Mr. Speaker, today, I have the honour of sharing my views on Bill S-3, An Act to amend the Coastal Fisheries Protection Act.
I listened carefully to the speech given by the Parliamentary Secretary to the Minister of Fisheries and Oceans on this bill, and I think that he raised some very interesting points.
This bill should be referred to the Standing Committee on Fisheries and Oceans for further debate. It should probably also be amended. I hope that the Parliamentary Secretary to the Minister of Fisheries and Oceans and his colleagues will support these amendments.
Nonetheless, there are some problems with this bill that should be debated here in the House of Commons. My first concern is that this bill has already been debated in the Senate.
Today, the government seems to be ignoring our parliamentary procedures and traditions. Usually, bills are introduced in the House of Commons before they go to the Senate, and there are several reasons for that.
It is not just because members like debating these issues in the House of Commons. It is because we are the elected representatives of the people. We raise our concerns and those of our constituents in a place where they may have some bearing. We should therefore start with a debate here in the House.
People generally believe that the Senate is a chamber of sober second thought and that it provides a second chance to ensure that we did not miss anything in the House of Commons.
Unfortunately, that is not the case here. This bill was introduced in the Senate, where the senators diligently did their job and proposed amendments. Now, the bill has come before the House of Commons, where other amendments may be proposed, and the bill will then have to go back to the Senate for a second time.
This is a waste of time, and this way of doing things disregards the role of the House of Commons. The House should have the right to examine bills first. The House is not supposed to oversee the Senate. That has never been its role.
To be quite honest, I believe that the Senate should be abolished, end of story. This institution has no place in a free, democratic and modern parliament. To some extent, this institution is keeping us trapped in the past, but anyway.
The fact remains that the bill has finally come before us. We are interested in debating it and either passing it as is or amending it. Personally, I believe amendments are needed.
I just want to point out that this bill does more than just amend the Coastal Fisheries Protection Act. The purpose of the bill is to ratify an international agreement adopted by a number of countries, including those of the European Union.
The agreement that will be ratified by this bill is the port state measures agreement. This United Nations agreement shows that it is in our best interest to work with our international partners in order to achieve effective management of a healthy industry, management on which the nations of this world can agree.
I think it is great that the government before us is prepared to adopt an international agreement. We have often seen this government struggle with ratifying, adopting and honouring international agreements, except for those it makes in secret, like the free trade agreements that we still have not seen. I am talking about the free trade agreement with Europe. This government does not want Canadians to be able to read the text and decide whether they agree with it or not.
Fortunately, the United Nations seems to be taking the right approach. It is obliged to disclose agreements before those agreements are ratified. Our government could learn a thing or two from the United Nations.
I absolutely want this bill to promote a healthy fishery in Canada. It will certainly improve things.
There have been many occasions when we have seen shortcomings in the tools available to us. The parliamentary secretary said there was already very effective legislation in place that might be improved by this bill. For the most part, I agree with him. However, if there is an international agreement, if other countries can teach us ways of improving our practices in Canada, then we should listen and adopt those practices, if they can help us.
According to the United Nations, illegal fishing has reached a pretty high level internationally. In 2008, pirate fishing was worth an estimated $10 billion to $23 billion a year. We know that related industries in Canada generate roughly $5.5 billion a year and that 71,000 full-time jobs are linked to the fishery and related industries such as aquaculture and processing. That is a lot of money.
International fishing lowers the price of fish products. We know that the arrival of an illegal product on the market has a negative impact on the price. There are already too many concerns about the price of fish products. Every year lobster fishermen in the Maritimes find it difficult to get a price that will ensure the economic survival of their industry. We have seen this many times in other industries as well.
We really want to have the tools to ensure that prices are realistic and reflect the reality of the legitimate fishing industry. We do not want to subsidize the illegal industry. Unfortunately, today, there is still too much illegal fishing. This bill will help us eliminate much of this illegal fishing.
We should remember that there are elements of the bill that are of great concern. The tools we will provide to our officers will be helpful, but do these officers have all the tools they need? Are there enough officers on the job?
In his question for the parliamentary secretary, my colleague from Cardigan did say that there were significant cuts to surveillance by Fisheries and Oceans. The parliamentary secretary replied that he was not worried about it and that even if there were cuts, illegal fishing in Canada has declined.
It is quite reasonable to suspect that, if there is a downsizing of surveillance personnel in Canada, we will not be able to properly assess illegal fishing because it is done at night. We need open tools. We need effective tools on the water in order to really control illegal fishing. I think it would be advisable for the parliamentary secretary to take his analysis further and determine what exactly is the actual reduction or perhaps increase in illegal fishing in Canada.
Fisheries and Oceans Canada has suffered a huge number of cuts in recent years. I suspect that the department is not capable of putting a figure on how much illegal fishing is going on in Canada. I am sorry, but I have a hard time believing the parliamentary secretary when he tells us that illegal fishing is on the decline. I do not think the data are there to support that assessment. I implore the parliamentary secretary to talk to his minister and ask her to increase the number of staff, not only in surveillance at Fisheries and Oceans Canada, but also in all of the department's sectors. This department has probably gone through more budget cuts than any other department.
It is time for things to change and for the department to start increasing spending instead of always making cuts.
We heard in the news that scientists at Fisheries and Oceans Canada were laid off. There is a lack of information on the studies that need to be done, including in the case of the port of Cacouna, an item that recently popped up in the news. We have seen repeatedly that Fisheries and Oceans Canada simply does not have the tools it needs.
The bill will also give surveillance powers to our officers. It is hard to justify these new powers, but I am waiting for the parliamentary secretary to explain where the government is going with this.
I want to talk more specifically about the power being given to inspectors, who will be able to conduct searches at sea without a warrant. I doubt that this power will pass the legal test. I am not even sure that our border officers have this power. The government wants to give this power to our fisheries officers, when officers on land do not seem to have that power. I do not understand how this power is useful or valid. Once again, I would like to hear from the parliamentary secretary on that, especially if this bill makes it to committee, so that we have a better idea of where the Conservatives are coming from.
If it is true that officers can conduct this type of search, we have to wonder whether they would be putting themselves in danger. That is something that these workers will have to ask themselves. The ocean is isolated. It is rather big. The officers are far from resources and support. It is a matter of safety for workers. I am concerned about this power being granted to workers, but once again, I am looking forward to hearing further justifications from the government so that we understand where it is coming from.
In addition, the bill poses a legal problem: it takes the new definition of justice from section 2 of the Criminal Code.
According to the Criminal Code, justices include justices of the peace and provincial court judges. The problem we have with that in Newfoundland is that justices of the peace do not exist, first of all, and they certainly do not have the capacity to hand out injunctions and search orders.
I am a little concerned that we are creating in inequality between the provinces when it comes to the bill. I want to hear more from the government side as to what it means to give this sort of power to a justice of the peace.
I will briefly quote a court case, which passed through the courts about 15 years ago, R. v. Saunders, 2002. From Carswell Newfoundland, this is section 155, paragraph 19:
Search warrants are obtained on an ex parte basis.... They are often obtained from justices of the peace who have little legal training and they are often requested on short notice. ...many of them have received little if any training. This is unfair...and makes it impossible for them to fullfil their constitutional obligations. This search warrant illustrates that this is a situation that is no longer acceptable. If the power to issue is going to be granted, then at least a minimum level of training should be provided.
A search warrant is a very powerful tool. People who are perhaps ill-equipped to issue one are being asked consider doing so. Issuing a search warrant to officers who will be isolated and unsupported when they go to sea might put them in a very dangerous situation.
Unfortunately, Fisheries and Oceans Canada has made a lot of cuts to the Coast Guard, which has put its employees in an increasingly precarious situation.
The cuts to Fisheries and Oceans Canada might jeopardize the safety of mariners or Government of Canada officers at sea. We are concerned for their safety. Unfortunately, Fisheries and Oceans Canada is moving in the opposite direction by cutting resources that would give these people the support they need.
I am not interested in talking about recent situations where there were marine safety problems. I would simply like to say that since I was elected in 2011, there have been some fairly serious situations every year where people were in danger when they should not have been. We need to have tools in place to ensure their safety. Unfortunately, the government is moving in the opposite direction.
Not only does this bill jeopardize the safety of our officers at sea, but it also allows someone with little understanding of the potential risk to officers to grant the right to proceed with a search. It is a very perilous situation.
I hope the parliamentary secretary will give us more information on the direction the government intends to take with this. Why is it proposing such a bill? What will it do to ensure that Fisheries and Oceans Canada is equipped to protect officers and mariners in general?
Today, we heard the parliamentary secretary talk about the bill, and I am very pleased about that. However, I doubt that any other members will come forward to debate this bill today. Frankly, I think it is a bit shameful that the government is not taking this opportunity to fully explain its viewpoint. It is unfortunate that the government is not asking members to go over Bill S-3 carefully and thoroughly.
We are asking questions, but we are not getting answers. We expect the government to introduce and defend its bills, but all we get is radio silence. Today is no exception. I would be surprised if even one Conservative member made a speech today. It is unfortunate, but that is the way things are.
I will come back to the bill, which I think addresses some problems. Illegal fishing must certainly be stopped. Apart from conducting searches, officers will be able to inspect containers, even on land, and vehicles, which they were not able to do before. In fact, the legislation allowed them to inspect only vessels used directly for illegal fishing. Bill S-3 broadens the definition, enabling officers to conduct much more comprehensive inspections. Of course, the fact that they will be able to do so just on a hunch worries me. The government must be very clear and ensure that Bill S-3 is consistent with the Canadian Charter of Rights and Freedoms, specifically paragraph 11(d), which states that any person charged with an offence has the right to be presumed innocent until proven guilty by an impartial tribunal.
This bill will give the minister the power to impose penalties, but those being penalized will not have the opportunity to defend themselves. We really have to be careful. This bill goes too far in some respects. Some of the powers it gives to the minister are justified, but others are not. Once again, we are heading for court challenges that could take years.
The courts will probably shoot down parts of this bill. Once again, this is a waste of time. Taking this bill to the Senate wasted time, and now more time will be wasted because this bill will most likely go before the courts so that they can get rid of the parts that are unjustified.
If we pass this bill, and that is certainly what I recommend we do, I hope that the parliamentary committee will pay close attention to the witnesses and think long and hard about amending it. That being said, on the whole, this bill deserves our attention and our support.