Honourable senators, I am pleased to join the discussion today on Bill S-273, Chignecto Isthmus Dykeland System act, tabled by our Maritime colleague Senator Quinn. I rise as the critic of this legislation.

For those less familiar with topographical terminology, an isthmus is a narrow strip of land separating two expansive bodies of water and connecting two larger landmasses. As Senator Cotter accurately pointed out in his speech, “isthmus” certainly qualifies as one of the most difficult words to pronounce in the English language, at least for those of us who speak English as our first language. It is no wonder Maritimers have always euphemistically referred to the general area as the Tantramar Marshes. It’s so much easier to pronounce.

There are four distinct and significant isthmus formations in Canada: the Isthmus of Avalon, connecting the Avalon Peninsula with the main portion of the island of Newfoundland; the Sechelt Isthmus, on B.C.’s Sunshine Coast; the Niagara Isthmus, separating Lakes Erie and Ontario; and, in this case, the Isthmus of Chignecto. The Chignecto Isthmus separates the Northumberland Strait in the Gulf of St. Lawrence from the Bay of Fundy to the southwest, and it connects the provinces of Nova Scotia and New Brunswick.

But this 13-mile-wide strip of land connecting Nova Scotia to the North American continent exists in unique circumstances. As the only land link between Nova Scotia and the mainland of Canada, it serves a vital role to industry and our economy, with over $35 billion in trade transiting the corridor annually, as well as 15,000 vehicles daily and millions of people annually.

All roads and rail service, fibre optic telecommunications and pipelines depend on this corridor. It should also be remembered that this highway access is almost as important to Newfoundland as it is to Nova Scotia. What makes the area of immediate structural concern, however, is that it sits on land only slightly above sea level, and that land, while very fertile, is also very flat. This vulnerability presents a particular risk that must be mitigated, especially with the Bay of Fundy subjecting the area to the highest and strongest tides in the world.

I’ve heard repeated references to climate change, but I remind honourable senators that the rising nature of the Atlantic Ocean has been around long before the term “climate change” was coined, and the practical necessity of diking this land and protecting this unique coastline has been evident for well over three centuries.

Senator Quinn provided this chamber with a useful overview of the history of the dike land systems established by the Acadians beginning in the late 17th century. They built a series of earthen dikes to protect agricultural lands from the ever-active tides of the Bay of Fundy. Many of these earthen dikes remain, although they are only a couple of feet high for the most part.

When the New England planters arrived to farm the vacated land beginning in 1759, they revived and expanded the existing agricultural dike lands over the ensuing decades, building bigger dikes, culminating in the building of the Wellington dike between 1817 and 1825, which protects over 3,000 acres of prime farmland and is over 50 feet high and 120 feet at the base.

In 1948, after persistent pressure from Maritimers who recognized that the dike lands required significant enhancements, Parliament passed the Maritime Marshland Rehabilitation Act, which obligated the federal government to pay 100% for the construction and reconstruction of dikes and dams in the area. Now, 75 years later, these are the same dikes that need to be replaced, upgraded or reinforced at an estimated cost of $650 million. I think all my Maritime colleagues would agree that we have been experiencing severe weather events in our region at an alarming frequency — certainly more frequently than I can remember in my lifetime. As you recall, this summer Nova Scotia experienced record-shattering rainfall during a 24-hour period in July with some areas receiving nearly 10 inches of rain. That’s 250 millimetres. This is rainfall of historic proportions.

Atlantic Canadians have also been experiencing increased threats from hurricanes in recent years. With ocean surface temperatures rising along the eastern seaboard, scientists have noted the Atlantic coast is becoming a breeding ground for tropical storms and hurricanes sweeping north. They are increasing in intensity and they are increasing in frequency, bringing with them heavy wind, rain, dangerous ocean swells and leaving a trail of destruction behind for Atlantic Canadians.

Colleagues, when you add the severity and frequency of these weather events to the reality of rising sea levels, it’s understandable that the governments of New Brunswick and Nova Scotia and the residents have increased anxieties about the adequacy of the dike system at Chignecto.

What would happen if there was a failure of the dated infrastructure? What if, suddenly, that narrow piece of land — vital for trade, a utility corridor for this country and a lifeline for Nova Scotia and Newfoundland — became compromised and impassable? We can only imagine the result would be devastating for our national economy, our industries as well as the people and businesses of Nova Scotia and Atlantic Canada.

Since the federal government has the responsibility for interprovincial trade, the New Brunswick and Nova Scotia governments believe that Ottawa should take on 100% of the cost. But the federal government is only offering to cover 50% through the Disaster Mitigation and Adaptation Fund. This is not only unfair, it is unjust and it is unequal. What Senator Quinn has proposed with this bill is to declare the dike land systems at Chignecto to be for the general advantage of Canada, a policy principle that has its foundation in our Constitution and which allows for the federal government to assume jurisdiction over works which it deems to be in the national interest.

Senator Quinn rightly points out that the Fathers of Confederation provided Parliament with a declaratory power to determine works that are in the national interest, transferring jurisdiction for those works to the federal level. And what Senator Quinn is proposing is not unprecedented.

For years, the American-Canadian border at Windsor and Detroit has served as Canada’s single business and commercial land corridor between our two countries, but the privately and American-owned Ambassador Bridge was the sole access for road traffic, and it could often be congested to the detriment of both commerce and the movement of people.

In 2012, the Harper government resolved to fix the problem with the decision to build the Gordie Howe International Bridge, which will open in 2025. It wasn’t required to adopt any declaration to build the bridge as all international crossings are the responsibility of the federal government and the demand for a new bridge had been around for a long time. The $4-billion structure would be paid for through its tolls, a user-pay approach that I have always supported in principle where and when it makes sense.

Then in 2014, the Harper government enacted the New Bridge for the St. Lawrence Act, in which it declared the Champlain Bridge in Montreal and related works to be for the general advantage of Canada. The very busy original Champlain Bridge was found to be structurally unsound, but the Government of Quebec and the City of Montreal said they couldn’t afford to pay for the new bridge. However, unlike the Gordie Howe International Bridge, this is unquestionably a provincial matter. Municipalities are creatures of the provinces, and municipal bridges are simply not the responsibility of the federal authority in this country. But the need was urgent, hence the decision of the Harper government to assist in the construction of the new Champlain Bridge.

However, the federal government also declared that its commitment came with the understanding that the bridge would be tolled and that the federal taxpayer would be reimbursed for the upfront costs of the new Champlain Bridge. I agree wholeheartedly with that economically responsible approach, which solves an immediate problem but also respects divisions of power under the Constitution.

After the election of the Trudeau government, they dropped the reasonable and financially responsible decision to toll the new bridge. Instead, the new Trudeau government gifted to Montreal an expensive and important piece of infrastructure that is unquestionably a municipal and provincial responsibility. The new bridge is to be paid for exclusively by the Canadian taxpayer with the considerable price tag of $4.2 billion.

Colleagues, I think the Champlain Bridge is of vital importance to our economy and that it was a sound initiative by the federal government to replace the aging original structure. However, I also believe the Trudeau government should have done the fair, equitable, honourable and financially responsible thing and kept the tolls on the bridge. Since they established this precedent, all regions, provinces and Canadians should be treated equally in matters of this nature.

For reference, compare the issue of management regarding the new Champlain Bridge to that applied towards the Confederation Bridge connecting Prince Edward Island to the mainland. I remember that project very well. The late Stewart McInnes was the then minister of public works, and I was the executive assistant when the decision was made to build the Confederation Bridge. The government had a foundational obligation going back to 1873 to provide transportation infrastructure to Prince Edward Island, which traditionally meant a ferry service.

Why is it fair today for Prince Edward Islanders and those who visit the Island to continue to pay tolls while other bridges paid for by the federal government are exempt, especially when infrastructure like the Confederation Bridge is actually the responsibility of the federal authority? These are reasonable questions.

Canadians today are finally realizing that financial responsibility and the Trudeau government repel each other like the same poles of a magnet, and their latest scheme regarding selective tax exemptions for home heating illustrates that fair and equal treatment of Canadians appears to be something beyond their capacity.

I would be remiss if I did not note that the Nova Scotia capital has two bridges spanning Halifax Harbour, funded by the provincial and municipal governments, paid for and maintained by the tolls charged to those who use the bridges — no federal money for these bridges and no removal of our tolls. I don’t begrudge any municipality, any province or anyone in this country anything if it makes life a little better for all concerned, but it’s time we return to a government that didn’t treat Canadians differently in different parts of the country. Canadians deserve better than this.

Given that the $4.2-billion Champlain Bridge serves as a vital economic corridor with approximately $20 billion worth of goods crossing from the island of Montreal to the south shore of the St. Lawrence, I share the view that this is a justifiable federal investment, but the precedent has been set. In the interests of regional fairness, the same logic should be applied to vital infrastructure of national interest in the Maritimes. The Isthmus of Chignecto is a critical choke point with $35 billion of annual business, and the cost of the proposed solution is merely one seventh of the cost of the Champlain Bridge. The federal government should step up and do its job and stop prevaricating.

It’s not uncommon for Maritimers to be forgotten or treated like second-class citizens by governments in Ottawa. In fact, it was foreseen by our Fathers of Confederation. When John A. Macdonald and the Fathers of Confederation met for two weeks in Charlottetown, a full six days were spent solely on the creation of the Senate and its composition. They established a Senate that is formed on the basis of regional representation. Although we are appointed by province, our representation is regional, and we have to remind ourselves that one of our duties is to ensure regional fairness.

I have no doubt that the protection of this vital corridor is in the national interest, and I commend Senator Quinn for taking the initiative with this bill and supporting its advancement. So let’s get it to committee so we can ask the important questions. Let’s ask about the vulnerability of the dike system to weather events and the consequences of this land link being washed out.

Let’s ask how it would affect interprovincial trade and the industries that rely on the railway and highway or how international trade would be affected if the Port of Halifax could not import and export as usual. Let’s ask how Newfoundland would handle being cut off from its major supply line.

Senator Cormier indicated in his speech that he has some concerns about the federal use of the declaratory power of the federal government, and quoted our esteemed former colleague André Pratte as a source for his uncertainty. I don’t recall hearing these reservations being expressed when it was announced that the federal taxpayers would pay for the new Champlain Bridge, so perhaps his views have been modified in the meantime. However, I submit these reservations are esoteric concerns, and the real issue now is one of equal treatment for regions of this country, something which should be top of mind for every senator.

Colleagues, let’s send this bill as soon as possible to committee for further study. Canada has an isthmus to protect and preserve. Thank you.

Yes.

Senator Quinn, I’ll answer the second question first. There is no requirement that the declaratory power be attached to the expenditure of money up to the eventual cost of it; who is going to fund it? We’re not forcing anybody to spend money or declare how much money has to be spent.

In terms of the declaratory power, it’s certainly my understanding that the Champlain Bridge was built under the declaratory power, unless I misunderstand that, but I do not believe I do. I believe that’s correct.