Mr. Speaker, I would like to pursue with my hon. friend the matter that I tried to pursue with the previous speech from the member from her caucus, which was to explain the constitutionality of basically the abandonment of navigation under the federal head of power in the Constitution. I hope it will not be unfair to my friend but I think she was present when we were discussing this.
Constitutional law, as I recited from Professor Peter Hogg who is the leading expert, requires that we look at the Constitution not based on what people designed things for in the 1860s but as they evolve. As Lord Sankey wrote in a decision of the high court in 1930, the BNA Act is like a tree planted in Canada that grows and evolves. That means that the meaning of “navigation” and “navigable waters” have changed since 1867. For generations, they have always included that we protect free-flowing rivers in Canada.
When the federal government, through Bill C-45, retreats from this, it would be illegal for any other level of government to step in to protect rights of navigation on waterways throughout Canada. How do we square this circle of unconstitutionality?