Mr. Speaker, it is with great pleasure that I take part today in this debate on Bill C-280 put forward by my hon. colleague from South Surrey—White Rock—Langley. The purpose of this bill is to criminalize the selling of wildlife.
Every effort must be made to prevent this activity, which is unacceptable, both environmentally and socially. I find however that the Criminal Code is too often used to raise the issue of criminalization.
What is the consequence of using the Criminal Code to penalize certain activities, whether environmental or other? It gives the federal government both an opportunity and the legislative means to step into areas of provincial jurisdiction. As my hon. Liberal colleague said earlier, and I agree with him, legislation and regulations exist in the provinces to effectively manage this activity.
That is the problem, because the bill before us is an infringement upon provincial jurisdictions according to the distribution of legislative jurisdictions under the Constitution Act, 1867.
I believe it is important to remember that some provinces, including Quebec, already have a special regime to control the sale of animals. In Quebec, I will quote among others, the Act respecting the Conservation and Development of Wildlife. Section 69 says:
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.
“No person may sell or purchase an animal the sale of which is prohibited by regulation.” That is what section 69 of the Quebec Act respecting the Conservation of Wildlife says.
The danger is that through this private member's bill the federal government will, under the Criminal Code, intrude into areas of provincial jurisdiction while some provinces, including Quebec, have already been proactive in this regard. Quebec has also been proactive through its legislation to protect species at risk.
Back in 1990, the Quebec National Assembly passed a bill to protect species at risk on its territory.