Fisheries committee  I think that putting an explicit provision in the act that requires rebuilding depleted stocks, as they do in the U.S., would be a good idea. It has proved to be quite successful in the U.S. since that change was made to their law. Also, a simple prohibition on overfishing would be a good addition, a modern addition to our act.

Fisheries committee  Yes. I was just pointing out that, as a lawyer representing engineers and architects for large construction projects, I did have to deal with interpretation of the Fisheries Act. Also, now, for conservation groups, and streamkeeper groups, and individual members of the public who call our office because they're concerned about the impact of a development or project on their favourite local stream they've spent countless volunteer hours protecting, we have to interpret the act and tell them how to enforce it.

Fisheries committee  There are some new aquaculture activity regulations under the act that allow pesticides to be used in water, which many believe should be changed. I think I'll leave the questions on aquaculture separation, and I'll just refer to the Cohen commission report. After three years of detailed investigation, I think his recommendations should be followed.

Fisheries committee  Yes, I'd be happy to. Thank you. The only case I could find that did interpret that section was a Federal Court case, where the Mikisew Cree First Nation objected to Bill C-38, the omnibus budget bill, which weakened habitat protection, on the basis that they weren't consulted.

Fisheries committee  Sure. I'd be happy to. As you know, the Cohen commission did recommend full implementation of the wild salmon policy, and said it was an excellent policy; the only problem was that it hadn't been implemented fully, which is a big problem. It's a stepped approach. The first step in strategy one is to identify conservation units for salmon and then you colour code them green, yellow, or red.

Fisheries committee  Yes, I'd be happy to. I'll refer to the Supreme Court of Canada, and I'll quote from them: Though discretionary decisions will generally be given considerable respect, that discretion must be exercised in accordance with the boundaries imposed in the statute, the principles of the rule of law, the principles of administrative law, the fundamental values of Canadian society, and the principles of the Charter.

Fisheries committee  Excuse me, Mr. Chair. Do I have time to finish my answer or not?

Fisheries committee  Excuse me. I haven't finished. Streamkeeper groups are very concerned about how the law works.

Fisheries committee  As a lawyer when I first started, I represented engineering and architecture firms for large construction projects. In my current work as an environmental lawyer with a streamkeeper group—

Fisheries committee  It's over to you.

Fisheries committee  Yes, I do agree with that.

Fisheries committee  I think it is a conflict of interest for the government to be promoting that activity at the same time as fulfilling their overall mandate to conserve fish and fisheries.

Fisheries committee  Yes. One recent example that I'll give is the approval of the Pacific Northwest LNG project up in the Skeena River. That's Flora Bank that I referred to. Back in 1972, DFO said this was one of the most important habitat areas on the whole Pacific coast. It was surprising to see that DFO thought now, with the new definition under the act, that the amount of serious harm to fish habitat, using the new definition, was acceptable.

Fisheries committee  Thank you for the opportunity to speak here today. It's a pleasure to be here with Mr. Langer, whom I've known for many years. My name is Linda Nowlan, and I am a staff lawyer with West Coast Environmental Law in Vancouver. As an example of the type of work I do for this organization, which has been here for more than 40 years—I haven't been with it for 40 years, though—I've given a dozen workshops around the province on fish habitat protection law for community and streamkeeper groups.

Environment committee  I too think collaboration is absolutely essential. We have lots of examples when there have been years of collaboration between different levels of government, such as, for example, the marine planning partnership once again. There have been years and years of collaboration, and now it's time to move on with getting the designation in place.