Madam Speaker, I am pleased to rise today to take part in the debate on Bill C-292, an act to amend the criminal codes (selling wildlife), as presented by the member for South Surrey--White Rock--Langley.
Let me begin by congratulating her on this private member's bill. I can assure her that I will support the bill.
I should say to the Liberal member that this bill is at second reading and I am sure there will be a lot more debate in committee, if it goes to committee for debate. There is no such thing as a perfect bill when it comes to the House in the first couple of stages, so I remind members that I am sure there will be changes made to the bill before we get to vote on it at third reading.
Being the fifth speaker, let me reiterate what the bill is about.
The purpose of this enactment is to make the selling of wildlife and wildlife parts an offence under the criminal code unless carried out under and in accordance with a licence, permit or an exemption order. In other words, this is exactly what we need, for are all citizens of this country, both aboriginal and non-aboriginal. We know the problems with regard to poaching which perhaps endangers not only endangered species but also those regular species in our wildlife habitat, including fish.
I also understand that there is cause for concern in terms of an attack on the jurisdiction of provincial governments. I will just quote from the communication of the member for South Surrey--White Rock--Langley to her colleagues in reference to the bill. The letter states:
My legislation eliminates the need to prove international or interprovincial transportation by adding a section to the Criminal Code. My bill does not create any new offence--the provinces will still have sole jurisdiction to determine what activities are deemed illegal. However, wildlife peace officers will have the discretion to pursue the most serious case of poaching through the Criminal Code, or through their respective provincial legislation.
That shows me that the provinces will still have the final say regarding their provincial legislation and the regulation of the taking of wildlife, game or fish.
The other thing is exclusive jurisdiction over the management of wildlife fish or game still rests with the federal government from coast to coast to coast.
To ensure that the bill is about the selling of wildlife, what I to read section 447.2, which states:
Notwithstanding any Act of Parliament, but subject to this Part, no person shall
(a) sell wildlife or any part thereof;
(b) kill or capture wildlife for the purpose of selling that wildlife or any part thereof; or
(c) possess wildlife or any part thereof for the purpose of selling that wildlife or part thereof.
In other words, the emphasis is on selling game which is taken for domestic or personal use. Essentially this is the problem we encounter. There are aboriginal and non-aboriginal people out there who take wildlife and sell it or trade it for monetary gain. That is a threat to the wildlife itself. On that principle, I must applaud Bill C-292 as necessary legislation.
One of the exemptions deals with aboriginal and treaty rights. In fact, part (3) of section 447.2 states:
For greater certainty, nothing in this section shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
I will comment on the taking of game and fish by the aboriginal community. Under current treaty laws the taking of wildlife and fish by aboriginals is permitted for the purpose of sustenance. I approached the ministry a year ago to ask for a definition of sustenance but was not given one. However most people understand sustenance as putting food on the table. That is a pretty clear and simple definition.
For purposes other than putting food on the table the same rules for the taking of wildlife and fish should apply all of us, aboriginal and non-aboriginal alike. I bring this up because my province of Manitoba has no hunting or fishing regulations which apply to sustenance or the taking of fish or wildlife by aboriginal people.
This has created a huge problem. At the start of the winter aboriginal people took fish from two stocked lakes in my riding. To the tune of 100,000 pounds of walleye was taken from Lake of the Prairies, most of which was mature stock. Approximately 150,000 pounds of mature breeding stock was taken from Lake Dauphin. Under the guise of sustenance the fish was taken and sold on the market. A lot of it was sold through the Freshwater Fish Marketing Corporation which is a federal agency.
Citizens of my riding are asking what the government will do about this. It would be no different if non-aboriginals poached 100 black bear, took their galls and put them on the international market. There is a void. We need regulation. We need laws.
As I said earlier, the federal government has exclusive jurisdiction over the management of resources across the country. If the province will not put in regulations the federal government needs to show leadership, take responsibility and act in the best interest of Canadians. For that reason alone Bill C-292 has a lot of merit. We need to support it.
We have reached a point in my riding where a resource management group has emerged whose members include municipal leaders, resource and fish enhancement groups and conservation groups. It is an umbrella organization concerned about abuse of the rules by both aboriginal and non-aboriginal citizens who take wildlife.
The federal government should wake up to the realities of what is happening across the country and become involved. It is long overdue.
On a personal note I applaud the hon. member for South Surrey--White Rock--Langley for her bill. Debate needs to take place across the country. I am sure her bill will create a lot more of it. I will support Bill C-292.