Mr. Speaker, I am pleased to take part today in this debate at the second reading stage of Bill C-33, an act respecting the protection of wildlife species at risk in Canada.
As we all know, industrial development in our society has had and continues to have disastrous and often irreversible effects on the environment.
Numerous plant and animal species have disappeared, particularly since the beginning of the 20th century. However, it was not until the last few decades that the need to protect our environment and to preserve our environmental heritage has become obvious, forcing governments to pass appropriate legislation.
As members know, I represent an urban riding, Laval being the second largest city in Quebec. On the initiative of certain individuals who understood the importance of protecting the diversity of our fauna and flora—and I will gladly take this opportunity to salute Jean Lauzon and Michel Aubé for their vision and their extraordinary commitment—an organization in my riding, Éco-Nature, has worked hard to preserve wildlife in the Mille-Îles River area. In co-operation with the Quebec department of the environment and wildlife, Éco-Nature has played an important role in the protection of endangered species for more than 15 years.
The part of the greater Montreal area where Laval is located is already heavily urbanized and development continues to grow. In fact, 75% of the north shore of the Mille-Îles River is developed, whereas in Laval, on the opposite shore, the figure is 65%. Of course what relatively intact habitat remains must be protected.
Since 1998, the Mille-Îles River Park includes approximately 10 islands that have wildlife refuge status. The Mille-Îles River Park is a protected habitat in the heart of greater Montreal. Every year it is host to tens of thousands of visitors.
Thanks to the enthusiasm and skills of many naturalists, the young and the not so young get reacquainted with the habitat of turtles and the great blue heron. In an idyllic setting throughout the seasons, visitors can see beaver dams and species of deciduous trees hard to find elsewhere.
This is an example of the kind of results produced by threatened species legislation such as Quebec's.
Earlier I mentioned the Quebec environment and wildlife department. I must add that since 1989 it has as protection tools the Act respecting Threatened or Vulnerable Species and the Act respecting the Conservation and Development of Wildlife.
Quebec uses these tools to identify species at risk, list them as threatened or vulnerable, protect their habitat, and develop and implement recovery plans to adequately protect species and habitat in a precarious situation.
One might well wonder why have federal legislation. What is this legislation going to add to the administrative measures already in place in Quebec? Nothing.
Moreover, it is not the first time the federal government has tried to slip through legislation dealing with this area. Here is a brief historical overview of the legislation.
In 1995, the Minister of Environment of the day, now Minister of Heritage, announced her intention to pass legislation on endangered species. This raised a general uproar, from both provincial governments and environmental groups.
A year later, her successor called a meeting with provincial environment ministers. This was on October 2, 1996, close to four years ago now, the location, Charlottetown, a city with a certain myth attached to it as far as agreements are concerned. The hope was for the ministers of the environment to reach an agreement in principle on endangered species. Thus the agreement on the protection of endangered species.
Yet, when Bill C-65 was introduced, which is sort of the ancestor of the bill we have before us today, the Quebec minister of the environment and regional minister for Laval, my friend David Cliche, rightly found that the federal government's bill did not fully reflect the agreement that had been entered into.
As usual, the federal government is proclaiming the necessity for co-operation between the various levels of government, but as usual when it comes time for action it knows but one way of implementation: blundering in over the lines of provincial jurisdiction. In a letter dated December 2, 1996, the Quebec minister of the environment wrote the following to his federal counterpart:
Nor was it ever agreed that ratification of a treaty by Canada changed anything in the distribution of jurisdictions and gave the federal government exclusive jurisdiction to implement the treaty.
Under the pretext of protecting species at risk, the bill is in fact an attempt to rewrite or reinterpret the Canadian Constitution and the way it gives certain powers to various levels of government.
At that time, the Bloc Quebecois opposed this bill because it intruded in provincial jurisdiction.
Bill C-65 died on the Order Paper in April 1997, when the election was called.
Bill C-33 is almost a carbon copy of the defunct C-65. With the same pre-election climate to boot, we could even ask ourselves whether this bill too will die on the Order Paper for electoral reasons.
The bill ignores provincial jurisdictions and existing laws, such as those in Quebec. This is new useless duplication in a field in which the government of Quebec has proven its mettle. As an example of these intrusions, let me point out that clause 34(2) provides that:
The Governor in Council may, on the recommendation of the Minister, by order, provide that sections 32 and 33 apply in lands in a province that are not federal lands.
Federal lands mean lands of the federal crown. The intent is clear. The prohibitions contained in clauses 32 and 33 of the bill can apply to lands under provincial jurisdiction simply by ministerial order.
In addition, if the minister feels that the laws of a province do not properly protect a given species, the minister may recommend the governor in council make an order in this regard. If this is not meddling in the way the provinces carry out their environmental protection responsibilities, I do not know what it is.
We all realize that the protection of the environment and particularly of the threatened species is a key issue. However, the federal government cannot take action in that area while denying the role that the provinces are already playing. As the Quebec minister of the environment, Paul Bégin, said:
Quebec has always behaved in a responsible and appropriate manner regarding the protection of the most threatened fauna and flora species and it intends to keep on exercising its authority in this matter. We will never accept an umbrella piece of legislation covering all the initiatives in this area.
Bill C-33 only duplicates what certain provinces such as Quebec are already doing, instead of harmonizing what each level of government could do in its area of jurisdiction. Unfortunately, we all know that this is the federal government's way of doing things. To believe that a tempered federalism, a federalism respectful of the existing jurisdictions is here is just an illusion and Quebecers will not be fooled.