Bill C-9 (Historical)

Jobs and Economic Growth Act

An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures

Part 1 of this enactment implements income tax measures proposed in the March 4, 2010 Budget. In particular, it
(a) introduces amendments to allow a recipient of Universal Child Care Benefit amounts to designate that the amounts be included in the income of the dependant in respect of whom the recipient has claimed an Eligible Dependant Credit, or if the credit is not claimed by the recipient, a child of the recipient who is a qualified dependant under the Universal Child Care Benefit Act;
(b) clarifies rules relating to the Medical Expense Tax Credit to exclude expenses for purely cosmetic procedures;
(c) clarifies rules relating to payments made to a Registered Education Savings Plan or a Registered Disability Savings Plan through a program funded, directly or indirectly, by a province or administered by a province;
(d) implements amendments to the family income thresholds used to determine eligibility for Canada Education Savings Grants, Canada Disability Savings Grants and Canada Disability Savings Bonds;
(e) reinstates the 50% inclusion rate for Canadian residents who have been in receipt of U.S. social security benefits since before January 1, 1996;
(f) extends the mineral exploration tax credit for one year;
(g) reduces the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations;
(h) modifies the definition “taxable Canadian property” to exclude certain shares and other interests that do not derive their value principally from real or immovable property situated in Canada, Canadian resource property, or timber resource property;
(i) introduces amendments to allow the issuance of a refund of an overpayment of tax under Part I of the Income Tax Act to certain non-residents in circumstances where an assessment of such amounts has been made outside the usual period during which a refund may be made;
(j) repeals the exclusion for indictable tax offences from the proceeds of crime and money laundering regime; and
(k) increases the pension surplus threshold for employer contributions to registered pension plans to 25%.
Part 2 amends the Excise Act, 2001 and the Customs Act to implement an enhanced stamping regime for tobacco products by introducing new controls over the production, distribution and possession of a new excise stamp for tobacco products.
Part 2 also amends the Excise Tax Act and certain related regulations in respect of the Goods and Services Tax/Harmonized Sales Tax (GST/HST) to:
(a) simplify the operation of the GST/HST for the direct selling industry using a commission-based model;
(b) clarify the application of the GST/HST to purely cosmetic procedures and to devices or other goods used or provided with cosmetic procedures, and to services related to cosmetic procedures;
(c) reaffirm the policy intent and provide certainty respecting the scope of the definition of “financial service” in respect of certain administrative, management and promotional services;
(d) address advantages that currently exist in favour of imported financial services over comparable domestic services;
(e) streamline the application of the input tax credit rules to financial institutions;
(f) provide a new, uniform GST/HST rebate system that will apply fairly and equitably to employer-sponsored pension plans;
(g) introduce a new annual information return for financial institutions to improve GST/HST reporting in the financial services sector; and
(h) extend the due date for filing annual GST/HST returns from three months to six months after year-end for certain financial institutions.
In addition, Part 2 amends regulations made under the Excise Tax Act and the Excise Act, 2001 to reduce the interest rate payable by the Minister of National Revenue in respect of overpaid taxes and duties by corporations.
Part 3 amends the Air Travellers Security Charge Act to increase the air travellers security charge that is applicable to air travel that includes a chargeable emplanement on or after April 1, 2010 and for which any payment is made on or after that date. It also reduces the interest payable by the Minister of National Revenue to corporations under that Act.
Part 4 amends the Softwood Lumber Products Export Charge Act, 2006 to provide for a higher rate of charge on the export of certain softwood lumber products from the regions of Ontario, Quebec, Manitoba or Saskatchewan. It also amends that Act to reduce the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations.
Part 5 amends the Customs Tariff to implement measures announced in the March 4, 2010 Budget to reduce Most-Favoured-Nation rates of duty and, if applicable, rates of duty under other tariff treatments on a number of tariff items relating to manufacturing inputs and machinery and equipment imported on or after March 5, 2010.
Part 6 amends the Federal-Provincial Fiscal Arrangements Act to provide additional payments to certain provinces and to correct a cross-reference in that Act.
Part 7 amends the Expenditure Restraint Act to impose a freeze on the allowances and salaries to be paid to members of the Senate and the House of Commons for the 2010–2011, 2011–2012 and 2012–2013 fiscal years.
Part 8 amends a number of Acts to reduce or eliminate Governor in Council appointments, including the North American Free Trade Agreement Implementation Act. This Part also amends that Act to establish the Canadian Section of the NAFTA Secretariat within the Department of Foreign Affairs and International Trade. In addition, this Part repeals The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act. Finally, this Part makes consequential and related amendments to other Acts.
Part 9 amends the Pension Benefits Standards Act, 1985. In particular, the Act is amended to
(a) require an employer to fully fund benefits if the whole of a pension plan is terminated;
(b) authorize an employer to use a letter of credit, if certain conditions are met, to satisfy solvency funding obligations in respect of a pension plan that has not been terminated in whole;
(c) permit a pension plan to provide for variable benefits, similar to those paid out of a Life Income Fund, in respect of a defined contribution provision of the pension plan;
(d) establish a distressed pension plan workout scheme, under which the employer and representatives of members and retirees may negotiate changes to the plan’s funding requirements, subject to the approval of the Minister of Finance;
(e) permit the Superintendent of Financial Institutions to replace an actuary if the Superintendent is of the opinion that it is in the best interests of members or retirees;
(f) provide that only the Superintendent may declare a pension plan to be partially terminated;
(g) provide for the immediate vesting of members’ benefits;
(h) require the administrator to make additional information available to members and retirees following the termination of a pension plan; and
(i) repeal spent provisions.
Part 10 provides for the retroactive coming into force in Canada of the Agreement on Social Security between Canada and the Republic of Poland.
Part 11 amends the Export Development Act to grant Export Development Canada the authority to establish offices outside Canada. It also clarifies that Corporation’s authority with respect to asset management and the forgiveness of certain debts and obligations.
Part 12 enacts the Payment Card Networks Act, the purpose of which is to regulate national payment card networks and the commercial practices of payment card network operators. Among other things, that Act confers a number of regulation-making powers. This Part also makes related amendments to the Financial Consumer Agency of Canada Act to expand the mandate of the Agency so that it may supervise payment card network operators to determine whether they are in compliance with the provisions of the Payment Card Networks Act and its regulations and monitor the implementation of voluntary codes of conduct.
Part 13 amends the Financial Consumer Agency of Canada Act to provide the Financial Consumer Agency of Canada with a broader oversight role to allow it to verify compliance with ministerial undertakings and directions. The amendments also increase the Agency’s ability to undertake research, including research on trends and emerging consumer protection issues. Finally, the Part makes consequential amendments to other Acts.
Part 14 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to confer on the Minister of Finance the power to issue directives imposing measures with respect to certain financial transactions. The amendments also confer on the Governor in Council the power to make regulations that limit or prohibit certain financial transactions. This Part also makes a consequential amendment to another Act.
Part 15 amends the Canada Post Corporation Act to modify the exclusive privilege of the Canada Post Corporation so as to permit letter exporters to collect letters in Canada for transmittal and delivery outside Canada.
Part 16 amends the Canada Deposit Insurance Corporation Act to allow the Governor in Council to specify when a bridge institution will assume a federal member institution’s deposit liabilities and allow the Canada Deposit Insurance Corporation to make by-laws with respect to information and capabilities it can require of its member institutions. This Part also amends that Act to establish the rules that apply to the assignment, by the Canada Deposit Insurance Corporation to a bridge institution, of eligible financial contracts to which a federal member institution is a party.
Part 17 amends the Bank Act and other related statutes to provide a framework enabling credit unions to incorporate and continue as banks. The model is based on the framework applicable to other federally regulated financial institutions, adjusted to give effect to cooperative principles and governance.
Part 18 authorizes the taking of a number of measures with respect to the reorganization and divestiture of all or any part of Atomic Energy of Canada Limited’s business.
Part 19 amends the National Energy Board Act in order to give the National Energy Board the power to create a participant funding program to facilitate the participation of the public in hearings that are held under section 24 of that Act. It also amends the Nuclear Safety and Control Act to give the Canadian Nuclear Safety Commission the power to create a participant funding program to facilitate the participation of the public in proceedings under that Act and the power to prescribe fees for that program.
Part 20 amends the Canadian Environmental Assessment Act to streamline certain process requirements for comprehensive studies, to give the Canadian Environmental Assessment Agency authority to conduct most comprehensive studies and to give the Minister of the Environment the power to establish the scope of any project in relation to which an environmental assessment is to be conducted. It also amends that Act to provide, in legislation rather than by regulations, that an environmental assessment is not required for certain federally funded infrastructure projects and repeals sunset clauses in the Regulations Amending the Exclusion List Regulations, 2007.
Part 21 amends the Canada Labour Code with respect to the appointment of appeals officers and the appeal hearing procedures.
Part 22 authorizes payments to be made out of the Consolidated Revenue Fund for various purposes.
Part 23 amends the Telecommunications Act to make a carrier that is not a Canadian-owned and controlled corporation eligible to operate as a telecommunications common carrier if it owns or operates certain transmission facilities.
Part 24 amends the Employment Insurance Act to establish an account in the accounts of Canada to be known as the Employment Insurance Operating Account and to close the Employment Insurance Account and remove it from the accounts of Canada. It also repeals sections 76 and 80 of that Act and makes consequential amendments in relation to the creation of the new Account. This Part also makes technical amendments to clarify provisions of the Budget Implementation Act, 2008 and the Canada Employment Insurance Financing Board Act that deal with the Canada Employment Insurance Financing Board.

[Ian Markham]

I'll just add to that point. We already have a number of actions taking place across the country. The federal government has already taken action through Bill C-9 and some regulations to enhance the funding of pension plans. We're seeing the same happening in various other jurisdictions. And I think it's inevitable that it will happen right across the country, curtailing the ability to take contribution holidays, curtailing the ability to give benefit increases when there's a poorly funded plan, and making actuarial valuations more frequent. So I'd say that things are already happening that are going to help.

[Leigh Ann Bastien, Partner, Mercer (Canada) Limited]

Thank you for the opportunity for Michel and me to speak today.

I'm Leigh Ann Bastien. I'm a pension lawyer. I have expertise in pension legislation across Canada, including the Pension Benefits Standards Act, as amended by Bill C-9.

Michel St-Germain is a pension actuary. He has 36 years of experience providing advice on the funding and design of employer pension plans.

Our statement today, in simple terms, is that defined benefit pension plans are good things. They deliver pensions to many people through most market downturns and through most downturns in an employer's business. But the retirement system is struggling. Governments are trying to strengthen the defined benefit pension plans and to strengthen the retirement system. Bill C-501 would work in the other direction, making plan sponsorship less viable for employers.

Private sector sponsors of defined benefit pension plans will likely change the funding and design of their plans or leave defined benefit plans entirely if the bankruptcy laws change to make the pension deficit a fully secured creditor.

I'll turn it over to Michel, who will provide more details.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Is that assuming the effect of both Bill C-501 and Bill C-9 and what it might imply, or is it strictly based on Bill C-501 and its focus on special payments?

[Douglas Rienzo]

I understand what you're saying and I understand that it could be interpreted to just apply to those payments, so there are two other concerns there. First of all, Parliament is already passing Bill C-9, which deals with other ways to strengthen the pension system, at least on the federal level.

There's a provision the bill which provides that if a company becomes bankrupt, then all the money needed to fund the deficit becomes immediately due and payable. So there's a balloon payment due on bankruptcy. The concern there is that Bill C-501, in combination with Bill C-9, could cause the entire deficit to be due right on bankruptcy, and therefore that super-priority could apply to the whole deficit. So there's a concern there.

The other concern is--

[William Amos]

I think that it is absolutely necessary to amend a whole range of environmental protection legislation at federal level. But I do not think it is realistic to have to wait for all that to happen.

In the review process for the Canadian Environmental Assessment Act, we had to wait from 2000 right up to 2003 before the changes were included in Bill C-9. The process leading to the creation of the Species at Risk Act took from 1995 to 2003. In my opinion, the same thing is happening with the Canadian Environmental Protection Act, 1999.

Canadians see nothing efficient in waiting for each act to be reviewed, nor does that interest them. As Ms. McClenaghan has just mentioned, if it is possible to amend several acts at the same time and to make sure that they are enforced, it will greatly help us, all across Canada.

Alzheimer's Disease

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, he was 80 years old and they had been married for 60 years. He kept his promise to her. He installed a hospital bed in their living room and for seven years he was her sole caregiver, bathing her, feeding her and carrying her upstairs to the washroom.

In another family, she was just 50 years old. Initially she made 20 mistakes playing cards in an evening. Then she showed poor coordination and clumsiness making a cup of tea. The doctor put it down to stress despite the fact that her mother was diagnosed at age 50 with Alzheimer's disease. Peripheral vision problems and general confusion meant that she was no longer allowed to drive. She had overwhelming frustration and fear.

The brain is the most vital organ in the human body. It makes our heart pump and our lungs breathe. It is the physical structure that makes us human and allows us to experience art, love, poetry and science. If the brain does not work properly, every aspect of life may be compromised.

One in three, or 10 million Canadians will be affected by a neurological or psychiatric disease, disorder or injury at some point in their lives. There are no cures for ALS, MS, Alzheimer's and Parkinson's and no effective treatments that consistently slow or stop the course of these devastating neuro-degenerative diseases.

Statistics are neat, tidy and do not show the reality of those living with these diseases, people like my cousin who gradually lost the ability to walk, to work, to interact with her family and friends, people across this country who live with MS and who have the courage to battle their disease every day and to take on a new fight, the fight for the liberation treatment.

These diseases put a significant burden on Canadian families. My 70-year-old aunt is at her daughter's house at 6:30 a.m. to feed her, get her granddaughter off to school, ensure that the daily caregivers come to bathe her daughter, feed her and, at the end of a long day, put her to bed.

I came to Parliament to fight for neurological disease, to fight to end suffering through more research for treatment, more support for caregivers and more awareness. I was therefore pleased to receive all party support to form a neurological subcommittee and delighted that the leader of our party committed to a national brain strategy to help lessen the social and economic impacts on people affected by brain conditions.

Alzheimer's disease is an irreversible and progressive brain disorder that slowly destroys memory and thinking skills. Symptoms usually appear after age 60. Many scientists now believe damage to the brain may begin decades earlier. Thankfully, doctors are now able to start treatments earlier, slowing the loss of brain cells and the progression of debilitating physical and mental impairments.

Some 500,000 Canadians have Alzheimer's disease or a related dementia, 71,000 of those are under the age of 65, with women accounting for 72% of all cases. There are currently at least 2.85 million Canadians providing care for a family member with long-term health problems. According to a Health Canada study, 25% of caregivers have had their employment situation affected by their caregiving responsibilities and about 40% of them face long-term financial pressures as a result.

This is an important motion and I thank the hon. member for bringing it to the House. We need all members pushing for investments in Alzheimer's disease and related dementias, as we have an aging population, an increased risk of dementia and rising human and economic costs.

I will quote from my April 13 speech regarding Bill C-9, an act to implement certain provisions of the budget. It reads:

Where is the help now for our seniors in the budget?

Where is the investment in our aging population? We have a federal government that has hardly uttered the word “health” for the last four years. Yet, worldwide there is concern that the baby boomers are retiring and entering their high demand period for health care. In Canada there will be 7.5 million people over the age of 65 by 2025. Population aging has tremendous implications for Canada, where most elderly people would not be able to meet more than a small fraction of the cost of the health care they incur. The average hospital stay in Canada costs $7,000 and does not take into account emergency or cardiac care.

Today, someone in Canada develops dementia every five minutes. This will change to one new case every two minutes in 30 years. In 30 years the prevalence of dementia in Canada will more than double, with the costs increasing tenfold if no changes are made. This means the total cost associated with this mind-robbing disease could reach $153 billion by 2038, up from the $15 billion a year today.

The Alzheimer Society of Canada suggests four key ways to slow the growth in cases of Alzheimer's and dementia: promote healthier lifestyles including encouraging people over age 65 to increase their physical activity levels; add system navigators to guide families through the complex health care system; invest in support and education for caregivers; and combine risk reduction strategies to delay the onset of dementia by two years, particularly through the discovery of new treatments.

If we could merely slow the onset of dementia by two years for each affected Canadian, we would see a return on investment of 15,000% over a 30 year research effort. One of the biggest challenges we face, therefore, is how to best prevent and postpone disease and to maintain the health, independence and mobility of an aging population.

Every day, hundreds of thousands of Canadians experience the difficult reality of Alzheimer's disease. Those living with the disease want to be seen, want to be heard and should never have to face this disease alone. Those caring for a loved one face overwhelming emotional and physical demands and require real supports. We must see the person, not the illness. No one ever wants to be a patient, but rather a vibrant, contributing member of society.

As one woman said:

It has not ended my life. I am still a very viable human being, as are others with the same diagnosis. Certainly I grieved the onset of this disease, but after talking with the local Alzheimer Society rep, I now attend an early-stage support group and feel good about volunteering for the organization. Once again I am allowed to feel useful.

We must strive to ease the burden of every individual struggling to recall a spouse's name, every person unable to recognize a child's face and every family member or friend who brings them comfort and care. We must seek hope for all families struggling with Alzheimer's disease. We must renew our commitment to research that is improving treatments for this illness and may one day prevent it entirely. We must leave no avenue unexplored.

It is fundamentally important to make sound fiscal decisions. As President Obama said, “The answers to our problems don't lie beyond our reach”.

We absolutely have the opportunity to change the course of Alzheimer's disease now. Today we have a variety of disease-modifying treatments, but shrinking investment in Alzheimer research threatens breakthroughs. Investing in research to end Alzheimer's is one of the most sensible decisions the government can make. It not only saves lives but also saves money by reducing the burden on health care.

Finally, we must commit to a national brain strategy for Canada, working with the provinces and the territories. Our party has committed to this, with a focus on key pillars such as awareness and education, prevention, treatment and support, caregiver support, research and income security.

[Nicole Demers, Bloc, Laval, QC]

Thank you, Madam Chair.

Thank you very much for appearing today. My first question is addressed to you, Ms. Michaud. I would first like to express our gratitude for all the work you do at Statistics Canada.

Why are the data you have presented so old? You presented data going back to 1997. For one thing, it seems to me that the situation, as well as the data relating to women's education have changed considerably. So, I am not sure that these data are accurate, compared to the image we have of women in the labour market. Things may have evolved over the last 13 years. The data we have on educational attainment date back to 1997, which makes them very old.

Ms. Pageau, I would like to know whether you are concerned about possible repercussions if we are not able to pass Bill C-471 fairly quickly. Do you think there will be consequences for public sector employees if, for some reason, the House were to be prorogued or Parliament were to be dissolved before we were able to pass Bill C-471 and if, unfortunately, Bill C-9, which has been passed, were to go into effect in January, as planned?

I would like to hear first from Ms. Michaud, and then, Ms. Pageau.

Opposition Motion—Federal spending power

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, I have heard many members in the House talk about the health file specifically and the federal government's interference in that area. It is obvious that the options put forward by the other parties are, as my colleague, the member for Argenteuil—Papineau—Mirabel said, aimed at centralizing all health-related matters in Parliament, at that level of government.

But it is clear to Quebeckers that, under the Constitution, health is the exclusive domain of the Quebec and provincial governments. And regardless of the party in power, the Quebec government has repeatedly expressed that in its statements and demands, as well as its concrete actions.

And it is precisely that aspect of the problem that I want to address this afternoon. I am the health critic for the Bloc Québécois. Throughout my entire political and parliamentary career in the House, I have had the opportunity to pit my ideas against those of my colleagues in other political parties. I have also had the opportunity to see how those same colleagues in other political parties in Canada view health care and its future.

One need only consider what the Standing Committee on Health has done in recent months. It studied the whole issue of human resources in the health sector and would have the federal government tell the provinces how to manage their human resources in the health sector. It even went so far as to give the Quebec and provincial governments advice on health education. Under the Constitution, however, education is another area within the exclusive jurisdiction of the Quebec and provincial governments. Once again, we get the sense that our colleagues in other political parties in Canada feel the need to say that this Parliament should have a role in health. And there are other examples.

I can understand them. Any intervention in the health sector has a direct impact on the population. As I have often said, intervention gives them an opportunity to toot their own horn and say that they are doing good work that is helping people. But, from the Bloc Québécois's point view, it is clear that the federal government should do that only in areas under its own jurisdiction.

We see this in various statements, bills, tax measures and budget measures. The government's initiatives belie the promise the Prime Minister, who was then the leader of the Conservative Party, made during the 2006 election campaign to limit the federal spending power. We have seen no sign that he wants to make good on that promise. What we have seen is that with his government's various policies, he has carried on the Liberal tradition of intruding into areas outside federal jurisdiction.

The measure I want to use as an example is extremely worthwhile. It was in Bill C-9, the budget implementation bill, which was passed in the House because the Liberals decided to support the Conservative government. They did not have the backbone to get all their members into the House to vote against the budget implementation bill. If this measure had come from a provincial government, it would have been completely fair, because it was directly related to health. But since it comes from the federal government, which has no constitutional jurisdiction over health, we want to know what it is doing in the bill. What the government is doing is interfering.

It is using federal money for initiatives in areas that are outside federal jurisdiction. I will tell hon. members what was in Bill C-9, the budget implementation bill, which was passed. The government allocated $13.5 million to the Rick Hansen Foundation, a not-for-profit organization whose goal is to speed progress toward a cure for spinal cord injuries and improve the quality of life of people with such injuries. This is extremely worthwhile and commendable, and it is what health care is all about. People come to us because they are ill and they need support. It is important that the appropriate government take action and develop strategies and programs to address people's needs. It is not up to the federal government to intrude into these jurisdictions because of its spending power.

There are other examples. Organizations that support patient groups, people with specific illnesses, are all calling on the federal government to establish Canada-wide strategies, national strategies, as the government calls them. In the Bloc Québécois, when we talk about anything national we are talking about Quebec, our nation that we are so proud of. These organizations are calling for standards and guidelines at all levels of government to come up with strategies for the entire country that respect the areas of jurisdiction. As I was saying, health is not a federal government jurisdiction.

There is no shortage of examples to illustrate the intrusions, the encroachments and the constant duplication of the federal government, Liberal and Conservative alike, when it comes to the exclusive jurisdiction of Quebec and the provinces over health care. Sections 92.7 and 92.16 of the Constitution Act, 1867 clearly stipulate that health care and social services fall within the exclusive jurisdiction of Quebec and the provinces. I am referring to the relevant sections just to prove that this is not a party line or my own idea. From as far back as 1919, Ottawa has been intervening increasingly in these sectors, even forcing Quebec and the provinces to comply with so-called national standards and objectives.

I will list a series of events that have occurred since 1919 to show to what extent the federal government has ignored these two sections of the Constitution by interfering in the health care sector. In 1919, the Department of Health was created; in 1957, the federal Hospital Insurance and Diagnostic Services Act was passed; in 1966, the Medical Care Act was passed; in 1984, the Canada Health Act was passed; in 2004, the Public Health Agency of Canada was created; and in 2007, another commission was created by the federal government to take up even more space in this jurisdiction belonging exclusively to Quebec and the provinces under the Constitution. I am talking about the Canadian Mental Health Commission.

In view of all this, it is clear that the Government of Canada, Liberal and Conservative alike, has decided over time to take its place in the health care sector even though it has no business there.

Like my Bloc Quebecois colleagues have said throughout the afternoon, if the government really wants the people that it represents to have access to better services, it should simply give to the provinces the means they need to carry out this responsibility. Instead of spending this money freely, and rarely in concert with the provinces, it should give it to them, through tax point transfers. This would give Quebec and the provinces the means to adequately carry out their responsibility, which is to give priority to the health of our fellow citizens. Of course, these concerns can also be ours, but the actions that result from these concerns and that are taken in this Parliament must absolutely respect the fact that health is a jurisdiction of Quebec and the provinces.

Another aspect of federal interference in health has to do with research and education. By creating research institutes, whose mandate is to provide better health products and services and to strengthen Canada's health system, the government is once again—because of its tendency to always control more—further encroaching upon areas which, under the Constitution, fall outside federal jurisdiction.

The Bloc Quebecois has often said that investments in research are necessary. However, it is important to point out that, through the Canadian Institutes of Health Research, the federal government is giving itself the power to impose its priorities and views on the health sector. This goes way beyond research as such.

I have said repeatedly in the House that the Bloc Quebecois wants the federal government to substantially increase research budgets. We think this money should be transferred to Quebec, so that it can invest it according to its own criteria, and without any condition.

The whole educational component is often connected to research. Education is not a federal jurisdiction. It comes exclusively under the governments of Quebec and the provinces. Therefore, all the money needed to fund our university sector should be distributed by the governments of Quebec and the provinces. That is their responsibility.

As I mentioned, and as my colleagues have said throughout the afternoon, since I am convinced that all hon. members are aware of the importance of this sector, it is crucial that the money be available and that this government adequately carries out this responsibility by transferring tax points to Quebec and the provinces.

Throughout the history of Quebec, governments have taken a stand and demanded that the federal government stop interfering in the health file and stop dictating to Quebec, by its actions, how it should carry out its responsibilities in the area of health.

Governments of all political persuasions, not just sovereignist governments, took this position for Quebec.

Although I have already spoken about this in the House, I would like to do so again. I would like to speak of the different governments that, over the course of Quebec's history, presented specific demands to the federal government in this regard.

Maurice Duplessis' second government—from August 30, 1944 to September 7, 1959—had the following message:

Quebec considers that the following areas are the exclusive jurisdiction of the provinces: natural resources, the establishment, maintenance and administration of hospitals, asylums and charitable institutions, education in all areas including university studies, the regulation of professions, including the entrance requirements to the practice of medicine and relations between patient and physician, social security, health and public hygiene, the construction of bridges and roads.

Earlier, I gave examples pertaining to human resources management in health care, education, the way in which funds are allocated to our universities, and hence the actions, programs and research our universities must carry out. I also spoke of public health. The government of Maurice Duplessis told the federal government that it was none of its business, that it should look after its own affairs, and to give us our money, the money sent to the federal government, the money that it does not want to give back in order for us to meet our needs. That is what the government of Maurice Duplessis said at the time.

I will also quote another government, the Union Nationale government of Daniel Johnson Sr., in power from June 16, 1966 to September 26, 1968. I would like to highlight the demands and the message of that government with respect to health care and protecting this jurisdiction which, under the Constitution, remains the jurisdiction of Quebec.

To ensure the equality of the French Canadian nation, Quebec needs greater powers. It wants to make its own decisions in certain areas: 1) development of its human resources (i.e. every aspect of education, social security and health); 2) economic affirmation (i.e. the power to implement economic and financial mechanisms); 3) cultural expression (arts, letters and the French language); 4) the influence of the Quebec community.

Even back then, there was talk about every aspect of health, and not small exceptions here and there.

It also said “the power to implement economic and financial mechanisms”. We just have to look at what the federal government wants to do with its Canada-wide securities commission. It wants to undermine Quebec's power to take its economy in its own hands and therefore centralize everything in Toronto once again. Does that not prove that what Daniel Johnson Sr. was saying is still current?

He was also advocating for cultural expression, in the arts, literature and the French language, and that is what we have been constantly asking the House to do: to transfer those powers to Quebec and the funds that come with those powers because Quebec is a strong and creative nation and we need to be able to invest all our resources in those areas.

I would also like to talk about Robert Bourassa, if I may.

After the Meech Lake accord, Robert Bourassa said that under the Canadian Constitution, social and health care issues indisputably fell within the exclusive power of the provinces.

Robert Bourassa also told the federal government to mind its own business. The Bloc Québécois is asking the same thing today.

I hope that all the hon. members of the House have understood the message and will vote in favour of this motion.

Sustaining Canada's Economic Recovery Act

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, over and over again I have heard Liberal speakers in the House criticizing the budget implementation process, with Bill C-9 and Bill C-47. With Bill C-9, they complained about the airline tax increases that would raise airline tax fees 50%, bringing them much higher than competing American airlines from which Canadian airlines were trying to draw business. They criticized the provisions of the omnibus budget bill of 880 pages that threw in things like the privatization of the remailers with Canada Post. Then when all was said and done, the Liberals ended up supporting the government, keeping the government in power by making certain that 30 of their members walked out just before the vote.

Are the Liberals going to continue this practice of keeping the government in power, or this time are they going to vote with other members in the opposition and defeat the government on this budget bill? If they are so opposed to the budget, then why do they not vote against it?

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Madam Speaker, Bill C-9 is a very interesting bill in that there are some things in it that the government says it never does. Specifically I am talking about raising taxes.

I will not ask my friend from Winnipeg about raising the export tax on softwood lumber products by 10%. We will not count that as a tax. We have talked many times in the House about the HST and the government contribution to it.

However, let me ask about a tax in the bill about which my colleague knows quite a bit. I am talking about the airline tax that increases, by 50%, the security fees paid for in flights. Could he comment on that?

Canada Post Corporation Act

[Chris Charlton, NDP, Hamilton Mountain, ON]

Madam Speaker, I am pleased to rise in the House today to speak in support of the library book rate, specifically Bill C-509, which amends the Canada Post Corporation Act to protect the reduced postage rate for library materials.

I commend the member for Brandon—Souris for bringing this important bill forward and for his tenacity in pursuing it ever since he was first elected in 2004. I wholeheartedly agree with him that maintaining the book rate is crucially important for a whole host of reasons, some of which I will enumerate shortly. I hope the member will understand that I also have to put this bill into the larger context of this government's record on issues related to Canada Post, learning, and literacy. While that context does not in any way detract from his personal efforts to do the right thing with this bill, it calls into question whether this bill, even if passed, will meet its desired objective.

By way of background, for those who may have just tuned into the debate, I should explain what the book rate is. Since 1939, libraries in Canada have been able to exchange books at a reduced postage rate. That is what is known as the library book rate. It allows all libraries in Canada to access one another's reading materials at relatively low costs, so that smaller libraries, for example, have access to the larger collections that exist primarily in urban centres. That is critically important.

First, the book rate ensures that we do not end up with a two-tiered library service, one for those who can afford to pay for access to information and one for those who cannot. This would jeopardize the access of Canadians to the resources necessary to learn, innovate, and prosper in the information economy of the 21st century. Access to library materials should not depend on the size of one's wallet but, rather, on one's thirst for knowledge.

Second, Canadian students, persons with disabilities, and residents of rural communities would be particularly disadvantaged, since they rely heavily on their local library's ability to share resources with larger centres.

Third, it would severely reduce access to books for people living in rural and remote parts of Canada.

Fourth, it would reduce the level of service libraries provide, possibly forcing the program to operate on a cost-recovery basis, with patrons and learners having to bear the costs. Such user fees would discourage many patrons from making mail-based borrowing requests.

Fifth, smaller libraries would stop providing lending services and, in turn, would only borrow materials.

Sixth, it would deprive the rest of the country of the ability to access the unique information resources often preserved in our local libraries.

Seventh and last, it could easily result in denying access to library materials for people who are homebound.

For all of these reasons, it is imperative that there be some control on increases to the book rate. I applaud the member for Brandon—Souris for using this opportunity to ensure that from now on the library book rate would also apply to the shipping of CDs, CD-ROMs, DVDs, and other audiovisual materials. This is important for keeping pace with the changes in technology that have allowed us to access information in new formats, and in fact these new formats may over time actually reduce the cost to Canada Post since CDs weigh far less than books.

In the end, however, Bill C-509 does not prohibit an increase in the book rate per se. Instead, it simply says that any such increase must receive approval of the Government of Canada. The bill suggests that it is the Governor in Council who must okay an application for a rate increase by Canada Post, and the Governor in Council is the cabinet.

I am sure the member for Brandon—Souris made this proposal in good faith. Indeed, when he spoke to the bill he said that it would ensure that Canadians' voices will be heard on this sensitive issue before any rate changes occur. However, if that is truly his intent, why would his bill not stipulate that requests for increases to the library rate must be approved by Parliament instead of the Governor in Council? It is in the House of Commons that the voices of all Canadians are heard through their elected representatives.

The same is not true of the cabinet. Yet the viability and vitality of Canada's public libraries is, or at least should be, of keen interest to every single MP in the House. It is unfortunate that Bill C-509 excludes a review by all of the elected members who have libraries in their communities, and, as a result, it needlessly circumscribes the scope of the arguments that ought to be brought to bear on any request by Canada Post to raise the library rate.

I know that some members of the House will suggest that I am being alarmist and that the distinction of whether it is the cabinet or the House of Commons that must give its sign-off is one of mere semantics, but I suspect most of those members would be from the Conservative benches. Only in their caucus must members act as they are told by the Prime Minister, without any ability to bring independent thinking to the decision-making process. Indeed, that has been the hallmark of the Prime Minister's administration.

Let us recall what the government's track record is with respect to both literacy and Canada Post.

Let us begin with the latter. Just before the end of the last session of Parliament, the House was dealing with Bill C-9, the government's budget implementation bill. What do we find in that bill? We find an attack on Canada Post's exclusive privilege to handle international letters.

I have twice before had the privilege of speaking on this issue in the House, so I will be brief today.

At the heart of the issue was that international mailers, or remailers as they are commonly known, collect and ship letters to other countries where the mail is processed and remailed at a lower cost. In doing so, they are siphoning off $60 million to $80 million per year in business from Canada Post.

Yet Canada Post needs that revenue to provide affordable postal service to everyone, no matter where they live in our huge country. In fact, one ruling by the Court of Appeal for Ontario stressed the importance of exclusive privilege in serving rural and remote communities and noted that international mailers are not required to bear the high cost of providing services to the more remote regions of Canada.

Canada Post won this legal challenge against the remailers in the Supreme Court. What did our law-and-order government do in response? It stood up for the international mailers, who are currently carrying international letters in violation of the law.

The Conservatives are allowing them to siphon off business from Canada Post, and they sneaked the enabling legislation into the budget bill.

What does that have to do with the library book rate? There is an integral connection. Canada Post would raise the book rate as a way of increasing its revenue stream so that it can continue to meet its mandate. This revenue crunch is now becoming a reality, because the cancellation of Canada Post's exclusive privilege to deliver international letters is taking a $60 million to $80 million bite out of the corporation's coffers.

Why would we trust a government that is hell bent on leading Canada Post down the road to privatization to safeguard affordable rates for access to library materials? It does not make sense.

We know that private corporations are driven solely by profit motives, and subsidies for things like the library book rate detract from that bottom line.

Similarly, the notion of trusting the government to protect access to library materials as an important tool for improving literacy in our country flies in the face of the government's record on the issue.

When the Conservatives came to power in 2006, one of the first things they did was cut $1 billion from critical programs, including literacy and skills training. Yet there was and is a preponderance of evidence to prove that education is critical to achieving a just and prosperous future.

Even the C.D. Howe Institute, which is hardly an NDP think tank, has repeatedly noted that Canada continues to under-invest in education, especially since research shows that the impact of functional literacy on productivity and GDP is three times that of capital investments.

In spite of that evidence, the Conservatives cut their support for literacy training and left to fend for themselves the 42% of Canadian adults who have, by international standards, an inadequate functional literacy level.

In light of that record, it is far too much of a stretch to suggest that the government would act decisively to protect the library book rate on behalf of Canadian families. In fact, the opposite is much more likely to be true.

Therefore, while I have no quarrel with what I believe is a sincere desire on the part of the member for Brandon—Souris to safeguard the library book rate from arbitrary increases imposed by Canada Post, I would ask him to go just one step further. Do not give cabinet the responsibility for final approval. Make the issue come to the floor of the House of Commons and allow the views of all Canadians to be brought to bear on this crucial issue. Only in this way can we be assured that the collections of all libraries are recognized as national assets that must be accessible to all Canadians, so that they can support education and lifelong learning and help to enhance Canada's global competitiveness and productivity.

I know that all members of the House would support that laudable goal.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Mr. Speaker, I thank my hon. colleague for his input and look forward to working with him in the future on this and other issues of importance to Canadians.

The recent passage of Bill C-9, the Jobs and Economic Growth Act, implemented important changes to strengthen federally regulated private pension plans. We will continue to strive to make an already strong foundation of pension services and retirement security even stronger. That said, pension reform must be undertaken with due deliberation. That is why we have taken great care to get input from Canadians from coast to coast and why we have been continuing to work with our provincial and territorial colleagues.

At the end of the day, Canadians can be sure that the government, within its legislative mandate, will make the tough choices and do the right thing to protect the retirement income of Canadians.

[Mike Lake, Conservative, Parliamentary Secretary to the Minister of Industry]

Mr. Speaker, I am pleased to rise to respond to the concerns raised by the member for Hamilton East—Stoney Creek.

The government very much understands the value of secure and sustainable pensions and has taken action on a number of fronts.

On the narrower issue of bankruptcies and restructurings, the government has already taken steps to protect pensioners by amending insolvency laws. For example, in July 2008 we amended the Bankruptcy and Insolvency Act to provide a higher priority for outstanding pension contributions so that those amounts would be paid to pensioners ahead of even secured creditors. In September 2009 we made similar changes to the Companies' Creditors Arrangements Act, dealing with pensions in the case of firms undergoing a restructuring.

However, attempting to deal with unfunded pension liabilities through insolvency legislation can have a significant impact.

Canada's insolvency laws aim to encourage restructuring as evidence shows that this leads to better recovery for creditors and preserves more jobs. We must be careful therefore before changing the priority assigned to various claims in insolvency, as doing so can have a significant impact on a businesses ability to restructure, the availability and cost of credit and on the other creditors of an insolvent company, including small suppliers, independent business partners, landlords and many others.

However, the longer term answer to pension security requires a multi-faceted approach. Prevention and proactive solutions must be the order of the day if we are to ensure adequate retirement security for Canadians.

That is why last October, in the federal domain, the Minister of Finance announced some important reforms. A number of these reforms are now coming to fruition with the government's recent passage of Bill C-9, Jobs and Economic Growth Act, which among other things, implements important changes to strengthen federally regulated private pension plans.

Complementing the act are changes to the relevant sections of the pension benefits standards regulations that the minister proposed in early May. These changes will enhance protection for plan members, reduce funding volatility and modernize the rules for investments by pension funds. They will allow sponsors to better manage their funding obligations and give them greater flexibility in investment allocations.

The member should rest assured that for its part the federal government, after considered deliberation to reconcile the needs and perhaps at times conflicting advice received from stakeholders, will make the necessary choices and do the right thing for Canadians.

Combating Terrorism Act

[Megan Leslie, NDP, Halifax, NS]

Madam Speaker, it is almost a cliché to say that the events of September 11, 2001 changed the world, but Professor Wayne MacKay, a professor at Dalhousie law school, wrote in a article called “Human Rights in the Global Village” that this was only partly true because:

—terrorism has been an international force for many years. However, on September 11, 2001 the reality of terrorism was visited on the heartland of the United States and it became clear to all that even a super power was vulnerable to the forces of terrorism afoot in the world. The world may not really have changed as a result of “9/11”, but the way that the United States, and by association Canada, approach the world did. We have become more cautious and national security has become a value that trumps most other values--including human rights.

Like most people, I have a very vivid recollection of where I was when the planes hit the Twin Towers in New York City. I was starting my first week at Dalhousie law school and was in the student lounge, which was packed with other students. We were all utterly silent.

I am not really one for numbers. I can never remember if it is Bill C-11 or Bill C-392 or Bill C-9 in the 40th Parliament or the 38th Parliament, but I remember Bill C-36, the Anti-terrorism Act that was introduced in 2001. I remember it like I remember 9/11 because even though I was a fresh-faced law student eager to learn about this great big concept called the law, a concept based on human rights, justice and fundamental freedoms, I still knew that Bill C-36 was a departure from that base of justice and human rights.

As first-year law students, a group of us started a student association called SALSA, the Social Activist Law Student Association. SALSA was and continues to be, and it is still at Dalhousie law school, the coming together of like-minded students who are interested in seeking justice, environmental, social and economic justice. We want to see it realized in our communities.

When Bill C-36 was introduced in 2001, we did not know what to do, but we knew we had to do something. Therefore, we organized a panel of human rights and justice criminal law experts to talk about the bill and educate us on what was exactly going on and what the bill was trying to accomplish. Some of us wrote letters to the editor, others wrote op eds and we wrote to our members of Parliament.

There was a growing consensus then that the dangers of Bill C-36 were that it would trump our human rights and civil liberties in the face of national security and allow for government to act in the shadows shrouded in mystery and secrecy. However, the one thing everybody hung their hats on was the fact that there was a sunset clause in the act. That was the first time I had even heard the term “sunset clause”. The idea was that after a period of time, a review of the legislation would automatically be triggered by Parliament.

The current bill, Bill C-17, proposes amendments to the Criminal Code that would reinstate provisions from the Anti-terrorism Act of 2001 that expired under that very sunset clause in 2007. Very specifically, the bill relates to investigative hearings whereby individuals who may have information about a terrorism offence, whether it is in the past or the future, can be compelled to attend a hearing and answer questions. No one attending a hearing can refuse to answer a question on the grounds of self-incrimination, which is quite different than if someone is in a court facing Criminal Code charges.

The other issue is preventive arrest whereby individuals can be arrested without a warrant in order to prevent them from carrying out a terrorist act. It is detention based on what someone might do. The arrested individual has to be brought before a judge within 24 hours, which is fair, or as soon as feasible and the judge determines whether that individual can be released unconditionally or with certain conditions for up to 12 months. Also, if those conditions are refused, the person can be imprisoned for up to 12 months.

International human rights and domestic human rights are increasingly related when we look at the global village of today. What we do in Canada affects the greater and wider world and our actions have worldwide implications. Similarly, actions outside of Canada's borders can and do have an impact here.

As Greg Walton wrote in a piece for the International Centre for Human Rights and Democratic Development:

Canada has an obligation to provide a model; we need to stand straight lest we cast a crooked shadow.

After my graduation from law school, I had the opportunity to work with Professor Wayne MacKay doing research and assisting with his preparation for the lecture that I spoke about, as well as his appearance before the Senate committee actually reviewing the anti-terrorism legislation back in 2005. While I was working with him, one topic of conversation that we kept coming back to was the idea of racial profiling.

Racial profiling has been defined by the Ontario Human Rights Commission, which is a really good definition, as follows:

...any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

Professor MacKay pointed out that before September 11 the issue of racial profiling was really about driving while black. A stark example of this comes from my home province of Nova Scotia with the story of Kirk Johnson, a boxer whose case appeared before the Nova Scotia Human Rights Tribunal. When Mr. Johnson was repeatedly, over years, pulled over by police in his expensive car with Texas licence plates, the tribunal found that actually race was a determining factor in the police's decision to pull him over again and again.

Since September 11, that phrase, driving while black, has actually been recoined as flying while Arab. Profiling is broader than just race now. It takes into account religion, culture and even ideology. Concerns about profiling based on race, culture or religion are real but they are accentuated by threats of terror. There is an alarming tendency to paint an entire group with one brush when in fact it is the act of individuals rather than religious or ethnic groups that are at fault.

We know about the uproar in the United States with the proposed building of a mosque six blocks from the site of the World Trade Centre. We think that kind of thing certainly could not happen here but here at home, on the day after the arrests of 17 terrorist suspects in Ontario, windows were broken at an Islamic mosque in Toronto. It can happen here and it does happen here.

At the Senate committee hearings in 2005 actually reviewing the Anti-terrorism Act, Canadian Muslim and Arab groups argued that if law enforcement agents were going to use profiling in their investigations, profiling needed to be based on behaviour, not ethnicity or religion. However, in a Globe and Mail article, a member of this House on the government side cited a different opinion when he said, “(y)ou don't send the anti-terrorist squad to investigate the Amish or the Lutheran ladies. You go where you think the risk is”.

Within the context of Bill C-17, we need to think about the real danger of imposing a sentence. I know it is not a sentence in the strict criminal terms of what a sentence is, but it is a 12-month sentence in prison based on something someone thinks a person might do. We can layer that with the fact that we know profiling is happening in Canada.

We know the Criminal Code works. We know there are provisions in the Criminal Code for a wide range of charges related to anti-terrorism. It is working. How do we know that? It is because these proposed sections that we are talking about in Bill C-17 have never been used. Therefore, why would we take that risk?

We have anti-terrorism legislation that has proven to be useful. The reason that these two provisions have never been used and were not renewed at the end of the sunset clauses is that they did not meet that balance between national security and human rights and civil liberties. There is a reason they expired with the sunset clause and there is absolutely no reason for us to bring them back to life today.

Opposition Motion—Prorogation

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, the Liberal opposition day motion covers some things that are already being done. A legislative committee is working on the prorogation issue. Still, the main advantage of this motion is that it gives us the opportunity to discuss the December prorogation again. The government realized that that was a serious mistake, and it is trying to make us forget about it. As this session comes to a close, I believe it is not a bad idea to look at the Conservative government's overall behaviour by means of this motion, which I must say is not the most original motion I have ever heard.

That said, though, I do think the motion gives us a chance to take stock of the anti-democratic behaviour of the Conservative government and the Prime Minister. Of course, we will not vote for this motion if the amendment is not passed, because it would be pretty odd to vote to set up a special committee that would have to report next Wednesday. We reserve our decision on this. The motion is an opportunity to take stock of how this government has behaved in the House since 2006.

Things would have been different if last December had been the first time the government had used prorogation, a perfectly legitimate mechanism in the British parliamentary tradition whereby the Governor General is asked to prorogue the session. We would have understood if the government had asked for a prorogation for the first time because it had nearly completed its legislative agenda and the bills it had introduced over the months had been debated, amended, passed, defeated or what have you.

But December was the second time the government and the Prime Minister used prorogation to avoid answering the opposition's questions and facing up to their responsibilities. So we are completely within our right to criticize and challenge the government's actions, because the only purpose of last December's prorogation was to suppress allegations that Afghan detainees transferred by the Canadian Forces to the Afghan authorities were tortured. We all know about it now, so the government's tactic did not work. But the fact that it did not work is not why it was the wrong thing to do.

Earlier the parliamentary secretary talked about what a waste it would be to create a new committee. Was there any bigger waste this year, in 2010, than the month of parliamentary work the Conservatives made us lose? They supposedly tried to make up for lost time by getting rid of break weeks. That was the biggest waste there ever was.

The money spent on the G8 and the G20, the fake lake and the virtual decor is one thing but this is on an entirely different plane. We are talking here about a month of parliamentary work that could have prevented what happened yesterday when the government pulled out of its hat a bill that was introduced in mid-May. The government did not bring the bill back to the House until June 6 or 7 and told us, a few days before the end of the session, that the bill was absolutely necessary for preventing a notorious criminal, Ms. Homolka, from applying for a pardon.

Why did the government not wake up sooner? In part because we lost a month of parliamentary work as a result of this unnecessary prorogation. And then the government tried, as it has many times before, to push through a bill that we are not prepared to accept without amendments. We voted to refer Bill C-23 to committee in order to study it seriously and to amend it. The government wanted to impose its agenda on us.

The Bloc Québécois stood firm. I am pleased to note that the other opposition parties did so as well. The Liberal Party in particular stood firm for once. We forced the government to accept a compromise that everyone could agree on. The bulk of Bill C-23 will be studied in committee and we will take the time to amend it in order to change what we dislike about it.

Our experience yesterday with the drama invented by the Minister of Public Safety and the Conservative government could have been avoided had we used the month of February to examine bills already introduced and if the government had better planned its work.

I will give an example. Why was it urgent to pass Bill C-2 on the Canada-Colombia free trade agreement? Was it really urgent that it pass? The government devoted all kinds of time, effort and resources to try to ram the bill down the throat of the NDP and the Bloc Québécois, even though our trade with Colombia is very limited. Furthermore, the human rights situation and democratic rights in Colombia are cause for a great deal of concern.

We could have used the parliamentary time to examine Bill C-23 earlier. However, the government decided otherwise. It is its right and responsibility, but it did not make responsible choices. This is all the result of the Prime Minister's decision of December 30, 2009 to prorogue the session until early March.

There is another negative aspect. Thirty-six bills died on the order paper, including 19 justice bills. That is an indication of the hypocrisy of the Conservative's rhetoric on justice. Once again, the government told us that it was proroguing to recalibrate its political and legislative agenda. Perhaps it understood that a number of its bills were not acceptable to Quebeckers and many Canadians. It told us it was proroguing in order to come back refreshed in March.

So, what happened? Two days after the start of the session, the government proposed a budget that was completely unacceptable to Quebec. There was nothing in the budget to meet the needs of the regions or the forestry and aerospace sectors. Nor was there anything for the unemployed in Quebec or in Canada. The government spent one and a half months to present the same, unacceptable budget that it presented in spring 2009.

During that month, no work was done. I wonder what the Conservatives were doing. They probably travelled around handing out cheques. In Quebec, that has led to the Conservatives dropping below 16% in the polls. The fact remains that they acted under false pretences.

That was the latest prorogation. With the other one, just a few weeks after the election, a few days after Parliament returned in November 2008, the Minister of Finance presented an economic statement that was nothing more than an ideological statement. No concrete measures were announced to combat the looming financial and economic crisis. Instead, it was an attack on the opposition parties, and on women's rights in particular. This attack was totally unacceptable to the three opposition parties and to a good number, if not the majority, of Canadians. I can assure you that the majority of Quebeckers were opposed to this dogmatic, ideological and provocative approach.

The government sparked a political crisis a few weeks after the October 2008 election. It should have realized that it was a minority government and that Canadians had given it a minority in the House, especially Quebeckers, who sent a majority of Bloc Québécois members to represent them in Ottawa. The Prime Minister should have realized that a minority government has to work with the opposition parties.

That is not what he did. Instead, he sparked a political crisis and the opposition parties reacted by proposing an NDP-Liberal coalition, supported by the Bloc, on certain conditions that we announced and that were respected by the NDP-Liberal coalition at that time.

A confidence vote was scheduled, and instead of submitting to the decision of the House, the Prime Minister chose to pay another visit to the Governor General to request prorogation and avoid being held accountable. His request was granted, but only after two hours of discussions I must point out.

I suspect that her attitude and the fact that she had the nerve to question the Prime Minister cost Michaëlle Jean her job as Governor General. Of course, we do not know exactly what they talked about, but the conversation took long enough to suggest that she did not say yes right away, which is what often happens, and may have asked for an explanation. At any rate, the House was prorogued once again at the Prime Minister's request to avoid a confidence vote.

The very same thing happened during the September 2008 election. The government built up expectations. We have seen some of that during this session too, particularly in the spring when they paralyzed the committees. Mao Zedong gave us the Little Red Book, and then the Prime Minister gave us a blue book about how any good, self-respecting Conservative can sabotage a committee's work. The government created an artificial paralysis in the committees. The Prime Minister and his Conservative members and ministers, with their sorrowful and utterly false statements, have apparently tried to convince Canadians and Quebeckers that opposition parties were to blame for this paralysis because they blocked committee work on legitimate government bills passed in the House.

After this buildup, the Prime Minister simply triggered an election in an attempt to not have to answer the opposition's questions on a number of issues and, in particular, to not have to respond to the allegations of torture in Afghanistan.

There again, this way of doing things seems fine according to British parliamentary tradition, but it is very questionable in terms of democratic legitimacy. Finally, the government is using all sort of tactics to not have to answer for its actions, to try and impose its backwards, conservative agenda on policy, economic, social and cultural fronts. And if that is not suitable, it provokes the opposition and tries, with measures that are, again, fully legal, to short-circuit the work of Parliament.

I think that it is important to use this opportunity provided to us by the Liberals to remind the public of that. At the same time, I must say that the Conservatives' provocative approach, which is extremely negative and undemocratic, has been encouraged by the Liberals' weakness because the government knew in advance that not all of the Liberal members would be in the House to vote against the budget implementation bill, Bill C-9. Again tonight, we will be voting on supply and it will be interesting to count the number of Liberal members in the House.

Benefiting from this weakness, the Conservatives try to impose their agenda on the opposition—on the Liberal Party in particular—and we have seen this throughout the session.

Another example of extremely questionable Conservative behaviour is the issue of the documents concerning allegations of torture in Afghanistan. A motion had to be passed in the House on December 10, ordering the government to produce a series of relevant documents that would reflect the work done by the Afghanistan committee concerning allegations of torture. The House adopted the motion by only a slight majority. A number of weeks after prorogation, we had to raise this issue and demand these documents again. Each time, the government tried to deflect the question by tabling highly censored documents that showed nothing that would lead us to believe that it was responding to the motion passed on December 10 requiring them to produce documents.

The fact that the requests for the production of documents do not die on the order paper following a prorogation, as government bills do, might come as a surprise for the Prime Minister and the Conservatives. Perhaps the Prime Minister had been misinformed and believed that by proroguing Parliament, the order to produce documents concerning allegations of torture in Afghanistan would disappear. That was not the case.

The opposition did not give up, and questions of privilege had to be raised so that the Speaker could intervene in the matter.

The Speaker's historic decision of April 27, 2010, was very clear: the documents must be handed over, while protecting all information related to national security, defence and international relations, and the opposition has always agreed with that. However, we had to pressure the government further to reach an agreement in principle. We also had to constantly brandish the sword of Damocles—contempt of Parliament—so as to obtain the compromises needed from the government in order to finally implement the mechanism. We only hope that it will be implemented quickly.

This shows how we had to push the government to the wall in order to obtain results that, theoretically, should not have posed a problem, since there had been a democratic majority vote in the House. The government should have simply obeyed the order of the House, yet each time we had to use every means at our disposal to force the government to respect the democratic decision made in the House.

We are still in the same situation today. The House is about to rise for the summer break and we will be in exactly the same position when we come back around September 20.

The government has decided not to let political staff appear before committees anymore. The Prime Minister no longer allows his press secretary and director of communications, Dimitri Soudas, to appear before the Standing Committee on Access to Information, Privacy and Ethics. The committee therefore gave Mr. Soudas an ultimatum: he must appear. But he is hiding. There is bound to be a new children's game called Where's Dimitri? after Where's Waldo? The bailiffs tried to serve him with a subpoena, but he followed the Prime Minister to Europe to avoid it.

The Standing Committee on Access to Information, Privacy and Ethics legitimately and legally said that Mr. Soudas had to be aware of the subpoena requiring him to testify before the committee, because the newspapers had written about it. But perhaps Dimitri does not read the papers, which would be an unusual thing for the press secretary and director of communications with the Prime Minister's Office. Dimitri Soudas is well aware he has to testify before the Standing Committee on Access to Information, Privacy and Ethics, and the deadline was yesterday.

Today, the committee is starting to write a report that will be tabled in the House. It may be tabled tomorrow, next week or when Parliament resumes. This report will serve as the basis for a new question of privilege and for making a case for contempt of Parliament.

We are leaving off at the same point as where we were at the beginning of this session. The atmosphere in Parliament is rotten, poisoned by the Conservatives' anti-democratic attitude, which has nearly reached the point of provocation a number of times.

Again, what happened yesterday was quite something. At the beginning of the day, the Minister of Public Safety, accompanied by the ineffable Senator Boisvenu, came to tell us that it was Bill C-23 or nothing. At noon, we were told it was Bill C-23 or nothing. Finally, they had to fold.

Instead of trying to get Bill C-23 passed with all its poison pills, it would have been much simpler for the government to tell the opposition parties that it wanted to prevent Ms. Homolka from being able to apply for a pardon, given that she was released from prison five years ago.

The government could have asked that, in light of the seriousness of the acts she committed, we amend the current pardon legislation—that is not actually the title—to change the period of time before an individual is eligible for a pardon to 10 years from the current five years. We would have been open to discussing that, but again, there was a pseudo political crisis provoked by the Conservatives.

I will close by saying that an anti-democratic attitude is poisoning the atmosphere. The government also has an anti-Quebec attitude that is supported more often than not by all Canadian parliamentarians and sometimes by MPs from Quebec in parties other than the Bloc.

I am thinking about the Canada-wide securities commission and Bill C-12 to reduce Quebec's political weight in the House, the GST and QST harmonization, where the government is not just dragging its feet, it has shut the door. I am thinking about the government's attitude with regard to climate change and culture, which is extremely important to Quebec's identity.

There are also the issues of equalization, employment insurance and the guaranteed income supplement. Not only is this government anti-democratic in the way it does things, but it is not meeting the needs of Quebec and the people.