Madam Speaker, I thank the member for Souris--Moose Mountain for his question because I know that he is deeply concerned about this issue as we are. Certainly, all of us in the House were disappointed on the decision that was made relative to the March 7 border opening because based on science that border should have been opened.
However, I want to put the issue into perspective. First, the hon. member said that the USDA failed to provide the specific basis and why Canada was not there. The fact of the matter is that the Canadian government did ask to present an amicus brief which would have outlined the scientific details of what we are doing relative to BSE in this country. If the judge would have heard that, then he could have made a decision on the facts, but the judge refused to allow Canada to present that amicus brief.
I think it is important that I outline a few other specific points. First, the Government of Canada's approach has achieved some very considerable results, but not all that we wanted. We would have preferred the border to be opened totally on March 7.
The fact of the matter is that the interventions with President Bush and other American officials made by the Prime Minister, the Minister of Agriculture and Agri-Food and others have resulted in the border being reopened for boneless beef from animals under 30 months of age in August 2003.
That is the first time that ever happened to a country that had BSE. In fact, our exports of beef products, not cattle, to the United States are over 300,000 tonnes and that is at levels above in terms of the beef side prior to the BSE issue.
President Bush, as the Minister of Agriculture and Agri-Food has said in the House a number of times, and Secretary Johanns have repeatedly expressed their commitment to further opening the border as soon as possible based on science. It is disappointing that a U.S. district court judge in Montana has managed to keep the border closed by taking the presentation made by R-CALF and preventing us from getting products in based on science.
We believe there were compelling reasons for the court to allow us to participate in an amicus brief in order to shed light on a number of factual issues raised in the litigation, but we were refused from doing so. However, we are pleased to note that the USDA is now appealing the March 2 preliminary injunction.
The Government of Canada intends to seek permission to file an amicus brief with the appellate court that would allow us to set out the facts about Canada's system for protecting human and animal health and food safety. We believe, if given that opportunity to raise the facts with the court, that the judge, if he is fair at all in terms of addressing the issue, would in fact allow the U.S. law to proceed. This would allow Canadian beef under 30 months into the United States and we would work on the other issues following that date.