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Environment committee  It might not get resolved at all. The tendency in Canada is not to litigate, of course. There is a remarkably sparse history of interprovincial litigation--or, for that matter, federal-provincial litigation. That's partly because of the nature of our Constitution. Unlike the Unit

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  One of the additional problems with fisheries and navigable waters power is that they have been read down by the courts. If it doesn't look like fish, even though you put it in the Fisheries Act it doesn't mean the courts will accept it. There were a couple of cases in the early

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  Absolutely.

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  There are two points on that. The first goes to the general question as to the interaction of the federal and provincial powers. It seems to me the fisheries power would be treated somewhat differently from the power with respect to transboundary waters, and that is because the f

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  They are certainly referred to in the Mackenzie agreement. As I recall, they are not in the prairie provinces' agreements. But there is recognition of all the right things: first nations rights, the need for prior consultation, notification, public participation, and ecosystemi

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  I can certainly speak to it, because I remember writing about this 20 years ago, and it had never been used then. Part II of the Canada Water Act has never been used. The Canada Water Act was introduced in 1970, at a time when there was a different tone to what the federal gover

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  Much of this is political will, of course.

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  At one time in the 1980s, if I wanted to talk to the federal government about water policy, I knew where to go: I'd go to the inland waters directorate. That doesn't exist any more. I wouldn't know who to go to in the federal government. That “who” may be a number of who's, locat

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  I think my comments were a little more restricted than that. I might agree with a more general comment, but my comments really were restricted to the federal government's role on transboundary water management, and specifically with respect to the Mackenzie basin. I think one cou

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  We've been told that we have seven minutes.

May 13th, 2009Committee meeting

J. Owen Saunders

Environment committee  I'll be able to speak at a reasonable speed, then. That's fine. I should probably begin, Mr. Chairman, because it sounds like I have somewhat more of a broader overview than my colleague. Thank you for the invitation. I want to begin by emphasizing that I'm here in my personal

May 13th, 2009Committee meeting

J. Owen Saunders