Jail terms up to five years could also be imposed. But environmentalists note that politicians, not scientists, would have the final say on which species are defined as endangered. An independent panel would draw up an annual list, but the federal cabinet would have to ratify the choices. The bill does not make protection of habitat mandatory, even if the species is agreed to be in danger. Cabinet would then weigh environmental concerns against competing economic and social factors.
Critics also complain Ottawa is being too cautious in overriding provincial jurisdiction.
As a last resort, if a province fails to act, the environment minister could ask cabinet to consider federal intervention. Critics say Ottawa could impose its will unilaterally by using the Criminal Code. Anderson said if he followed May's advice the law would be struck down by the courts as an invasion of provincial jurisdiction. It denies the reality of Canadian life and the reality of the Canadian Constitution. In any event, he said, it would be impossible to impose a single set of rules on everything from whales in the Arctic to plant life on Vancouver Island to reptiles in southern Ontario swamps.