The Chair: Just to follow your reasoning, though, because Madame Lalonde's point is obviously legitimate, everybody is telling us the provinces have the primary right to legislate in respect of the environmental control over the waters and the ownership of the waters in their jurisdiction, but now you're telling us that here, at least as a matter of constitutional law, because these are boundary waters and therefore international, there's a limit to provincial jurisdiction and the federal government has to come in, because without the federal government intervention the province would be outside of its jurisdiction, presumably, once it enters into boundary waters, because those are now international rather than purely within the ...[+++]territory of the province.

Article 10 (2) sets out a number of optional jurisdictional grounds, which the Member States may inter alia choose to adopt.Article 10 (3) refers to the prosecution of the offences referred to in Articles 2 and 3 committed outside the territory of the Member State concerned and stipulates that "each Member State shall, in those cases referred to in point (b) of paragraph 1, and may, in those cases referred to in paragraph 2, take the necessary measures to ensure that its jurisdiction is not subject to either of the following conditions: (a) the acts are a criminal offence at the place where they were performed; or (b) the prosecution ca ...[+++]n be initiated only following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed".

When in a given Member State and for a given competence no such relevant administrative department exists that covers the whole territory, the obligation should apply to those administrative departments whose competences cover collectively the whole territory.

2. As against a respondent who is not habitually resident and is not either a national of a Member State or, in the case of the United Kingdom and Ireland, does not have his "domicile" within the territory of one of the latter Member States, any national of a Member State who is habitually resident within the territory of another Member State may, like the nationals of that State, avail himself of the rules of jurisdiction applicable in that State.

Mr. Walsh: As the territory is not a province, it is competent for Canada to devolve any federal jurisdiction to the territory.

SARWG therefore has focused on expanding mandatory habitat protection on federal lands and in areas of federal jurisdiction.