Bill C-288 (Historical)

National Flag of Canada Act

An Act respecting the National Flag of Canada

The purpose of this enactment is to ensure that all Canadians are encouraged to display the National Flag of Canada.

Message from the Senate

[The Speaker, Conservative, Andrew Scheer]

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill C-26, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons)—Chapter 9, 2012.

Bill C-40, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013—Chapter 10, 2012.

Bill C-41, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013—Chapter 11, 2012.

Bill C-288, An Act respecting the National Flag of Canada—Chapter 12, 2012.

Bill C-278, An Act respecting a day to increase public awareness about epilepsy—Chapter 13, 2012.

Bill C-311, An Act to amend the Importation of Intoxicating Liquors Act (interprovincial importation of wine for personal use)—Chapter 14, 2012.

Bill C-310, An Act to amend the Criminal Code (trafficking in persons)—Chapter 15, 2012.

Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts—Chapter 16, 2012.

Bill C-31, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act—Chapter 17, 2012.

It being 2:15 p.m., the House stands adjourned until Monday, September 17, 2012, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

National Flag of Canada Act

[The Speaker, Conservative, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-288 under private members' business.

The House resumed from March 14 consideration of the motion that Bill C-288, An Act respecting the National Flag of Canada, be read the third time and passed.

[Dave MacKenzie, Conservative, Oxford, ON]

Madam Speaker, I am very pleased to speak in support of Bill C-288, an act respecting the National Flag of Canada, a bill brought forward by my colleague from Don Valley West, someone we have been waiting for a while to be elected to the House. We are happy to have him here.

I was also very pleased to hear my colleague from Bonavista—Gander—Grand Falls—Windsor compliment the member. His comments with respect to how committees have worked in a majority government as opposed to how they sometimes did not work in a minority government speak volumes about the quality of the people on both sides of the House who are willing to make these things happen.

All of us have huge pride as Canadians. As my colleague has already said, beginning in 1965 when it was designated as Canada's national flag, the red and white maple leaf is identified around the world as a symbol of peace, democracy, freedom and prosperity. I do not think there are many of us who have not travelled around the world with a pocketful of flag pins. We are very pleased to hand them out to people we meet. We feel proud when they recognize the pins as Canadian. The way Canadians are respected around the world is a great thing. The pin designating the flag is a huge symbol of Canada's pride around the world.

The Canadian flag is flown from Afghanistan to Brazil, from China to Dubai. Canada's brand is instantly recognized on the backpacks of travellers and on the uniforms of the brave men and women who serve as peacekeepers or members of the armed forces. The flag flies from the tops of buildings and from the rafters of hockey arenas in every community. Canadians wave the flag on Canada Day to the latest hits of musicians, showcasing the amazing talent this country has to offer.

We are debating a bill that proposes to enshrine in law the respect we all share for our greatest national symbol, a symbol of freedom, a symbol of hope. The purpose of this debate is that wherever Canadians live across this great country, they should be able to fly the flag and celebrate what brings us together, from Canada Day to new year's day, from citizenship ceremonies to backyard barbecues.

Canadians already have much to celebrate and over the next few years will be brought together as never before. In 2012, we join the rest of the Commonwealth in wishing Her Majesty the Queen all the best for her diamond jubilee. In June, we will commemorate the 200th anniversary of the beginning of the War of 1812, a war that shaped the country Canada would become. Later in the summer, the flag will take its proud place among the flags of the world in London for the Olympic and Paralympic Games. Sooner than we imagine, Canada will celebrate its 150th anniversary as a nation, when the flag will have been part of our shared history for more than 50 years. For every important event over those 50 years, the flag has been present.

Over the last few weeks I have been struck by the fact that hon. members on both sides of the chamber agree on its importance and the good intentions of the hon. member for Don Valley West. My friend across the aisle mentioned that. It is important that we all have the ability to show our attachment to the flag that symbolizes so much for every Canadian. This bill would ensure that all of us will be able to do so no matter where we live. Practically speaking, this bill would encourage a discussion between homeowners, tenants, boards, management companies and condominium associations regarding the best way for Canadians to display their patriotism and not prevent anyone from expressing their attachment.

In spite of many differences, we are all Canadians and the flag unites us. We are all responsible for ensuring the flag endures for many more anniversaries. Canadians should never feel restricted from respectfully displaying their patriotism. When we celebrate Canada's birthday every July 1, we show our pride by waving the flag. When we sing our national anthem, the flag is there. When we send brave serving men and women into danger, they wear a flag that protects them more than any suit of armour. When Canada receives its newest citizens, it welcomes them with the flag. The flag is proudly flown from the Parliament buildings all day, every day.

As the lawmakers for this great country, we should support this bill to encourage that the flag continues to fly on buildings, in backyards and beyond.

I am proud to speak today in support of this bill and to encourage the flying of flags by all Canadians. I would just like to go back to one little thing. We are going to fly that flag in London, England during the Olympics and I feel confident that flag will fly high as Canadian athletes are recognized for the expertise and excellence they will display. I know that the pride of Canadians will show through. I think this is a fantastic bill.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Madam Speaker, the preceding speaker spoke of his past as a sea scout. From a sea scout to an air cadet, all of us are displaying the pride we exhibit each and every day here as proud Canadians.

I had a speech that illustrated exactly what the flag means to all of us and its history. As a member of the Liberal Party, I feel that I should talk about the flag's history because we played a big role in that, as all parties did at the time. From the 1920s and straight through to the 1960s, several options were put out. There was always a desire to create a flag that was distinctively ours. We did not want it to contain the ensign of the Union Jack. We wanted it to stand alone, to be a unique measure of who we are as Canadians.

I think it necessary to talk about what has happened with Bill C-288 and the provisions contained therein.

When we started debate on the bill, we were incredibly trepidatious about it because of the penalties it contained. Clause 3 under enforcement referred to granting a temporary restraining order and ordering any person to comply with a provision of the act.

As I said during second reading debate, measuring the intent of the hon. member from Ontario, the sponsor of the bill, I could see where he was coming from. I could see why he had such a great passion for this. I remember him telling the story about how this started. There had been a situation at a condominium which he learned of while campaigning throughout his riding.

The enforcement measures caused great concern within our caucus and we voted against the bill at the time. At committee the sponsor of the bill came forward with substantial amendments. He has included the word “encourage”. People would be encouraged to fly the flag. People would be encouraged not to diminish the rights of others to fly the flag.

Clause 3 was taken out of the bill completely. Quite frankly, it was pretty much a carbon copy of what we had wanted to do within committee. There was some worry whether this would go beyond the scope and the principle of the bill. I guess that is not the case as we are going forward with it.

I can honestly say that in my seven plus years of being here, I have not seen that kind of interaction on a bill at committee in a minority government, but here I see it in a majority. Perhaps that is small irony.

When I talked to the sponsor of the bill in committee, I felt that he actually listened. He felt passionate enough about this that he did not want it tarnished in any way, shape or form. He wanted to keep the ultimate principle of the bill, which is for us to fly our beautiful flag freely and with a great deal of pride.

I would like to congratulate the member. I am recommending to our Liberal caucus that we support the bill. I say that with all sincerity, not just because it is about the bill but because of the sincerity the member showed to be able to change it.

In the world of politics we play here we get into situations where we make one small decision and we stick to it. We bear down with that decision and we listen to nobody else. To the exclusion of all others we will stick to our opinion even though somebody else may have a contrary opinion that might make sense.

Before I get into the bill and before I talk about the flag, I want to talk about the member who sponsored the bill and who I felt listened. My hon. colleague from the NDP said it should have been a motion, and to a great degree I agree, but it is not. We have been presented with a bill that was put forward with the best of intentions. As flawed as it may have been, the member actually listened and he agreed. We got through this in committee, or at least from our perspective we got through it.

When I asked him questions at committee, he was forthright and very humble. He brought forward amendments which I thought was a brave thing to do. That is not bad for a brand new member. I congratulate him on that.

Let us go back to the flag's history. On Parliament Hill there was a huge ceremony on February 15, 1965, with Governor General Georges Vanier and Prime Minister Lester B. Pearson. The Canadian Red Ensign, bearing the Union Jack and the Shield of the Royal Arms of Canada, was lowered and at the stroke of noon our new Maple Leaf flag was raised.

The following words were spoken on that momentous day by the Hon. Maurice Bourget, Speaker of the Senate:

The flag is the symbol of the nation's unity, for it, beyond any doubt, represents all of the citizens of Canada without distinction of race, language, belief or opinion.

We illustrated that in committee, an exchange of opinion which I believe was to the benefit of all Canadians from coast to coast to coast.

The search for a new Canadian flag actually started back in the 1920s, I believe it was in 1921, when it was designated that our official colours were red and white by King George V. In 1946, a select parliamentary committee was appointed with a similar mandate, but things got bogged down in arguments and the machinations of politics. In 1964 when Prime Minister Pearson informed the House of Commons that the government wished to adopt a distinctive national flag. It wanted to do it in advance of 1967, the celebration of 100 years. Go figure. Perhaps history is repeating itself, because now we have discussed the hon. member's bill in the lead-up to the 150-year celebration to take place in 2017, which we are also studying at committee.

In 1964, after eliminating various proposals, the committee was left with three possible designs: a Red Ensign with the fleur-de-lys; the Union Jack, and a design incorporating three maple leafs; and of course the stylized red Maple Leaf on a white square.

I want to talk about that for just a moment. I met the gentlemen of whom I speak. Their names are John Matheson and Dr. George Stanley. I met Dr. Stanley many years ago at Mount Allison University. He is well known in the story of the evolution of the new Canadian flag. Mr. Matheson was a member of Parliament, perhaps one of the strongest supporters of a new flag, and Dr. Stanley was dean of the arts at the Royal Military College.

Dr. Stanley's design was based on a strong sense of Canadian history, which he spoke about many years ago at Mount Allison. The combination of red and white first appeared in the general service medal issued by Queen Victoria. As I mentioned, red and white were subsequently proclaimed Canada's national colours by King George V in 1921.

The committee eventually decided to recommend the single leaf design, which was approved by resolution of the House of Commons on December 15, 1964, followed by the Senate on December 17, 1964 and proclaimed by Her Majesty Queen Elizabeth II, Queen of Canada, to take effect February 15, 1965.

I had to mention Dr. Stanley because I was quite inspired by the gentleman when I met him. He is from the area of New Brunswick where I went to university. I remember thinking to myself that I had met the man who designed the flag, and how about that.

I also talked about the pride of the flag, as many of the members in the House have done, from glorious moments such as the Olympics to moments of extreme lows which we have experienced throughout many wars, such as, World War I and World War II. We had our ensigns, and of course we raise our flag proudly around the world, whether it be for the London Olympics coming up or whether it be in places like Afghanistan and other areas of great strife where we are involved. We do it for all the right reasons.

I will leave it at that. I do want to congratulate my colleague on the exchange that took place, the debates that we had and the understanding that he brought not only to this House, but to committee. I will personally recommend that we support his initiative.

[John Carmichael, Conservative, Don Valley West, ON]

moved that the bill be read a third time and passed.

Madam Speaker, I am honoured to take the floor today to speak to my Bill C-288, An Act respecting the National Flag of Canada.

I would first like to say that the bill reflects my interest in an issue that is dear to all of us, that goes beyond merely displaying our flag. This is an issue that appeals to our sense of pride and especially how we choose to express it.

The bill affirms the right of every Canada to display their patriotism wherever and whenever they wish. From Vancouver Island in the west to Newfoundland in the east, from Nunavut, the Northwest Territories and the Yukon in the north, to other Canadian provinces in the south, Canadians must feel free to display their national flag. This is a symbolic gesture that we must encourage, a patriotic act that helps shape our identity and create a sense of belonging to our country. It is often the symbolic gestures and strong images that remain in people's collective memories.

Since its tabling on September 27, 2011, Bill C-288 has been the subject of numerous comments by members of Parliament in the House. These comments are proof that this issue strikes a sensitive chord, which goes to the heart of our identity. Indeed, the flag is a symbol of our identity, of who we are. It reminds us of what it means to be Canadian.

Whether at home or abroad, the Canadian flag represents us and embodies our values. Whether sewn onto a backpack, carried by one of our athletes, painted on the cheek of a child or saluted by a veteran, it is viewed around the world as a symbol of freedom and democracy. The flag expresses the pride that we feel and everything that we believe in and cherish as Canadians.

We have heard the comments made by the members of Parliament in the House. Some expressed their concerns about the restrictive nature of the bill. We have heard these comments and these responses and the members of the Standing Committee on Canadian Heritage took them into consideration during their study of the bill. It was agreed to make amendments to the bill in order to reflect the feedback received. These amendments will perhaps help alleviate these concerns and, I hope, win the support of the majority.

The proposed amendments are aimed primarily at encouraging Canadians to display the flag wherever they want and as often as they wish. For example, one of the amendments encourages the managers of multiple unit residential buildings to allow the maple leaf flag to be displayed. Whether renters or property owners, Canadian citizens will therefore be encouraged to show their patriotism and express their pride, wherever and whenever they consider it fitting to do so.

The simple act of flying the flag helps reinforce our attachment to Canada. It is a unifying act that helps bring together Canadians of all ages and from all walks of life. It also connects us to our history, which is a fundamental element of our common identity that must be able to unite us in its inclusive reality.

On February 15, we marked the 47th anniversary of the maple leaf flag. This day was an opportunity to pay homage to this important symbol of our country. The history of the maple leaf dates back to 1965, when it was raised for the first time at exactly 12 noon on Parliament Hill, right after the Canadian red ensign had been lowered. At every Canadian diplomatic mission in the world, from the lush tropics to Canadian missions in frigid climates, a similar ceremony took place simultaneously to mark the event. It was also raised at the same time in communities across the country.

Few Canadians expected the new flag to achieve immediate renown, yet it was the only flag in history to consist of a single maple leaf and it came to be recognized instantly by its simplicity wherever it was flown. As our most precious national symbol, our flag continues to instill pride in our history and to inspire us with confidence in the future.

In the last few years, we have had multiple opportunities to feel a great sense of pride as Canadian throughout the land. Indeed, who can forget the joyous and festive mood that reigned across the country when the Royal Highnesses, the Duke and Duchess of Cambridge, honoured us with their visit in the summer of 2011. The maple leaf flew proudly in every city, town and village they visited as a salute to our vast country.

At the Vancouver Winter Olympics in 2010, we felt a tremendous sense of pride in watching our athletes parade by. From one end of the country to the other, many Canadians proudly displayed the flag in honour of our sports heroes and we all took pride in seeing the flag raised 26 times to celebrate our medallists.

The red and white maple leaf will fly again at the upcoming London Olympic Games to be held in a few months from now. How many of us will once again be proud to see our athletes carry the national flag? How many of us, as a sign of solidarity and encouragement, will be moved to display the flag in front of our house, or business or on the balcony of our apartment? How many of us will truly feel free to do so?

The desire of Canadians to express their attachment to their country is something that we should not only applaud but encourage. This is precisely what the bill respecting the national flag hopes to achieve. It encourages and supports the expression of our pride. It allows every Canadian to display his or her patriotism in red and white. It brings us closer together.

Across this great land, our government is preparing major celebrations to give Canadians an opportunity to commemorate events that have forged the Canada of today. I am thinking in particular of the preparations to mark the War of 1812, the Queen's Jubilee and the 150th anniversary of Confederation. Our government recently unveiled it program of events to mark these two anniversaries, which culminate in a major celebration of the 150th anniversary of Canada.

I would like to say a few additional words about these celebrations.

First, the 200th anniversary of the War of 1812 highlights an important event in our history. This conflict helped define what we are today: an independent country with its own parliamentary system. Part of being an independent country is to adopt symbols and ceremonies particular to a new nation.

This year is also the year of the Diamond Jubilee of Her Majesty Queen Elizabeth II. The 60th anniversary of the accession of Her Majesty to the throne reminds us of the central role that the Crown plays, and has played, in the evolution of our nation. Her Majesty has a special relationship to Canada and she embodies the values of the nation. When we fly our flag, we showcase these values, regardless of whether we speak them aloud or describe them in detail. The flag speaks for us.

I would like to draw attention to a very particular time of year in Canada: the end of June and the beginning of July. For school children, this is exciting because summer vacation begins. For parents, this time of year means summer camps and family vacations. For all Canadians, this time of year means warmer weather and sunshine. However, there is also a very real sense of anticipation because it is a distinctly Canadian time of year as we approach Canada Day.

Every year Canadians and visitors are invited to take part in an 11-day lead up celebration called “Celebrate Canada”, which takes place from June 21 to July 1. This is a unique national undertaking that gives everyone across the country an opportunity to organize events together. Families and friends, social and cultural groups, communities, towns and cities, at every level come together to discover and appreciate the wealth and diversity of Canadian society. At these events, it is the flag that waves proudly.

In the week and a half before Canada Day, citizens from every part of this nation focus on celebrating the best of what it means to be in community. The flag is omnipresent at the end of June and beginning of July because of Canada Day, because of street parties and barbecues that engage Canadians of every age. Whether each citizen realizes it or not, the increase in the use of the flag at this time of year creates an attachment not only to the flag itself, but to the communities in which we all live and thrive. Canadians show their love of Canada and pride in being Canadian throughout the year, but in the ramp-up to Canada Day, as the flag is displayed at celebrations, we all respond with excitement and anticipation.

These events provide numerous opportunities to celebrate our history and display our patriotism. The events that we are talking about are widespread and diverse. The flag is not simply flown from municipal buildings or at official events, but at all manner of gatherings organized by ordinary and proud Canadian citizens. From neighbourhood block parties to sporting events, garden parties to Canada Day rallies, bonfire parties and community beautification projects, celebrating Canada is taken seriously and this is intimately related to our national display of the flag. Such celebrations help awaken the pride of all Canadians.

This bill encourages Canadians to mark the unique nature of these celebrations by flying the maple leaf in every community. It also invites all Canadians to take advantage of these festivities to learn more about the history of our flag and what it represents. Canadians all develop a sense of excitement at the end of June that probably goes largely undiscussed because it has become so normal, so expected, so Canadian to look forward to the excitement and parties that we enjoy as a nation.

In taking the time to celebrate, we realize how privileged we are to live in a country as wonderful as Canada. Many Canadians demonstrate their pride and joy by raising the national flag. This bill encourages them to do just that.

I rose today to talk of the flag, to talk of what it means to be Canadian, of the momentous occasions in our history that have given us a shared sense of community, despite geographical and historical differences. I hope all members of the House have found themselves reminiscing about a celebration they have attended over the years, of meeting with neighbours and friends or watching fireworks with thousands of others on Canada Day. I hope my hon. colleagues have heard stories from their constituents about how much they value the flag and how much they desire to feel free to fly the flag wherever they live.

I am confident that the flag will continue to unite us, to move us, to be the symbol that we reach for in moments of sadness and great joy. I am proud to support this bill and count myself among those Canadians who will fly a flag again this year.

The House proceeded to the consideration of Bill C-288, An Act respecting the National Flag of Canada, as reported (with amendments) from the committee.

Canadian Heritage

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, I have the honour to present in both official languages, the second report of the Standing Committee on Canadian Heritage in relation to Bill C-288, An Act respecting the National Flag of Canada. The committee has studied the bill and has decided to report the bill back to the House with amendments.

[Paul Calandra, Conservative, Oak Ridges—Markham, ON]

Everybody has a copy of the proposed amendment that Bill C-288, in the preamble, be amended by replacing lines 12 and 13 on page 1 with the following:

interest to encourage the displaying of the National Flag;

It strikes me that if we have voted on clause 2 and eliminated clause 3, we have to change the preamble to reflect that. That's what this amendment does.

[Terence Young, Conservative, Oakville, ON]

Excuse me; on a point of order, you're referring to what's written under “Bill C-288” at the top.

[Tyrone Benskin, NDP, Jeanne-Le Ber, QC]

Quite simply, it's an amendment to strike the enforcement portion of the bill, which is the most contentious portion. The bill itself was meant to be an encouragement of Canadians, even in its original form, but one can not encourage people by threatening to throw them into prison. In my response to Mr. Carmichael's very eloquent speech, I said that patriotism cannot be legislated, but that is what this section of the bill, in my opinion and in our opinion, seeks to do.

For that reason, I'm looking to amend Bill C-288 by striking clause 3 in its entirety.

[John Carmichael, Conservative, Don Valley West, ON]

Thank you, Mr. Chair.

Good morning, members of the heritage committee and colleagues.

I'm delighted to be here with you today and for the opportunity to address my private member's bill, Bill C-288, an act respecting the national flag of Canada, and to move it forward this morning.

I'm delighted to present this bill on behalf of Canadians across this country who want to fly the Canadian flag proudly at their homes and residences. This bill was initiated and introduced because Canadians from all across this land are being restricted from flying the Canadian flag, not only residents in my riding of Don Valley West but Canadians from all across this great land.

There are countless Canadians who have faced the risk of eviction, hefty fines, and other punitive actions, not to mention large legal bills, associated with their deep desire to show their patriotism and their pride in our flag.

These are the stories of valiant veterans, such as Guy Vachon and Fred Norman of Ottawa, who served for more than two decades of their lives in our armed forces. Fred Norman travelled halfway around the world to fight in the Korean conflict. At that time, the Internet was a distant possibility. There were no Googles or Wikipedias to inform them of the land or the challenges they would face. These men went blindly to their destination in the name of democracy to proudly serve our country. They endured the harsh and unimaginable conditions of war. They carry the heavy burden of having left many of their fellow soldiers on faraway battlefields.

Today these men have fought a different battle in their quest to fly the Canadian flag. They have had to put up an extensive fight for the right to fly the flag they love, something to which these veterans should never have been exposed. Surely enabling these men and women to exercise the right to fly our maple leaf on Canadian soil is the least we can do as a token of gratitude by this country.

The House is already familiar with other stories that I've spoken to earlier, such as that of Brian and Linda-Lee Cassidy of southern Ontario. This couple has proudly flown the Canadian flag for nearly 40 years, in four different homes, and recently had their homeowners' association demand that they remove their flag for fear of repercussions. Because of their non-compliance and their pride in flying the Canadian flag, their standing in the association has been downgraded. They have been left in bad standing.

You may also recall the story of Rose Wittemann, from Mississauga, who sought to fly the flag in honour of her brother, who was fighting in the war in Afghanistan, or that of Kirk Taylor, from Calgary, who simply wished to hang his flag outside in honour of all that the Canadian flag has represented to him and his family.

As you can see, these stories are from coast to coast to coast in our great country, and they reflect a common theme: a deep desire to fly our Canadian flag and a deep pride in doing so.

There are also the stories of new Canadians who wish to proudly fly the Canadian flag as a symbol of the adversity they have overcome to achieve citizenship in Canada.

All of these individuals should have the right to fly the flag at their homes. This bill serves to ensure that all Canadians, with their unique stories and motives for proudly flying the Canadian flag, are honoured. This bill ensures that they have the right to fly our flag without fear of eviction, financial penalty, bullying, or intimidation.

There has been much debate on this bill. Strictly focusing on the relevance of this bill, there are several issues I know we will discuss this morning that will lead to corrective amendments to ensure that this bill is acceptable to all parties.

Amendments to this bill will be made in an effort to ensure that citizens who wish to exercise their right to fly the flag will be able to do so. Further, this will ensure that strata boards, building councils, homeowners' associations, condominium boards, and others will all understand that restrictive protocols simply are not acceptable.

This bill was not initiated to be partisan or divisive. Throughout the debates in the House of Commons, while there was a good deal of straying from the focus at hand, there was a common theme that underlined all discussions, that being that all members, I believe, demonstrated and felt pride in our Canadian flag.

Further, we echo one another's sentiments in the deeply symbolic message that the flag represents, with ideals such as democracy, equality, and freedom.

I know that all here today are proud Canadians and that Bill C-288 serves to ensure that all citizens join us in their desire to have the right to fly the flag.

I thank you for your time today and I appreciate the opportunity to join you this morning.

Thank you, Mr. Chair.

[The Vice-Chair, NDP, Pierre Nantel]

Good morning, everyone.

We are presently distributing the amendments. I believe that they are all available in English and in French. This will be a full session, I think. So we are going to start as quickly as we can.

In terms of the agenda, pursuant to the order of reference of Wednesday, February 1, 2012, today we will be talking about Bill C-288, An Act respecting the National Flag of Canada. We have with us Mr. John Carmichael, MP for Don Valley West. My thanks to him for joining us today. We are going to listen to his presentation on the bill for 10 minutes or so, after which we will be able to ask questions.

Mr. Carmichael, the floor is yours.

National Flag of Canada

[The Speaker, Conservative, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-288.

The House resumed from January 30 consideration of the motion that Bill C-288, An Act respecting the National Flag of Canada, be read the second time and referred to a committee.

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, first and foremost, I would like to wish you and all of my colleagues a warm welcome back to the House. I hope everyone enjoyed some festive cheer with their family, friends and constituents over the course of the break. I am delighted to have the opportunity to return to the House this morning.

It is also a pleasure to start this new year speaking to private member's Bill C-288, An Act respecting the National Flag of Canada, on behalf of the people of Don Valley West, and for that matter, all of Canada.

I wish to take members back in our shared history. On February 15, 1965, our Canadian flag was raised for the very first time. The Hon. Maurice Bourget beautifully articulated the meaning of the flag and what it represents. He stated:

The flag is the symbol of the nation's unity, for it, beyond any doubt, represents all the citizens of Canada without distinction of race, language, belief or opinion.

These words ring as true today as they did 46 years ago. The flag represents our country's incredible unity from coast to coast to coast, where within these borders people from every corner of the world have the opportunity to etch their place within Canada. Canadians, from recent immigrants to those whose generations past first settled this land, are united in the essence of what it means to have this citizenship, to take pride in our breathtaking landscapes, to participate in democracy, to practise the faith that speaks to them, and to know that each and every one of us can call ourselves Canadian regardless of what language we speak.

The Canadian flag is a deeply symbolic icon. Its beauty in simplicity has made it an internationally recognized symbol. Citizens, from our Olympians presenting excellence on the world stage to undergraduates who stay in hostels while backpacking their way through faraway lands all proudly display our flag. It symbolizes the very values for which our valiant armed forces risked their lives. These men and women in action have seen first-hand countries where citizens live in fear and dictatorship. For these veterans the flag represents the Canada and our values for which they fought. It is shameful that those who risk their lives in the call of duty are being barred from displaying the flag today.

I thank the member for Cumberland—Colchester—Musquodoboit Valley and all members in the House who have spoken in support of this very important bill. Bill C-288 acts to ensure that all citizens across all of Canada have the same rights to fly the flag any day of the year. I am proud of our country. I am proud of our flag and all that it represents to our great nation.

[Kennedy Stewart, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am here today to speak to Bill C-288, An Act respecting the National Flag of Canada.

I read this bill with interest over the weekend and noticed there are really three key clauses in it. The first is, of course, to prohibit or stop people from preventing other folks from displaying the national flag of Canada; the second is to allow the courts to grant injunctions against violators or potential violators of the first clause; and the third, if this injunction is ignored, allows prison sentences of up to two years for violators.

I am lucky that my wife, Jeanette Ashe, is also a political scientist. She puts up with these kinds of discussions over the weekends about these important private members' issues that come forward. We thought, as we were walking by the Peace Tower last night, looking at the Canadian flag billowing over this magnificent Parliament, that the bill was extraordinary for a number of reasons and worth discussing at length. I am glad we have the time today to do so.

First, I would like to state that I am very proud of the Canadian flag. I have worn it on my backpack while hostelling through Europe. As I stayed at various hostels, people would stop me, at least they did in the 1990s, and say how happy they were to meet a Canadian, as identified by my flag. They would say that Canada was a symbol of all that was good in the world. We have very strong national health care. We welcome immigrants. We are a peacekeeping nation. We try to promote peace internationally. I think that is why I was proud to wear the flag then. I am happy that people are proud to fly it on their own houses and to wear it on their backpacks around the world.

However, as much as I do support the flag and flag-flying, I really cannot support the bill in its current form. There are number of reasons for this. The first is the cost of this bill. I think as a responsible opposition, one of the first things we have to do is to speak about costs and think about being in a deficit position. Unfortunately, the Conservatives have brought us into a deficit position. We have to think about every penny and think about spending our pennies wisely.

To throw somebody in prison for two years would cost about $200,000. It costs about $100,000 a year to put somebody in prison. That does not even include all of the prosecution fees, all the police fees, and the various other fees that are entailed. There are about 12.5 million households in Canada. At a cost of about a dollar a flag, we could actually provide a flag to every Canadian household for the cost of about 65 prosecutions. I thought, is it worth it?

I read the member for Don Valley West's speech in Hansard. Actually, my wife and I perused Hansard as I was getting ready for this speech. He brought this bill forward based on a few bits of anecdotal evidence from his constituents; for example, a renter of an apartment flew a flag and the landlord forced him to take it down. What would be the implications of this act, this extraordinary act? At the furthest extent, that landlord would be put into jail for two years. Is that really the right way to handle this type of dispute, to allow the Attorney General of Canada, through the superior courts, to press charges against a landlord and then take that person out of the economy and put him or her into jail for two years at a cost of at least $200,000? Perhaps this is not the best way to go forward. Perhaps this is a wasteful use of taxpayer money.

There has been some talk in this House about allowing this bill to get to committee to allow more discussion of these clauses. However, the bill itself is very short and there do not seem to be any clauses to discuss, other than this one to throw people in jail for two years if they somehow interfere with the flying of a flag, or may do so in the future.

There are, in public policy, really two main instruments. They are referred to as carrots and sticks. There is the stick, where people are punished and beaten into submission to elicit a certain type of behaviour, and there are carrots, where people are rewarded for undertaking particular actions. The government seems particularly prone to using the stick. I would propose that a two-year prison sentence for interfering with, removing or intending to remove someone's flag some day is a very big stick. Putting people in jail for two years does not seem to make much sense.

On the cost side of things, if we are going to spend this enormous amount of money on this type of action, it would be much better to supply flags to every household rather than throwing a very small number of people in jail. It would cost millions of dollars. Again, I point out to the member that perhaps this is one reason he should reconsider this bill.

The second reason the bill should not go forward and why I cannot support it is the thought of who pays. There would be these prosecutions ongoing, during which time the attorney general would perhaps not be pursuing other prosecutions while going after these violent flag offenders. Because it is a sentence of less than two years, it would be served in provincial prisons. This bill seems to continue the theme of the current government of not only using a stick as a policy tool but also not absorbing the costs of using that stick.

This bill could perhaps have been added to Bill C-10, which we all know is the omnibus crime bill that rolled nine pieces of legislation into one larger piece of legislation. Perhaps the most famous clause in Bill C-10 is the one that requires six months for six plants, that is, if someone is caught with six marijuana plants in his or her window box, plants the size of a person's little finger, the mandatory minimum sentence is six months in jail. Of course, the federal government can pass these big stick laws without any fear that it is going to drive up the federal deficit because all of these costs are offloaded to the provinces. The Quebec government was the first one to come out and say that Bill C-10 would cost the province perhaps upwards of $1 billion. Now other provinces have come out and said this is offloading by the federal government.

Bills like Bill C-10 are going to cost provinces billions of dollars. It is irresponsible for the Conservative government to go ahead with bills like this without any discussion with the provinces and for it to say it is going to impose punitive laws, things that most Canadians would not agree with, and that it is not going to pay for them but make provincial taxpayers do so. Bill C-288 is in the same nature as Bill C-10.

Another forthcoming bill that would also offload costs to provinces concerns health care. The federal government, without really having any discussions with the provinces, is looking to offload health care costs to the provinces. This is a dangerous trend.

The last point I would make is there is very little empirical evidence the bill is needed. Perhaps the member senses there might be an escalation in people tearing down flags because they will be upset with government policy. For me, the only reason people would remove a flag is they are upset with the government. Perhaps the purchase of F-35s, perhaps the government becoming an international scourge in regard to climate change, and perhaps our moving from being a peacekeeping nation to an aggressor nation are reasons that people might be angry with the government. I think maybe this is a Freudian slip type of bill, where the member is perhaps anticipating with great nervousness what damage his government is going to do this country and is trying to get ahead of that problem by introducing such a bill.

I cannot support this bill going forward.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, I would like to welcome members back to Parliament after a break. It has been six weeks since we have been here.

The member for Don Valley West, who put forward this private member's bill, has been waiting a long time for it to be heard in this Parliament so we can send it to committee where it can be reviewed, maybe amended, returned to the House and passed. It is a proud day in Parliament when I can stand and speak in favour of Canada's flag.

I would first like to talk a bit about private members' business after listening to the diatribe by the member opposite about what we should be talking about and when we should be talking about it. There is never a bad time to talk about how great this nation is and the symbols that represent this nation. We live in a great nation. The member across the way may not agree but it is never a bad time to talk about what a great nation we have and the symbols, like the Canadian flag, that make us a great nation.

The member for Don Valley West has put forward a tremendous bill that may need some small revisions and some changes when it gets to committee. I will promote today why we should send this good bill to committee and why we ask all members across the way to pass it.

The member, his constituents and many Canadians have been waiting for us to pass legislation that would ensure that we protect the valuable symbols of this country, symbols like the Canadian flag, symbols that represent the unity of this nation from coast to coast to coast. Unlike my friend across the way, I stand in support of the member for Don Valley West and I stand in support of Bill C-288. This is the proper time to talk about a flag that represents this great nation.

I rise today to provide additional comments in addressing Bill C-288, an act that encourages the flying of our national flag in every part of our beautiful country.

Last month we had the opportunity to hear comments from many members of Parliament on this legislation that was introduced on September 27, 2011. This opportunity is again being offered to us today and I am pleased to be able to express my support for a bill that encourages all Canadians to fly the national flag, not only where they live but everywhere across the country. Canadians are proud of their flag and they should be able to display it not only on special days, like Canada Day or Flag Day, but each and every day of the year.

I support my colleague from Don Valley West who introduced the bill. I would like to ask all members of Parliament to vote in favour of it.

We agree with some of the proposals that would result in amendments to the bill. We want to encourage condominium corporations, homeowner associations, landlords or others who may have control over shared property to make a provision to allow for the display of the national flag of Canada on their property.

We agree with many modifications that will simply encourage Canadians to proudly display the national flag. The prohibition as it was first included in the bill could also be reviewed. The intent of the bill is still valid and we should let the committee study the bill further to make any necessary amendments.

I would remind everyone sitting in the House today that our flag belongs to all Canadians. It is am emblem we all share.

We will remember that it was in 1964 that a Senate and House of Commons committee was formed to respond to the government's wish to adopt a distinctive national Canadian flag. The colours of our national flag are based on a strong sense of Canadian history, the combination of red, white and then red first appeared on the General Service Medal issued by Queen Victoria. Red and white were subsequently proclaimed as Canada's national colours by King George V in 1921. The single red maple leaf on a white field is similar to the device worn by all Canadian Olympic athletes since 1904.

The committee eventually decided to recommend the single leaf design, which was approved by a resolution of the House of Commons on December 15, 1964. This was followed by the Senate on December 17, 1964, and proclaimed by Her Majesty Queen Elizabeth II, Queen of Canada. This was to take effect on February 15, 1965. On that day, a new Canadian flag was raised for the first time on Parliament Hill and at embassies and consulates across the world.

Everyone will remember the following words that were spoken on that momentous day by the Speaker of the Senate, adding further symbolic meaning to our flag:

The flag is the symbol of the nation's unity, for it, beyond any doubt, represents all the citizens of Canada without distinction of race, language, belief or opinion.

The Canadian flag represents the principles of freedom, democracy, courage and justice upon which our great nation is based.

On the day that the maple leaf flag was first raised over Parliament Hill, the prime minister of the day addressed the audience and stated:

--this day, the 15th day of February, 1965, will always be remembered as a milestone in Canada's national progress.

For almost half a century our flag has watched over us as we have grown, matured and prospered. It welcomed the world to our 100th birthday and Expo '67. It followed Terry Fox on his Marathon of Hope. It beckoned our friends the world over to join us in Expo '86 and the Calgary Olympics, and it proudly presided over our 125th birthday in 1992.

It flew with graceful optimism as we embarked on a new millennium. Day after day it still reminds us of a tolerant, peaceful and blessed people who represent this country.

We witnessed Clara Hughes, Canada's Olympic flag bearer, carrying our national flag at the opening of the 2010 Olympic Winter Games, accompanied by the top athletes in our country and, in fact, many of the top athletes in the world.

Team Canada: I am sure this proud moment in our country's history is something that we will always remember, as will Canadians from coast to coast to coast. It is red and white in honour of Canada's official colours. It displays a single red maple leaf that is a national symbol, a traditional emblem of this nation. A maple leaf is a familiar symbol of our vast and beautiful country that reflects our common values and our sense of community.

In 1867, Alexander Muir composed the song, The Maple Leaf Forever, to express his profound roots to the maple leaf in Canadian history.

Considered by flag experts as one of the world's most recognizable flags based on its simple design and limited number of colours, the national flag of Canada is admired by people in every corner of the world as a symbol of freedom and a symbol of democracy. Its clean bold lines speak to our shared values, our sense of common purpose and our sense of national community.

Although simple in design, Canada's flag well reflects the common values we hold so dear, while, at the same time, in its striking simplicity, the Canadian flag speaks to the exciting challenges and huge opportunities our nation possesses for the future. It represents all that we have accomplished together and the moments that have served to define us as a nation and as a people.

Today, 46 years later, the maple leaf flag is recognized and respected worldwide.

The Canadian flag demonstrates the common values so dear to our hearts: freedom, peace, respect, justice and tolerance. It is a familiar sight in towns and cities across this vast and beautiful land. It flies from coast to coast to coast, from the beautiful north to the valleys and mountains of British Columbia and the coves of Atlantic Canada.

The maple leaf pays homage to our geography, reflects the grandeur of our history and represents our national identity. Silently, it speaks for all the citizens of Canada, regardless of their language, beliefs, race or opinions.

The Canadian flag is a symbol that unites the Canadian population and expresses, everywhere in the world and everywhere in Canada, the pride we have of being Canadian. The national flag can be seen in our embassies and missions abroad and it is unmissable in Afghanistan where Canadian soldiers have made enormous sacrifices to secure peace and safeguard the Afghan people.

Our flag is a peaceful and prominent symbol in Canada and around the world. In the international community, it symbolizes freedom to express distinct cultural perspectives and is a sign of openness and accommodation. Our flag is the symbol beyond all others that brings Canadians together. Not only does it represent our free, compassionate and caring society, it also represents each and every citizen and their pride in seeing it fly in the vast Canadian skies.

We have a lot to be proud of in this country and the flag symbolizes this to us and the world about what is best about Canada. It speaks to tolerance, mutual respect, compassion and acceptance. These are deeply ingrained values in the Canadian character.

It is a reflection of us all and is a reflection of a belief that we all need to celebrate. The flag is an important part of our national identity. We fly it on flagpoles, sew it on backpacks and put decals on our cars and bicycles and, whenever we do, we send a message of pride and unity to our friends and neighbours across Canada and across the world.

The Government of Canada is proud to celebrate each year, on February 15, National Flag Day. It is an excellent opportunity to learn about and reflect on our shared heritage and express our collective identity. On that day across the country there are literally thousands of events celebrating National Flag Day.

In my riding of Cumberland—Colchester—Musquodoboit Valley there is a big event in a place called Parrsboro, an area with the highest tides in the world, an area where tidal power will engage and grow that community. The people in Parrsboro, Nova Scotia, celebrate flag day every year. They are patriotic. They believe in Canada and Canada's unity. On their behalf, I stand today in support of Bill C-288 and the member for Don Valley West. I encourage members opposite to support the bill and send it to committee.

[The Acting Speaker, Conservative, Barry Devolin]

Order. I am not sure that is a point of order. Individual members can make themselves familiar with what is before the House.

Resuming debate on private member's Bill C-288, the hon. member for Winnipeg North.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I rise today to debate Bill C-288, which would ensure that each and every Canadian has the right to fly Canada's national flag.

Every day, Canadians are tightening their belts to make ends meet. Every month, thousands of people are losing their jobs. Economic uncertainty lingers. For months now, thousands of people have been forced to wait for their employment insurance payments, not knowing when they will finally get help. Yet the first thing this government wants to debate is the right to fly the maple leaf proudly.

Honestly, I never thought I would have to stand up in the House to remind my colleagues that protecting Canadians' right to fly a flag on their property is not even close to a priority for our fellow citizens.

Does the member for Don Valley West really believe that people have expressed an urgent need for this kind of bill?

I agree with my colleague that Canadians have the right to fly our national flag proudly. Canada is a wonderful country that, until the Conservatives came to power, had an enviable reputation around the world. For many citizens, flying the maple leaf demonstrates their pride and their attachment to our country.

People have the right to express their patriotism by proudly waving Canada's national flag at home. Is it really necessary to adopt new legislation for that?

Do we really need to impose fines and even prison sentences on people whose level of patriotism is not to the government's liking?

Canadians want parliamentarians to debate and legislate issues that matter, like the economy, health care and the environment.

Over the past few months, I have had the opportunity to talk with the people of Portneuf—Jacques-Cartier about issues that matter to them. They told me how angry and disappointed they are in this government's decision to withdraw from the Kyoto protocol and instead focus on developing the oil industry at the expense of the environment.

Families in Portneuf—Jacques-Cartier who are struggling to make ends meet are worried about the cost of living, which is increasing rapidly under this government's disinterested watch.

Every day, more and more people are calling my office in distress because they have to wait for months to receive their employment insurance cheque, when they need help right now.

To date, absolutely no one has raised the pressing need to introduce legislation to protect the rights of every citizen to fly the Canadian flag without restriction.

People do not want this government to waste time debating an issue that does not even present a real problem. Until now, Canadians have managed to self-regulate when it comes to expressing their patriotism. There is nothing to suggest that this will change.

Legal provisions to protect individual freedom of expression already exist. The most important of these provisions, with which we are all familiar, is the Canadian Charter of Rights and Freedoms. Subsection 2(b) of the charter guarantees every individual the freedom of thought, belief, opinion and expression.

Anyone whose freedom to express pride for their country is violated or who is banned from flying the Canadian flag can invoke the charter at any time.

Why introduce new legislation that would impose prison sentences on the offenders, when the Canadian Charter of Rights and Freedoms already provides citizens with enough protection?

Canadians have a Charter of Rights and Freedoms because respecting the right of every individual to freely express their ideas without repression is part of our fundamental values.

It worries me that, with Bill C-288, this government is prepared to implement repressive measures targeted directly at anyone who expresses an opinion that goes against the artificial patriotism the Conservatives are trying to force on Canadians.

I would also remind the House that there are certain situations in which individuals might need to ask someone to remove a Canadian flag for purely pragmatic reasons or as a result of security issues, for example, the local fire department.

Should these individuals be treated like criminals and punished for doing their job? That does not make any sense. This bill does not meet any real needs of Canadians. Instead, it appears to be an attempt by the member for Don Valley West to score a few political points based on a few isolated incidents.

The fact that a few overzealous landlords forced some people to remove their Canadian flags from their balconies should not become a national issue. This attempt to legislate patriotism and to lock up any offenders is nothing more than another way for the Conservatives to push their ideology one step further.

Although most Canadians are happy to pay tribute to the national flag and celebrate their patriotism, they are concerned about the negative effects of this bill. They do not want this government to treat them like criminals for doing their job or for having a misunderstanding with their neighbours.

Imposing punitive measures—whether they consist of an injunction, a fine, or even worse, imprisonment—is far from a perfect solution. It is high time for this government to give up on this useless bill. We should instead be focusing on issues that are far more important to Canadians, like job creation and the environment.

The House resumed from November 18 consideration of the motion that Bill C-288, An Act respecting the National Flag of Canada, be read the second time and referred to a committee.

National Flag of Canada Act

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

Mr. Speaker, it is an honour for me to rise today and express my support for Bill C-288, , an act respecting the national flag of Canada. The bill would ensure that Canadians would not be prevented from proudly displaying our national flag.

In my riding of Okanagan--Coquihalla, we have many retired veterans. We have two veteran settlement communities that were created after the Second World War. To this very day, veterans still proudly call these communities home. Just last week, it was an honour to announce funding for a cenotaph in the veteran settlement community of West Bench. A former member of the House and mentor to me, Fred King, is a proud veteran who lives in the wartime settlement community of Kaleden.

However, many veterans have reached a point in time where they now live in a strata community, perhaps a condo, a townhouse or an apartment. Some of these veterans are prevented from flying the Canadian flag.

The Canadian flag has a unique history. It was through national debate and the participation of over 2,000 citizens who submitted designs that a new flag was finally chosen in 1964.

The Canadian flag is the legacy of inclusion. We should take note of this inheritance as we make a decision today. Did the parliamentarians at that time realize the overarching impact of their decision? I think they did. It is for this reason that such care was given to the selection.

The Canadian flag is an important symbol of our great nation, of its core values and natural history, a flag that all Canadians can proudly display. Yet some Canadians are prevented from doing so. I support the principle of this bill because I believe it is time to change that.

As Canadians, we have all stood tall on Canada Day and felt that immense sense of pride in the love of our country. We have felt it while singing the national anthem at a hockey game, while watching our triumphs at the Olympic games or overseas through the contributions made by our brave troops on behalf of all Canadians.

The Canadian flag is more than the material it is made from. It is a symbol to all of us that makes Canada a truly great country. It is a symbol of excellence, of inclusion, of tolerance, of making the world a better place. It is a reminder and one that I submit should not be denied.

The Canadian flag is the most visible and recognized symbol of Canada. When people come together, there is but one symbol to choose. The distinctive maple leaf has become a symbol of pride for Canadians from every walk of life and from every part of this nation. The flag inspires Canadians. Athletes, guides and scouts, school groups, service clubs such as the Rotary Club and Kiwanis, groups that serve their communities are inspired to contribute to their country, which is recognizable through the main symbol of the flag.

Above and beyond any other institutional affiliation, it is the flag that is used to unify people. Canadians feel close to the flag. They feel a sense of ownership. What place could be more important for its display than from their own homes?

For people to fly the flag in their place of residence is to make a statement about where they belong and what is important to them. The message of the flag is always one of unity and purpose of freedoms and acceptance. Canadians should be free to fly the flag, free to see it in every part of the country, from villages to cities, from tiny islands to the highest towers. The flying of the flag is a time-honoured tradition that binds Canadians to our shared past and is with us on each new challenge. It is important for Canadians to be able to continue to pass on the customs and practices of diverse regions and cultures that make this country great. The flying of the flag is a key part of the Canadian identity. It identifies us and brings us together.

I speak today on behalf of the flag. It has a distinguished history that has united Canadians for generations and will continue to do so for many years to come.

I believe that the bill does require some further fine tuning and agree with some of the comments made by my colleagues with respect to the penalties. I believe these concerns can and should be addressed at the committee stage.

I ask all members of the House to be mindful of this and to unite behind the flag.

May our Canadian flag always fly freely across this nation from the homes of any and all who wish to participate in what it means to be Canadian.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I am pleased to rise to discuss Bill C-288. I want to begin by thanking the hon. member for Don Valley West for his speech and for what seems to be a commendable intention. I congratulate him. His speech was very respectful, unlike some other speeches I have heard recently in the House.

I would, however, like to talk about the flaws in the bill. We cannot really attack the intent of the bill, which is commendable. However, this is a bill that will add another clause to the Criminal Code. It is therefore a relatively serious issue and it deserves to be addressed.

The bill lists three main conditions with regard to the Canadian flag: that it be displayed in a manner befitting this national symbol, that it not be displayed for an improper purpose or use, and that it not be subjected to desecration. These are three important conditions for allowing a person to display a flag.

One of the main flaws is that there is absolutely no definition of what constitutes a manner befitting this national symbol. And what does it mean to display a flag for an improper purpose or use? Even the definition of desecration seems complex. I think we can all agree, but knowing the limits of the definition of desecration is not so obvious.

For example, much is being said about condos and homeowners' associations. We can also talk about people living in condos or rented houses who want to use a flag as a curtain. Is that an improper use of a flag? I think that if we are talking about a flag as a symbol that should be treated with respect, some people might take issue with that use. If a flag is used as a door or a curtain between two rooms, is that a proper use of the flag? Some reasonable people might not think so.

I think this bill is quite flawed in terms of how the use of the flag is defined. Although the hon. member for Don Valley West wants to ensure that this bill contributes positively to the discussion, I think it might complicate the discussion between members of homeowners' associations and condo associations.

Another aspect of this bill—making the offence in question a crime—has already been raised in this chamber. Once again, I definitely understand that the member for Don Valley West wants to improve dialogue and discussion about this matter. However, criminalizing something and taking sides in a dispute can cause problems. By passing this bill, the Government of Canada would be taking sides in any dispute involving a Canadian flag, and that would tip the balance in favour of one party over the other party, which might have legitimate objections in a dispute.

For that reason, I fully support the arguments of my colleague from Jeanne-Le Ber, who said that this type of discussion should probably take place at the municipal level, where matters pertaining to residences and property are handled. The discussion would be much more appropriate at that level. Discussions could also take place at the provincial level. However, at the federal level, we are talking about criminalizing a dispute involving a national symbol. The dispute is also about how land or property is divided, and the rules that are agreed to and applied by property owners.

I believe that the bill goes much too far by introducing criminalization and that it does not achieve the purpose intended by the member for Don Valley West, who wants to create a dialogue. In the end, it may prevent dialogue and polarize any dispute that could arise in similar cases.

I would also like to say, and this has been mentioned, that there is no flag crisis at the moment. There are isolated and regrettable incidents because the parties in a dispute about displaying the flag cannot come to an agreement. However, introducing a private member's bill that would increase criminalization or add another article to the Criminal Code is probably excessive in the circumstances.

Another one of the issues that was raised by the hon. member for Bonavista—Gander—Grand Falls—Windsor is the double standard.

We know full well that, based on the rules of the House, the Board of Internal Economy has already decided that flags cannot be flown in the windows of Parliament Hill offices. However, this issue was raised by a media outlet, which mentioned the existence of a double standard: one for ordinary Canadians and one for Parliament Hill.

The member for Bonavista—Gander—Grand Falls—Windsor has already pointed this out but, if we had to resolve a dispute or make a decision in this regard—as one of your predecessors did—I would surely not like to see you be given a prison sentence of two years for a ruling contrary to the essence or intent of a bill, even though I know that members of the House benefit from parliamentary privilege.

The fundamental issue here is that there is a double standard. We cannot impose on the House what we want to impose on Canadians, specifically members of homeowners associations and condomiiuim associations.

I would like to point out another issue, namely, that of freedom of expression. The goal is to allow people to express themselves more freely or to give them the opportunity to express their patriotism by flying the Canadian flag without anyone preventing them from doing so. It is important to realize that freedom of expression is currently protected under the Canadian Charter of Rights and Freedoms. Any dispute that may occur about the flying of the flag—and these are usually arguments between two or three individuals or among small groups of people—can be resolved by the mechanisms in place to ensure that the provisions of the Charter are upheld. Once again, although the intent of the bill may be commendable and although no one in this House wants to attack this intent in any way, the fact remains that the bill seeks to remedy a situation that is already covered by the Canadian Charter of Rights and Freedoms.

Fourth—and this will be my last point—I mentioned that there was a problem with the definitions and the way in which some of the conditions set out in the bill are defined. The fact that the bill is so vague and yet so broad could result in unpredictable situations that may be a little bit embarrassing. The bill tries to cover almost any controversy that could arise, even though most of these controversies seem to pertain to very similar situations. For example, associations of homeowners or condominium owners.

I will give an example that has been brought up by the media. The current member for Vaughan on the government side was formerly the Ontario Provincial Police commissioner. Six years ago, while carrying out his duties during the incidents in Caledonia, he arrested a protester, or rather a counter-protester. This person was arrested for flying a Canadian flag during the counter-protest. According to this clause, would the member for Vaughan, while exercising his duties as Ontario Provincial Police commissioner, have been subject to punishment? Once again, I do not think that was the intent of this bill, but the way it is currently written could lead to embarrassing and unpredictable situations that could cause a lot of problems for law enforcement that the member for Don Valley West did not intend.

Honestly, if I examine the merits rather than the intent of this bill, I see that the bill as drafted is much too vague and imprecise. It tries to resolve a problem that arises only in very isolated and often similar situations— disputes among two, three or four individuals. These could be resolved amicably or through mediation, without such heavy-handed measures as a fine or prison sentence under the Criminal Code.

I would like to ask the member if he would withdraw the bill to try to improve it, as has been mentioned. Because opportunities to make amendments in committee are limited, it would be appreciated if he would withdraw the bill and improve it by taking into account the problems mentioned.

It is difficult to support the bill in its current form.

[Jeff Watson, Conservative, Essex, ON]

Mr. Speaker, I am pleased to rise today in support of Bill C-288, a bill brought forward by our new colleague from Don Valley West, who I commend for taking up an important issue and creating a very important dialogue in the chamber. I encourage members to support this bill. It is important and I will get into the substance of it in just a moment.

My colleague from Don Valley West is new to the chamber and has done a phenomenal job of bringing this issue to bear. I think all of us in this chamber recognize i the importance of our national symbols and what they mean to us and do for us. Our flag is a great symbol. It is a great expression of national unity and how we pull together. It is an expression of the values that we have in common, freedom, democracy, respecting the human rights of others and accepting that we are not ruled by the whim and dictates of an individual but we are all under the rule of law.

Those are very important values, which are not prevalent everywhere in the world, I might add, which is why a symbol, like our national flag, can become such an important point of hope for others. I am talking about others who seek to flee their own situations and come to a land of hope, such as the story of my biological mother and her oldest sister who left difficult economic conditions in eastern Europe in the late 1960s early 1970s to come to a place where there was economic hope and opportunity and the promise of starting a new life.

The flag also represents the hope and values that others wish to have in their own countries and hope to bring to their own countries some day. The flag is important because of its ability to inspire us. I am now in my eighth year as a member of Parliament, which is a great privilege, and every day when I leave this building I look up over my shoulder at the flag flying at the top of the Peace Tower and it never fails to take my breath away. It is a great thing.

I have to say that I am a little troubled by what I am hearing from the opposition with regard to this bill. The member for Jeanne-Le Ber questioned the government's priorities. First, this is a private member's bill, not a government bill. We should clarify the two right off the bat.

In terms of individual member's priorities, a bill that deals with the national flag of Canada and the right of every Canadian citizen to fly that flag is probably better than the bill introduced by the New Democrat member for Windsor West who wants to ensure that there is proper labelling for things that contain cat fur. In terms of the quantum of priorities, the right to fly a flag or to be notified if there is cat fur in a product, I know which priority I think is more important.

I have been told that the New Democrats do not see desecrating our flag as offensive. That troubles me. In fact, that disturbs me. This is not about a right to disassociate from flying the flag. This is about restoring the balance between those who are denied the right by those who are the elite seeking to deny them. That is what this bill hopes to address.

When I listen to Liberal members, I am troubled as well. This bill is not about pride. It is about being denied the free expression of that pride, which is incredibly important.

Listening to members' interventions brings up a curious oddity for me. Opposition members, be they New Democrats or Liberals, have no problem imposing fines and jail sentences on Canadians who do not fill out a long form census, but they will not support a bare minimum fine for someone who would urinate on the flag. That is desecrating the flag. It is in the bill. Apparently they have no problem with that, but sock it to the Canadian who does not fill out a long form census. I am astonished by that position. In fact, I am almost embarrassed that that position has been brought forward in the House, but it is their right. Notwithstanding that, I hope that members will come back to exactly what this legislation is about.

The member for Bonavista—Gander—Grand Falls—Windsor said that a motion should have been brought forward and not a bill. I will remind the member that a motion would not deal with the issues that may be uncomfortable for members to deal with, like the desecration of the flag.

We are challenged with a bill today. It is not a perfect bill but it is a good bill on balance. I accept that there could be some changes to this. However, it is a step in the right direction, which is why I felt it was necessary to both second it and speak in favour of it.

I hope all members, at bare minimum, will let this legislation get to committee and, if they want to make some changes to it that are within the scope of the bill, then let us go ahead and do that. Maybe the jail sentence is too much. Fair enough. Maybe it could be the bare minimum of a fine. However, there should be something to acknowledge that Canadians have the right to fly the flag and that right should be respected.

It should not be up to a homeowners association to decide that a veteran in my community in Lake Shore cannot fly a flag over his garage because others do not like the way it looks or it violates some rule of the homeowners association. That is bunk. The bill would remedy that situation. This issue has been in the newspapers back home and the homeowners association does not care about the bad press. It thinks it is still right. I say that it is not.

We need a bill like this. People who put their lives on the line for this flag deserve to have their right backed up and they deserve to have a Parliament that will stand behind them on that.

[John Carmichael, Conservative, Don Valley West, ON]

moved that Bill C-288, An Act respecting the National Flag of Canada, be read the second time and referred to a committee.

Mr. Speaker, it is an honour for me to have the opportunity to rise today and to speak to my Bill C-288, An Act respecting the National Flag of Canada, a bill that encourages Canadians to proudly display our national flag.

This bill represents an opportunity for us to stand behind those who wish to display our most important national symbol.

It also allows us to demonstrate to Canadians who wish to display our national flag that they have our full support. There have been far too many Canadians who have been forced to take down the Canadian flag on Canadian soil.

Some of us will remember our flag being adopted in 1965. Since that time, Canadians have proudly worn it on their backpacks while travelling the world. Displaying our flag abroad has immediately conveyed the values that we hold dear, freedom, democracy, courage and justice. Everywhere Canadians go, our flag is recognized and respected.

Despite proudly displaying our national flag when we are away from home, it is often said that Canadians are reserved in their patriotism and that they are not likely to put on a grand display of pride for their country.

I agree that in the past we have been hesitant to acknowledge our accomplishments, but Canada has come of age. As a country we have matured. We are no longer reserved about trumpeting our many accomplishments and letting the world know about our great country.

Our flag represents freedom, democracy, courage and justice, but today we are also proud to display our national flag as a symbol of leadership in the world and as a symbol of our accomplishments as Canadians.

The purpose of the bill is to protect Canadian citizens who want to proudly display the Canadian flag at their home. There are many reasons why one would want to display the flag; simply though, Canada is a great country.

When I hear stories of veterans who have been displaying the flag for years and are forced to take it down on threat of fines or even evictions, I am appalled.

There are stories such as those of Guy Vachon from Ottawa who served 25 years in the army, including combat in Korea, or Fred Norman, also from Ottawa, who served under our flag for 23 years. They were forced to take down their flags on threat of eviction. Mr. Vachon flew a Canadian flag for 11 years without a problem. Then one day he was told that unless he took down his flag he would face legal action with potential eviction.

There is the story of Brian and Linda-Lee Cassidy from southern Ontario who have been flying the flag for almost 40 years at their homes. They were told their flag looked like "trailer trash", both an insult to the flag and the people who live in mobile homes. The Cassidys are now members in bad standing at their homeowners association even though they have always paid their dues and followed the rules. The Cassidys want to fly the Canadian flag because they simply love Canada. They believe in what this country represents and they are honoured to be Canadians.

There is Rose Wittemann and Richard Field. Rose wanted to fly the flag because her brother was being sent to Afghanistan to fight under the Canadian flag for the freedom that we enjoy every day. They were told that unless they took down their flag, maintenance workers would come and take it down for them and they would be charged for the work that took place. In the notice they were given they were told:

While we appreciate your patriotism, Canada Day has now passed and we require that the flag be removed immediately.

Canadians should have the right to fly the flag on more than just Canada Day. We are Canadians every day of the year and we should be allowed to fly the Canadian flag every day of the year.

Lynn Riley hung a flag on her backyard fence. Shortly thereafter she received a letter from a legal firm representing her condo association, forcing her into expensive mediation.

Ex-serviceman Mark Murray placed his flag on his balcony in remembrance of the men and women he served with and those who never came home. He has received encouragement from family members of those who lost their lives to keep flying the flag. He faced eviction as a result but Mark said, “Remembering those who were lost was well worth it”.

Or there is Kirk Taylor in Calgary who also believed in what the flag represented. He received a notice to take down his flag but he refused. The issue took years to resolve, including expensive mediation.

Thousands of Canadians risk their lives every year with the Canadian Forces for the sake of what the flag represents. They risk it all for Canada. Why would we force them to fight more battles here at home while trying to remember those who are still fighting or those who never came home?

We all have special memories that involve the Canadian flag. This summer, I was inspired whenever I had the opportunity to go to an immigration ceremony to welcome new Canadian citizens. When these new citizens would stand up I would give each one a small Canadian flag, a symbol, and they would often be overwhelmed with emotion and tears. I was reminded repeatedly that Canada is a refuge, a safe place, where millions of people all over the world desire to live. Our Canadian flag represents everything that they strive for: freedom, democracy, justice and many more attributes that we take for granted every day.

If hon. members think back over the past number of years, can we say that Canadians were shy about displaying our flag during the 2010 Olympic and Paralympic Games? Of course not. Our flag was visible everywhere. It was proudly displayed by Canadians from coast to coast to coast for the entire world to see. Canadians expressed their immense pride in their athletes and that was even before they owned the podium for Canada. Of course, they were not just proud of Sidney Crosby's winning goal, they were proud that Canada had once again welcomed the world with such tremendous distinction.

We do not only show our pride in our flag at sporting events. Canadians proudly display our flag during times of national celebration. Of course we can think of Canada Day. On July 1 every year, Canada is transformed into a sea of red and white. Our flag can be seen flying in every town and city across the country. Flag Day on February 15 also comes to mind.

However, we also saw our flag waving all over the country to welcome Their Royal Highnesses The Duke and Duchess of Cambridge this past summer. We all know that a tour from our Queen would not be complete without the familiar red and white flag lining the streets to greet her. Certainly, Canadians will be eager to display our flag in celebration of Her Majesty's diamond jubilee in 2012. As Canadians, we have much to celebrate. No symbol can match the unifying power of our flag to help us celebrate together.

Our flag represents us overseas as well. It flies at our embassies and missions around the world and it is a beacon of hope for people around the world when it flies with the Canadian Forces in areas such as Afghanistan.

Canadians are tremendously proud of their flag and want to see it displayed both at home and abroad. Canadians want to show their pride in their country every day of the year. They want to show their support for our democracy, freedom, courage and justice.

Our national flag is our greatest symbol. Around the world it stands for those values. It accompanies the men and women in uniform who go out into the world and risk all for the sake of that democracy.

Our flag unites us all. It honours our history, shows our pride in our accomplishment and brings us together in time of celebration and in times of mourning. Canadians want to be able to display it proudly and should always be able to do so.

The bill would help Canadians who want to show their pride in Canada. Canadians like Guy Vachon, Fred Norman, Brian and Linda Cassidy, Rose Witteman and Richard Field, Lynne Reilly, Mark Murray, Kirk Taylor and so many others just like them. They have all sacrificed so much for the sake of our flag, for the sake of what our country stands for.

As their elected representatives, we have a responsibility to support Canadians who want to show their love of our great country. We must encourage Canadians to display our national flag and send a message that no one should prevent it from being displayed respectfully. What better way to do so than to make it easier for Canadians to display our national flag every day of the year.

For this reason, I urge members to join me and support Bill C-288. I also urge members, if they have not already done so, to join me and other Canadians in showing our pride and in celebration of our great country by displaying the national flag of Canada at our homes.

National Flag of Canada

[John Carmichael, Conservative, Don Valley West, ON]

Madam Speaker, I rise today because later this afternoon we will be debating my private member's Bill C-288, the national flag of Canada act.

The bill is important because too many Canadians have been forced to take down their flag when they have been trying to show support and pride for this great country and the values in which we believe, Canadians like Mr. Vachon, the Cassidys, the Wittemans, and so many others like them. Later today I will be telling their stories.

These Canadians and so many more have stood up for our flag, our flag which represents freedom, democracy, courage and justice.

It is also time that we as members of Parliament stood up for our flag and all it represents by supporting these Canadians and so many more who have been treated unfairly for far too long.

I would ask all MPs in the House to join me and support Bill C-288.

National Flag of Canada Act

[John Carmichael, Conservative, Don Valley West, ON]

moved for leave to introduce Bill C-288, An Act respecting the National Flag of Canada.

Mr. Speaker, I rise today to proudly introduce my bill entitled, “National Flag of Canada Act”. The purpose of this enactment is to ensure that all Canadians from coast to coast to coast have the right to fly the national flag of Canada.

It is in the national and public interest that all Canadians have the right and privilege to display the national flag of Canada and that no Canadian shall be restricted from displaying our flag. The Canadian flag represents all Canadian citizens. It represents pride in our great nation and support for those who have sacrificed their lives for the principles that it embodies: freedom, democracy, courage, and justice, upon which our great nation was built.

(Motions deemed adopted, bill read the first time and printed)