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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

November 23rd, 2016Committee meeting

Linda Nowlan

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

November 23rd, 2016Committee meeting

Linda Nowlan

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

November 23rd, 2016Committee meeting

Linda Nowlan

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.

November 23rd, 2016Committee meeting

Linda Nowlan

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

November 23rd, 2016Committee meeting

Linda Nowlan

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

November 23rd, 2016Committee meeting

Linda Nowlan

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—

November 23rd, 2016Committee meeting

Linda Nowlan

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

November 23rd, 2016Committee meeting

Linda Nowlan

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

November 23rd, 2016Committee meeting

Linda Nowlan

Fisheries committee  It's over to you.

November 23rd, 2016Committee meeting

Linda Nowlan

Fisheries committee  Yes, I do agree with that.

November 23rd, 2016Committee meeting

Linda Nowlan

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.

November 23rd, 2016Committee meeting

Linda Nowlan

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 t

November 23rd, 2016Committee meeting

Linda Nowlan

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 organiz

November 23rd, 2016Committee meeting

Linda Nowlan

Environment committee  Sure. Thanks. I think the targets that are put in the ministers' mandate letters are achievable. You heard from Kevin Stringer from DFO that these targets have actually ignited a lot of passion and enthusiasm within DFO and across the country among conservation groups, indigenou

May 17th, 2016Committee meeting

Linda Nowlan