House of Commons Hansard #62 of the 40th Parliament, 3rd Session. (The original version is on Parliament's site.) The word of the day was research}.

Topics

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:05 p.m.

Etobicoke—Lakeshore
Ontario

Liberal

Michael Ignatieff Leader of the Opposition

Mr. Speaker, I rise today to support Bill C-34, an act to create a national museum at Pier 21 in Halifax-Dartmouth. I am very pleased to give my personal support to this bill.

Before I continue, Madam Speaker, I would like to ask for consent to split my time with the hon. member for Dartmouth—Cole Harbour.

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:05 p.m.

NDP

The Acting Speaker Denise Savoie

Does the hon. Leader of the Opposition have the unanimous consent of the House to split his time?

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:05 p.m.

Some hon. members

Agreed.

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:05 p.m.

Liberal

Michael Ignatieff Etobicoke—Lakeshore, ON

Madam Speaker, I am rising today to speak on behalf of this project.

I spent a very happy Friday morning at Pier 21, as it happens, with that force of nature, Ruth Goldbloom, and Wadih Fares and all the incredible civic leaders of Halifax who have made this dream a reality.

I want to announce the support of my party for this wonderful project, but I also stand for a very personal reason. One of the greatest things about Pier 21 as a project is that it contains all the records of Canada's immigration service in the 20s, 30s, 40s, 50s, and 60s, not just for the port of entry at Halifax but for the ports of entry at Quebec City and Montreal and other ports of entry. Therefore, all Canadians will be able to go to Pier 21 and find the place where their part in the national story begins.

That is what happened to me on Friday. I asked Pier 21 whether they could locate a certain George Ignatieff, age 15, who came ashore in Canada in Quebec City in September 1928. I wanted to find the moment at which my family's story began in Canada. Thanks to the wonderful researchers at Pier 2, they went down the long columns of those admission registers, and they found that young 15-year-old, my father.

It is meaningful to me to stand in this great Parliament and acknowledge with gratitude what Canada has done for my family. I think that everyone who goes to this great national museum, everyone whose life started as an immigrant, who started the new adventure in Canada, will find this museum especially moving, especially emotional, because it is the place where when we study all those records, Canadians can find the moment when their dream began.

For that reason, I feel especially proud to stand as the leader of this party and urge the House to give rapid assent to this marvellous bill so that we can create a museum that will allow all Canadians the joy and pleasure that I enjoyed on Friday. Thanks to the work of Ruth Goldbloom and Wadih Fares and that wonderful team, all Canadian families will enjoy that moment of thrill, discovery, and emotion I experienced on Friday.

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:10 p.m.

Liberal

Michael Savage Dartmouth—Cole Harbour, NS

Madam Speaker, it has always been my view that every Canadian should, at least once in their lifetime, attend a citizenship ceremony, to see the pride of new Canadians, to hear them take the citizenship oath and to stand ramrod straight and sing O Canada. Whether born in Canada or, like myself, come to Canada at a young age, one cannot help but be absolutely touched and amazed by the pride and the passion of those who have chosen Canada.

Every Canada Day, a citizenship ceremony is held at Pier 21, and a more perfect union could never be made. New Canadians from all over the world become citizens on the very ground that started the Canadian journey for so many others.

As the first nation to embrace multiculturalism as a national policy, it seems natural that we would have the National Museum of Immigration, but it has only come about through vision, dedication and unrelenting hard work.

Many people played a big role in the evolution of Pier 21. It is not possible to pay tribute to all of the volunteers, donors, partners and staff, but if there is one thing that ever person who ever worked for Pier 21 could agree on, it is that Ruth Goldbloom is the driving force, the heart and soul, the energy that made Pier 21 come back to life.

In 1989 Mr. Leblanc asked her to join the Pier 21 Society and in 1993 she became its president. At the time, Pier 21 was a dusty, empty old shed on the waterfront that reeked of history, and likely reeked of much else, but seemed an unlikely candidate to be chosen as one of the Seven Wonders of Canada. However, Ruth could see something and, more important, she could translate that vision to others. She not only encouraged people to get involved, she appreciated everybody who ever helped with Pier 21, whether they worked in the gift shop or whether they gave $1 million.

The most remarkable thing, in fact, about Ruth Goldbloom's leadership is her sincere belief that she is genuinely privileged to have been able to serve. When she speaks of people like Bill Snooey of the Dutch Reformed Church, who visited Pier 21 when it was an old shed on the harbour and how she connected with him and his ancestors, we get a sense of her humility and her connection to those who loved Pier 21.

Pier 21 is more than just a special place or an historic place. To many, it is an honoured place and to some it a sacred place. Thousands of Canadians, such as my leader, connect to ancestors at Pier 21. It helps to make them whole. Indeed, Pier 21 helps to make Canada whole.

Today is a special day. I would not be surprised if Ruth Goldbloom, who once was known as Nova Scotia's Shirley Temple, does not have a little celebratory dance tonight, with John Oliver, Wadih Fares, Bob Moody and the many others who are celebrating. This is a special day. Parliament has come together to honour our past, to celebrate our great country today and to prepare for a bright future and let Pier 21 take its rightful place as Canada's National Museum of Immigration.

Congratulations to everybody.

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:15 p.m.

Bloc

Richard Nadeau Gatineau, QC

Madam Speaker, I am pleased to speak today to Bill C-34, establishing the national museum of immigration in Halifax. The Bloc Québécois is dedicated to the interests and the defence of Quebec, a role that we have fulfilled effectively for 20 years. Any attempt by the federal government—indeed, any temptation it may have—to weaken Quebec's powers, meddle in its jurisdictions or go against its interests will be opposed by the Bloc Québécois. Let there be no mistake about that.

Having said that, the Bloc Québécois's role in Ottawa is not and never has been to hinder the development of Canada's provinces. As the Bloc Québécois official languages critic, I have always worked very hard for the francophone and Acadian communities of Canada and listened carefully to Quebec anglophones. Once again this year, it was this openness to the rest of Canada that led the Bloc Québécois leader to tour English Canada to increase awareness about our ideas.

My point is that the Bloc Québécois supports the creation of an immigration museum in Halifax. Moreover, it agrees that this matter should be handled swiftly in order for Nova Scotians and tourists alike to benefit from it as quickly as possible.

I will come back to the museum in a moment, because I must point out that it is very unfortunate that the government has not acted as swiftly with the Science and Technology Museum.

Twenty-eight years ago, the federal government made a promise to the people of the Outaouais that it would move the Science and Technology Museum to Gatineau. The unfortunate closure in 2007 of the Domtar mill, the oldest pulp and paper mill in Canada and Quebec, housed in the old E.B. Eddy plant in the Hull sector, was a tragedy for many forestry workers in Gatineau. The government could turn this tragedy into something more positive by relocating the Science and Technology Museum to this heritage building. The old match factory could be revived, in a way.

Michelle Guitard, a historian and specialist in industrial heritage, agreed in an article that appeared on the website ruefrontenac.com on January 24, 2010, and I quote:

The federal government must acquire this site...It cannot let this go. [If it were to do so,] it would show that the government has absolutely no sense of what made Canada what it is today, the importance of the first nations and of the pulp and paper industry.

On February 16, Michel Prévost, the chair of the Outaouais historical society, spoke to Radio-Canada about developing the Chaudière Falls sector and transferring the Science and Technology Museum to Gatineau. He said, “Let us hope that this dream will become a reality sooner rather than later”.

Just this morning, the following article appeared on page 8 of Le Droit:

Officials responsible for the [Gatineau science and technology museum] project must now consider wedging the museum inside an abandoned paper factory dating from the mid-1800s. Documents obtained under the Access to Information Act show officials have already begun surveying the old E.B. Eddy Co. factory in Gatineau as a possible location for the museum.

The documents suggest that the location meets the needs of the new museum because it includes elements of past, present and future and it is close to downtown.

The collections are currently located in an industrial park far from the downtown core, inside a bakery warehouse the federal government bought in 1967. The location was intended to be temporary, but 43 years later the Canada Science and Technology Museum remains a national orphan.

This contrasts with statements from the Conservative minister responsible for the Outaouais, the member for Pontiac, who is being a real killjoy on this issue.

People in Saint-Constant have been waiting for Exporail to be recognized as the national railway museum since 2007. A report about that from the Standing Committee on Canadian Heritage was adopted in the House on March 1, 2007, but since then, for some unknown reason, the federal government has done nothing.

My colleague from Châteauguay—Saint-Constant pushed hard for that recognition. She is still pushing for it. But unfortunately, recognition does not seem to mean much to this government. Maybe the Conservatives think that they have more to gain from the immigration museum in Halifax than from Exporail in Saint-Constant or from transferring the Science and Technology Museum to Gatineau.

The point is that this government has done nothing to develop federal museums in Quebec.

That being said, an immigration museum is a good idea. In order to know where we are going, we should know where we come from.

Because of Quebec's minority situation, immigration has always had a special status and a special role to play. As Louis Balthazar told the Bouchard-Taylor commission:

Quebeckers have experienced ethnic pluralism for a long time: aboriginals, Scottish and Irish anglophones, Jews, Italians, etc.

But, because of the Durham report, immigration was perceived as necessarily favouring the anglophone minority. Consequently, beginning in 1840, French Canadians turned inward while still living under British rule and being influenced by both the British model and American ideas. Most immigrants were English-speaking.

As a result, it was alarming to realize that the birth rate was dropping, especially at a time when francophone Quebeckers wanted to establish themselves as the majority in Quebec.

Something new has been happening since the end of the 1960s. An immigration department was established. Federal-provincial agreements were signed outlining the Quebec government's role in immigration: in 1971, a presence in federal offices; 1975, Quebec offices overseas; 1978, selection; 1990, welcome and integration. Quebec's 1975.

Charter of Human Rights and Freedoms and 1977 Charter of the French Language are the two pillars of modern Quebec society and lay the foundations for the harmonious integration of immigrants.

Will this particular dimension of immigrant integration and the fear that it created in under-educated Quebec, notably due to the mass arrival of anglophones, be reflected in this new museum in Halifax?

Will the bitter negotiations between Quebec and Ottawa to allow Quebec to control immigration based on its own interest and the integration of immigrants into a French society within North America be presented in this new museum in Halifax?

We cannot forget that, for close to 20 years, Quebec negotiated with the federal government in order to acquire more power over the selection and integration of its immigrants. Four administrative agreements were signed by the Quebec government and Ottawa to this effect.

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:25 p.m.

NDP

Megan Leslie Halifax, NS

Madam Speaker, I am proud to speak today in support of Bill C-34. This bill would create Canada's new national museum of immigration at Pier 21 in Halifax.

Pier 21 is many things to many people. It is a place of historical value, a literal gateway to Canada for many Canadian families. It is also a wonderful museum that has captured the story of immigration for all of us to share. As someone who lives in Halifax, it is also a living, breathing community space in Halifax, hosting celebratory dinners, inspiring lectures, and coming full circle to host quite a few citizenship ceremonies for new Canadians.

Today we have the opportunity to bring Pier 21 and all that it represents into the family of national museums. Naming Pier 21 as a national museum is a testament to Canada's history as a place of refuge, a place of new beginnings and a place of hope. Canada has been and will continue to be defined by how we treat those who come to our country seeking asylum, a safe haven or a better life. This museum will be a breathing interactive symbol of human rights, and economic and social justice.

The history of Pier 21 is remarkable and has touched virtually every family in every region in Canada. We can learn so much from the different stories that are told through the history of Pier 21. Each story tells about a different era of Canadian immigration, a different school of thought, and illustrates changes to the role that Canada played in the international community.

One thing is clear from any visit to Pier 21: the history of immigration in Canada is two-sided. It is both a history to be proud of but at times a history where pride is overshadowed by racist or classist policies. But it is a history that we can be honest about and a history that we can learn from.

During the potato famine of the late eighteenth and early nineteenth century, the city of York, now Toronto, accepted 50,000 Irish refugees, a total greater than the city's population. The city could have rejected these refugees because many of them were seriously ill and public health issues were not very well understood or well managed in Canada. The city of York welcomed these refugees and provided them with treatment and a place to call home.

Only a few decades later in the 1930s many Jewish refugees were sent away. They were refused entry for pretty dubious reasons, reasons that were rooted in discrimination, bigotry and apathy. Only 5,000 Jewish refugees were accepted. I would like members to think of the thousands of lives that could have been saved if we had opened our doors to more than that. To say this is a black mark on Canadian history is an understatement. The realities of the government decision were difficult to rationalize after the extent of the Holocaust was fully understood by the end of World War II.

Yet, history repeated itself again in 1914 when the Komagata Maru was turned around, sending some of its Indian passengers to their deaths, and denying all of them the freedoms that those decision-makers clearly took for granted themselves.

These are difficult stories, but they are a part of our history. We can learn from these stories which are well displayed and explained at Pier 21.

I have seen firsthand how the stories told at Pier 21 have touched people. A friend of mine who was visiting Halifax thought he would stop by Pier 21 on the morning he was flying out because he had heard so much about it. He did not have a personal connection to Pier 21. Neither his parents nor his grandparents had arrived at this port, but he thought he would spend a bit of time there before his flight. He became so wrapped up in the museum that he actually ended up missing his flight later that day. That is the kind of effect this museum can have on people.

A couple of summers ago my father and stepmother came out to Halifax for a visit and we went to the museum. We had a nice time exploring. On the way out we thought we would stop by the research centre and see what it was all about. Before long, with an approximation of the spelling of my stepmother's grandfather's last name, we found her family records. Her grandfather had travelled alone on a steamship with $10 in his pocket. Her grandmother arrived later with the children, including her father. It was such a surprise. We had no intention of doing a family search when we went in. The research centre staff were helpful and welcoming, and the information was easy to access. It is an incredible centre. What was intended to be a half hour stop at a museum turned in to several very emotional hours unravelling a family history. This is what Pier 21 does for people.

My own family shares a history of immigration to Canada as well, like many people here in the House. My grandfather, Tauno Paavola, came to Canada, also alone, on a ship that arrived in Montreal. In Montreal, without knowing a word of English, he was loaded on to a train with a placard put around his neck that had a strange English word on it. The same thing happened to a friend from the same village back in Finland, but he had a different word. They soon realized that this word represented the name of a town where they were to be settled: Winnipeg and Edmonton. My grandfather knew that there were Finlanders in Toronto, so as the train approached Toronto, he actually jumped the train and set off on foot to find other Finns.

Eventually, my grandfather made enough money to send for my grandmother, my mother and my uncles. He worked hard as a carpenter and an underground miner, and in one generation, he was able to send his kids to college and university, and the second generation saw me become the second Finnish Canadian member of Parliament in Canada's history. I am sure it was well beyond my grandfather's imagination when he was on that ship, taking the overseas journey from Finland to Canada.

Pier 21 tells us stories like this, the stories of migration to Canada, and it does it in a thoughtful, truthful and inspiring way. It is only right that it become our national museum of immigration.

I would like to take a moment to recognize and celebrate the contributions of the hundreds of people who have worked to create this special place, dedicating their time, their money and their passion. That effort, like that of Canada's immigrants, was made for us all. Collecting, preserving and sharing the stories of those who arrived in Canada, in Halifax, has always been the goal of the Pier 21 Society, and I think it should be a goal of ours. This simple immigration shed on the Halifax waterfront is a place people do not just visit, but to which they make a pilgrimage. As a national museum, it will reach many more people and tell stories. It will honour all Canadians.

Like my colleague from Dartmouth—Cole Harbour, I would like to recognize the tireless efforts of Ruth Goldbloom, a woman who made Pier 21 the incredible museum that we love.

It is important to note that the historical collection at Pier 21 already contains stories and memories from all ports of entry in Canada from families across the country. It is well suited to be a museum of national focus, but with very special regional significance.

At Pier 21, programs like “Community Presents” and “Diversity Spotlight” ensure that the programming is tied to all aspects of the Halifax community, and the local and regional multicultural communities. The Pier 21 programming slate includes educational tools for teachers and parents, multicultural fairs, summer camps, and public lectures. It is truly a place of learning and sharing, and as a national museum it will bring this element of community development to a broader level. These are not just words on paper. This is something that people in Halifax get to experience and see every day.

I am very proud that parties were able to work together to expedite the passage of the bill. Through its passage, we will send a message to everyone who chose and everyone who will choose to make Canada their home and that Canada is a better place with them in it.

Creating Canada's New National Museum of Immigration at Pier 21 Act
Government Orders

12:30 p.m.

NDP

The Acting Speaker Denise Savoie

Pursuant to order made on Thursday, June 10, 2010, Bill C-34, An Act to amend the Museums Act and to make consequential amendments to other Acts is deemed read a second time, deemed referred to a committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

(Motion agreed to, bill read the second time, considered in committee of the whole, reported without amendment, concurred in at report stage, and read the third time and passed)

The House resumed from June 7 consideration of the motion that Bill C-23, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts, be read the second time and sent to a committee.

Eliminating Pardons for Serious Crimes Act
Government Orders

June 14th, 2010 / 12:30 p.m.

Bloc

Marc Lemay Abitibi—Témiscamingue, QC

Madam Speaker, it is a pleasure for me to rise on this very important Bill C-23. In the few minutes that are mine, I will try to describe the Criminal Records Act and what they are trying to do with Bill C-23.

I want to start by saying that the Bloc Québécois and I feel that this bill is probably not necessary to protect victims, because they are already adequately protected by the Criminal Records Act.

There was an incident, and we all know how today's fine government reacts. A hockey coach, Graham James, committed some really terrible acts, for which he was sentenced. He served a prison term for sexual assault on two well-known hockey players, Sheldon Kennedy and Theoren Fleury. He served his time, was released, and now lives in Mexico. He got a pardon and the government blew a fuse because it thinks he should never have been able to do this.

I will define what a criminal record is for the benefit of the people listening to us. It is created after someone commits a crime. I should say right away that someone who commits a traffic offence or a hunting or fishing offence does not get a criminal record. Those are offences against provincial laws, or even some federal laws, such as the Migratory Birds Convention Act. There is no criminal record in those cases. A record is created when someone commits a criminal offence and pleads guilty after having seen the evidence or is found guilty after a trial. I will give an example to explain.

Someone is sentenced to five years in prison and three years of probation for armed robbery of a bank. As soon as the sentence is spoken, he automatically gets a criminal record for the rest of his days. Theoretically, he will be stained for life, but the stain can be removed. I will get back to that in a moment. What is important to emphasize is that a person who has been sentenced will have a criminal record that will follow him for the rest of his days, unless he gets a pardon.

It is called a pardon, but actually it is more like a suspended criminal record. A person who was pardoned, in everyday legal jargon, if asked about any prior convictions, does not have to say he has a record. The government wants to change this system by introducing a bill to suspend criminal records. Why? A person who is sentenced to five years in prison plus three years of probation has a criminal record. The government says not enough concern is shown for the victims, but that is not true. The Criminal Records Act gives the National Parole Board all the power it needs to ensure that people who get pardons are entitled to them and have earned them.

In the case we are concerned with, it is not true that anyone can get a pardon quickly and automatically. That is not how things work in real life.

An individual is sentenced to imprisonment for five years with three years’ probation, which makes a total of eight years. That is easy to count. The individual has to wait five more years before being able to make an application for a pardon, or, as we are calling it here, an application for a record suspension.

How does it work in real life? The individual serves their sentence, and then they are paroled, subject to conditions, and are still supervised until the end of the five-year sentence. The three years’ probation that the judge ordered when they were sentenced is added. So after serving the five-year sentence, three years are added, during which the individual must keep the peace, be of good behaviour and report to an officer, as the law provides and as the court may direct. The conditions of probation are set by the court.

Let us assume that all goes well, the individual serves his sentence, is released, is a good person, is reintegrated into society, and after three years’ probation has committed no offences and has not breached parole in any way. The individual will then have to wait five years, because that is what the law provides.

For a crime committed by an individual at the age of 18 or 19 or 20, which unfortunately happens all too often, that individual will be under judicial oversight for the next 13 years, at least: a five-year sentence and three years’ probation, plus five more years, because he has to wait five years before applying for a pardon.

All of that absolutely does not happen automatically. The opposite is true. In my former life, when I practised criminal law, I represented people like that, and we filled out the forms. An individual can apply for a pardon on his own, but he can also have a lawyer to help. Generally, the individual gets assistance because the procedure is very lengthy. When I say very lengthy, that is a minimum, and it varies considerably based on the crime committed.

I will come back to the example of armed robbery that I gave at the beginning of my speech, for which the offender was sentenced to five years with three years’ probation. Generally, the National Parole Board will examine the individual’s case very carefully before granting a record suspension, to use the term in the bill. Even in sexual assault cases, the board that grants the suspension does a lot of checking.

The individual must first apply, fill out a form and send his criminal record, fingerprints and recent photos to the nearest RCMP office, which forwards it to the board. At that time, an investigation is carried out. This investigation is not necessarily public because it is the individual who has applied. All police forces in Canada, Quebec and all other provinces are contacted to verify whether this individual may, by chance, be hiding offences to which he has pleaded guilty or has been found guilty of. Naturally, if this is the case, this individual's application for pardon or record suspension will be rejected. He will then have to wait a long time to be pardoned.

Thus, the individual files an application, which is forwarded and then studied. All police forces are contacted to determine whether or not the individual has other offences that he has not disclosed. If there are none, it can take between six and eighteen months. In my experience, it takes a minimum of one year before the individual is notified that his pardon, or record suspension, has been granted.

Thus, this is a very long process. The Bloc Québécois will agree to study Bill C-23 in committee because we must carefully examine how to proceed. I have to say one thing. Unfortunately, someone with a criminal record is marked. This is what generally, and unfortunately quite often, happens. Take the example of an individual who, at the age of 18, commits a break and enter and is sentenced to a few weeks or months in jail, plus one year of probation. Everyone in this House knows that we have a propensity to forget. The individual is sentenced and then later forgets about it. A few years later, he applies for a job. Therein lies the problem with not obtaining a record suspension or pardon. Some jobs are not open to those with a criminal record. They cannot be a member of the bar, and therefore a lawyer or notary, nor can they be a doctor or surgeon. Some universities ask if applicants have a criminal record. Those who have forgotten to declare it will be automatically rejected.

This is something we want to check when this bill goes to committee. We should not do anything to hurt someone who is rehabilitated. We are going to agree on that. I just said that big, important word, “rehabilitated”. The Conservatives always say we are more concerned about offenders than victims. Individuals who are entitled to a record suspension are those who have truly been rehabilitated. They have recognized their problems, dealt with them, served their sentence and been pardoned; they have paid their debt to society. We need to stop getting carried away. Obviously, someone who has been charged with and convicted of murder may have a great deal of difficulty getting a record suspension. The offender is convicted and serves a 25-year sentence. This bill does not target these people. It is aimed much more at petty criminals. I am in no way suggesting we should pardon every crime without checking.

With respect, I believe a person can be rehabilitated. We all know people who have made foolish mistakes in their youth, and I can give some examples. In my former life as a criminal lawyer, I had clients who had driven while impaired and unfortunately had been in an accident. I can tell you that this is traumatic, but on top of the crime he has committed and the wrong he has done to a victim, the offender receives a sentence. However, he will likely be able to obtain a pardon for this sentence once he is completely rehabilitated.

We need to be careful not to deprive individuals of the right to a record suspension if they have made every effort to rehabilitate themselves. This is what worries me about this bill, and we will have to look at it very carefully in committee.

I agree that we need to be tough on criminals, but do we need to be as tough on someone who is completely rehabilitated? I have an example. I represented someone who was sentenced to 36 months in prison for eight break and enters. This person has been completely rehabilitated since then and today works as an expert mechanic. If he had not been pardoned, he never would have been able to get this job.

That is the problem with this bill. We must not deny a rehabilitated individual a decent job if he has served his prison term and successfully completed his probation under supervision. Such a person is completely rehabilitated and after spending some time in society, is entitled to have his youthful mistakes erased.

Some people will point out that there are mature individuals, 40 or 50 years old, who commit sexual assault. With all due respect to my opponents, this bill is not intended for those individuals. A criminal who commits offence after offence is not the focus of this bill. I have some examples. A repeat offender will never receive a pardon. His criminal record will never be suspended. This bill is for individuals who have made a mistake or two over an extended period.

Unfortunately in our society, many people make mistakes and keep making mistakes. Many university applications and job applications ask the applicant if they have ever been convicted of a criminal offence. Having successfully applied for a pardon—or a record suspension—the individual is not required to answer that question. He can say he has never been convicted. By virtue of serving his sentence, resolving his problems with society and receiving a pardon from the governor in council, the individual's record is suspended. That is what we will be looking at in this bill in the coming weeks and months, if we are given the opportunity to do so.

Another aspect of this bill causes me great concern. Someone who is pulled over and suspected of driving while impaired would be taken to the station and asked to do a breathalyzer test. He gets a result of 0.7, which is not so bad, but he would be charged with impaired driving. His fingerprints would be taken and so would his photo. That is what could happen under this bill.

This is completely unacceptable and goes against the charter, under which a person is presumed innocent until proven guilty. This aspect of the bill should be withdrawn. A person's fingerprints and photo cannot be taken if they have not been found guilty or if they have not pleaded guilty. This bill would change that process and that is unacceptable. We think this is very dangerous. This aspect will have to be explored further.

For now, we are voting in favour of this bill so that it can be studied in committee.

Eliminating Pardons for Serious Crimes Act
Government Orders

12:50 p.m.

Liberal

Scott Simms Bonavista—Gander—Grand Falls—Windsor, NL

Madam Speaker, I appreciate that my colleague was very illustrative in what he was doing. With his years of experience in criminal law practice, I would like to ask him a few questions about this.

He mentioned that his party would vote to put this into committee. I get the feeling that the major opposition they would have to this bill pertains to the idea of the rehabilitation of younger offenders, those around the age of 18 or 19, despite the crime. However, he does go on to say that he is not particularly concerned with the people who are serving 25 year sentences for things like murder, but that his focus lies more or less on 5 year sentences. Once they pass this bill to get it to committee, is it their intention to focus on those younger offenders who may stand a greater chance of being rehabilitated several years down the road?

He mentioned that certain aspects in the bill were against the charter, but if we accept this bill in principle, beyond that, maybe the scope of the changes that he wants will not be possible. Is that a fear of his as well?

Eliminating Pardons for Serious Crimes Act
Government Orders

12:55 p.m.

Bloc

Marc Lemay Abitibi—Témiscamingue, QC

Madam Speaker, answering all those questions will be a little complicated. I would like to correct one thing right away: I have extensive experience as a criminal lawyer, not as a criminal. We have to be clear. Otherwise, I would not be here. In order to be a member of Parliament, one cannot have a criminal record. This is the perfect example. I know members who were elected who had obtained a pardon and were therefore able to sit. I cannot say where, nor can I name those individuals.

I agree with my colleague. There are two important points. I know people who served 10 years in prison before obtaining a pardon. The harsher the sentence—which is very important for my Conservative colleagues—the more monitoring there will be before that individual's criminal record can be suspended. If someone is serving a 10-year sentence, that means the crime was serious. So of course there will be more monitoring. That is the first point.

The second point is this. Unfortunately, 90% of people who apply for pardons are young people. They are young offenders. They committed offences, the foolish offences that young people commit. For instance, maybe they stole a car to go for a joyride; maybe they were charged with impaired driving causing bodily harm, which unfortunately happens to many young people. Yes, crimes were committed, but in my opinion, these young people are entitled to a pardon.

The last point I want to come back to has to do with the Canadian Charter of Rights and Freedoms. If people are not satisfied with this charter, it must be amended or abolished. For now, we must deal with it. According to that charter, defendants are innocent until proven guilty. When someone's fingerprints and photos are taken, he or she is not necessarily charged. Just because someone is arrested by police does not mean he or she will be charged. There is a big difference. It is up to the Crown prosecutor to decide. This is what we will consider when we study this bill.

Eliminating Pardons for Serious Crimes Act
Government Orders

12:55 p.m.

NDP

Chris Charlton Hamilton Mountain, ON

Madam Speaker, I listened with great interest to the thoughtful comments by my colleague from Abitibi—Témiscamingue. He began his comments by talking about Graham James, saying that he was very much the exception, not the rule, to the intent of the bill we are debating today.

I am from Hamilton and I would suggest that for the people in my community, for those right across the Niagara peninsula and even for those nationwide, a better example would perhaps be Karla Homolka. I do not believe anybody in my community would think it reasonable that a pardon be given to her.

I appreciate and share the member's concerns about the very real distinction we need to make between the extreme cases and the vast majority of other incidents that are being covered in the same legislation. I would suggest that the Conservatives have thrown the baby out with the bathwater.

That is one of the reasons we in the NDP tabled a motion in the House last week suggesting that parts of this bill be severed, in particular the kinds of crimes that would shock the conscience of Canadians or bring the administration of justice into disrepute. However, those are quite different from a whole host of other instances where, for example, somebody made a youthful error.

I know for a fact that none of us in the House would condone drinking and driving. Nonetheless, if someone were convicted at the age of 18 or 19, should the criminal record stay with the individual and make it impossible for him or her to pursue a career, such as a teaching or one of the many other careers that require criminal record checks by the time the person graduates from university? I am not sure that would pass the nod test for very many members in the House, nor, frankly, for constituents in my home town of Hamilton.

Would the member for Abitibi—Témiscamingue comment on whether he would support severing the crimes that I mentioned that would shock the conscience of Canadians or bring the administration of justice into disrepute, and if we would then be able to deal with some of the other issues, in the way he suggested in his speech, through a thorough examination in committee and perhaps a complete rewriting of the bill?

Eliminating Pardons for Serious Crimes Act
Government Orders

1 p.m.

Bloc

Marc Lemay Abitibi—Témiscamingue, QC

Madam Speaker, I respect my colleague very much, but I am not too sure about an answer to her question. I will explain. I have always believed that justice should be individualized, that the sentence should be individualized, and that when judges address the accused and find them guilty, convict them or impose a sentence, that that sentence should be individualized.

It is clear that every single thing cannot be included in a bill, and we cannot turn it into an omnibus bill that solves every problem. I say with all due respect that the more serious a crime is, the more we should extend the amount of time it takes to obtain a pardon or record suspension. In the case of conspiracy to commit murder, the individual has obviously not killed anyone, but they helped someone else commit the crime. We must be careful. With all due respect, we must at least be careful before granting a pardon.

Should we split this bill? I cannot say. However, I firmly believe it must be examined in committee. I also think that pardons or record suspensions must be individualized. That seems obvious. It will have to be examined in committee. It is not easy to answer my colleague's question.

Eliminating Pardons for Serious Crimes Act
Government Orders

1 p.m.

Liberal

Larry Bagnell Yukon, YT

Madam Speaker, the member may remember that recently in committee an Inuit witness suggested that Inuit youth have a hard enough time getting a job and that making pardons more difficult would exacerbate that situation. I wonder if the member would like to comment on that.