Honourable senators, I rise to commence third reading debate of Bill C-68, government environmental legislation to restore protections for Canada’s fish stocks and habitat. In particular, I wish to put a few remarks on the record regarding the 28 amendments I brought forward on behalf of government at our Fisheries and Oceans Committee. I would also note that Senator Christmas, the sponsor of Bill C-68, will speak to conclude our third reading debate.

The government amendments at committee responded directly to our Senate debates at second reading, as well as to two Senate public bills with subject matter overlap with Bill C-68. Specifically, the changes I proposed on the government’s behalf deal with the subjects of water flow; designated projects; whale, dolphin and porpoise captivity in relation to Bill S-203; and shark finning and shark fin imports and exports in relation to Bill S-238.

Before touching on the details, first and foremost, I wish to thank Senator Christmas for his leadership as sponsor of Bill C-68. He brought a constructive, inspired and, indeed, inspiring perspective to his role as sponsor of this government bill. Thank you.

Senator Christmas has led our examination of Bill C-68 through the lens of an independent senator but also from the perspective of a Mi’kmaw leader and ambassador to the federation. Senator Christmas has eloquently expressed his people’s concerns for the health of our oceans, both for the sake of marine species in their own right and for the sake of his nation and the communities that rely on the sea’s natural abundance.

The version of Bill C-68 we debate today has been much improved through the Senate’s committee work, including, as a direct result of Senator Christmas’ policy and contribution, three amendments to strengthen the legislation as it regards section 35 Aboriginal and treaty rights.

The government welcomes the additional clarity now contained in the bill so that Indigenous partners can be confident that their constitutionally protected Aboriginal and treaty rights are affirmed and respected within Canada’s fisheries management framework.

With this goal in mind, the Honourable Jonathan Wilkinson, Minister of Fisheries, Oceans and the Canadian Coast Guard, has asked me to add the following statement to the record on behalf of Government of Canada as regards Bill C-68:

Honourable Senators, thank you for your contributions to the debate on Bill C-68, which will restore lost protections to fish and fish habitat and incorporate modern safeguards. I would like to recognize Senator Christmas, whose sponsorship and deep engagement on this bill has not only helped bring it to where it is today, it has illuminated the reality that there remains reconciliation work to be done with First Nations.

Throughout this process, Senator Christmas has not only shown his openness to working together on key concerns, but indeed he has challenged me to take a different perspective on many of these very issues.

It is without a doubt that Senator Christmas not only brings a thoughtful view of this legislation but has every step of the way, ensured that the concerns of the Mi’kmaw and other First Nations have been well represented and acknowledged, with clarity and certainty.

For the Senator, who grew up with Donald Marshall and called him a friend, I know that the ruling of 20 years ago on the treaty rights of the Mi’kmaw and Maliseet First Nations is more than just an issue to him. It is a matter of sacred and binding trust.

To Senator Christmas and all honourable senators in the chamber, I make my commitment to ensure that my department moves forward on a path that respects aboriginal treaty rights and the right to a modern livelihood for Mi’kmaw and Maliseet First Nations as affirmed by the Marshall decision.”

Honourable senators, I now wish to describe the amendments I moved on the government’s behalf at the Fisheries and Oceans Committee.

First, in response to issues raised in second reading debate by Senator Plett and others, I fulfilled an earlier government commitment to address the issue of water flow being designated as fish habitat. Farmers had reasonable concerns that this definition is overly broad and could unintentionally include human-made agricultural waterways such as irrigation ditches. The amendment of the government at committee, therefore, reversed the house amendment that proposed this designation, though I would note these waterways must still follow environmental codes of practice.

Coming from an agricultural community myself — that is, Vineland in the Niagara Peninsula, which I again visited just last week — I was pleased that the government has provided this reassurance to farmers who deserve the peace of mind to do their good work, which is so important for Canadian society.

Second, and on behalf of the government, I responded to reasonable industry concerns by proposing to clarify that the permitting system for large-scale projects may include exceptions to the Fisheries Act for activities and works that do not lead to the death of fish. This series of amendments will provide the authority for the minister to make the final determinations about which aspects of a designated project will require a permit, and further confirm that only those aspects will require a permit that are likely to result in the death of fish or harmful alteration, disruption or destruction of fish habitat.

Third, I moved three amendments in relation to the Bill S-203, the ending the captivity of whales and dolphins act, now in the final stage of review in the House of Commons. The purpose of these amendments is to make technical changes and legal clarifications to the policies of Bill S-203 when that legislation comes into force. Specifically, one amendment places within the Fisheries Act the import and export restrictions for cetaceans and their reproductive materials proposed by the Bill S-203. Bill S-203 had placed these restrictions in the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, known as WAPPRIITA. As with Bill S-203, the restrictions limit the import and export of cetaceans and their reproductive materials to the purposes, if federally licensed, of scientific research or the best interests of cetaceans.

The reason for this change is that the government prefers to enact these provisions through the Fisheries Act as DFO has experience and expertise in matters relating to cetaceans.

The second amendment in relation to Bill S-203 involves coordinating changes between that legislation and Bill C-68 to eliminate redundancies and duplications in multiple statutes as the government intends to give both bills Royal Assent on the same occasion.

I would note for the record that for all of the policies of Bill S-203 to pass into law, specifically the captive breeding and entertainment performance animal cruelty offences, it remains necessary for Bill S-203 to receive a third reading vote in the other place as Bill C-68 only deals with trade restrictions.

Of note, this amendment also grants certain exemptions to the federal government in relation to the offence in Bill S-203, particularly to authorize the possession of cetacean reproductive materials for scientific purposes. Under Bill S-203, only provincial authorities may grant such exemptions. This adds federal authority which is necessary in relation to materials in DFO’s possession for scientific purposes.

The third amendment in relation to Bill S-203 makes two legal clarifications that Marineland has requested on the record in the course of committee proceedings. Specifically, this amendment clarifies that Marineland will own the calves of beluga whales that will be pregnant at the coming into force of Bill S-203 and that the performance offence only applies to performances for entertainment purposes taking place in Canada and not to the sale of tickets for foreign shows.

For the record, these amendments are entirely consistent with Bill S-203’s full legal intention, and the government has consulted with both bill sponsors, retired Senator Willy Moore and Senator Murray Sinclair, in bringing them forward.

Having moved these amendments at the committee, I would repeat in this chamber my congratulations to Senators Moore and Sinclair and to all Bill S-203 supporters. These amendments are dedicated to the many thousands of Canadians and people around the world who have worked with a determination that the world might see whales and dolphins with greater respect and compassion.

At committee, I was also pleased to move a government amendment to fully include in Bill C-68 the measures proposed in Bill S-238 to prohibit shark finning in Canada and to ban the import and export of shark fins. As with Bill S-203, the government prefers to enact these measures through the Fisheries Act rather than WAPPRIITA. As well, the government was anxious that there may not be enough time for Bill S-203 to receive a final vote in the other place, and Minister Wilkinson was determined to make the shark fin ban happen in this Parliament.

As I indicated at committee, I would like to offer the government’s congratulations to Bill S-238’s sponsor, Senator Mike MacDonald, and to all the bill’s supporters, particularly the family of Canadian filmmaker and shark conservation hero Rob Stewart, who tragically passed away in 2017. The shark fin amendment, whose genesis is Bill S-238, is dedicated to Mr. Stewart’s life’s work to save sharks from extinction and to his memory.

With 90 per cent of sharks now eradicated from the world’s oceans, ending the trade in shark fins is an urgent matter and the government therefore has acted with resolve.

As an overall commitment, I hope the amendments in Bill C-68 will stand as an example of the results that can be achieved when the government and the Senate work together to deliver the best possible public policy results for Canadians. I congratulate all senators for the current Bill C-68’s response to Senate concerns and its inclusion of Senate policies. I hope it can be a model going forward in a more independent, positive Senate. Thank you.