, but because they want to sell certain body parts. We are talking here about gall bladders or other body parts that are extremely popular on the market.
Even though our colleague said that the purpose of this bill is not to replace provincial legislation, I think there is a certain degree of inconsistency in her bill. I would like to be sure that I understand correctly.
Let me quote what the member said in her speech:
WAPPRIITA does not cover any offence that takes place in one province. Only the provincial legislation is in place for these offences. What I am hoping to do with Bill C-292 is to fill this loophole, ensuring that all offences of this type can be prosecuted under federal legislation.
It is difficult to say that the purpose of the bill is not to replace provincial legislation while saying at the same time that this particular bill is being introduced to fill a loophole since the federal act does not cover offences that take place in one single province.
We looked into what this bill would mean for Quebec. As my colleague, the hon. member for Châteauguay, said, in Quebec there is the act respecting the conservation and development of wildlife. This act was passed by the national assembly and its elected representatives. It applies, accordingly, to all of Quebec.
I believe that the goal sought by the member is no doubt quite commendable and appropriate; no one wants a wild animal organ market to develop. It is up to legislators to take measures designed to deter people from doing this kind of thing. I agree that the fines in place are not sufficient to deter people, but I wonder if it would not be right, from a constitutional perspective, to let the provinces increase these fines. We know perfectly well that even though criminal law comes under federal jurisdiction, the provinces can impose fines.
In the Quebec legislation, the act respecting the conservation and development of wildlife, section 69 covers this. Hon. members will agree with me that these provisions respond quite well to the concerns raised by our colleague.
Section 69 reads as follows:
No person may sell or purchase an animal the sale of which is prohibited by regulation. Authorized sale. However, the Government may, by regulation, authorize the sale of an animal referred to in the first paragraph according to such norms and conditions as the Government may determine.
I would also like our colleague from South Surrey—White Rock—Langley to know that the Quebec statute also contains provisions, in sections 165, 167 and 172, for penalties of up to $16,000.
The hon. member mentioned a case where a fine of $7,000 was imposed on a person for killing bears. In Quebec, fines are much stiffer. They can go up to $16,000. Jail sentences can go of up to a year and there are administrative penalties that can result in the cancellation of a licence.
For all these reasons, we believe that if the hon. member's bill were passed, it could result in an intrusion into a provincial jurisdiction. We are used to seeing the government doing this, whether it is with the millennium scholarships or in the health sector. Now, the government is about to propose an early childhood policy and a palliative care policy. So, we are used to this from the government.
There is even a very big rumour—and you will not believe your ears, Madam Speaker—that the federal government will create a Department of Urban Affairs to deal directly with municipalities.
So, we are used to seeing the federal government getting involved in provincial jurisdictions. However, when we, the opposition parties, propose private member's bills, we must be extremely vigilant and ensure that there is no intrusion into provincial jurisdictions.
Members know that I have taken courses in constitutional law. I even took a course given by Professor Benoît Pelletier, who is an excellent professor of constitutional law at the University of Ottawa, although I obviously do not share his views on the national issue.
In constitutional law, one certainly learns that there is the double aspect doctrine. It is in fact possible for one government or the other to intervene if necessary in a field of provincial jurisdiction, whether it be the federal government or a provincial government.
However, in the case we are debating this afternoon, if the federal government could impose fines and intervene when the species in question were within provincial boundaries, when there are already wildlife conservation laws, we do not think that this would be secondary interference. We think that this would constitute a precedent which could involve the federal government in matters relating to ecology, environmental law. It could set unfortunate precedents, which could be detrimental to the provinces.
In conclusion, I thank our colleague for her bill. I understand her motivations very well. Unfortunately, we will not be able to support her.