Réal Ménard

[Canada Elections Act, February 14th, 2008]

Mr. Speaker, the hon. member is right to say we should think about ensuring that those who want to get involved in public life can do so even if they may be at a disadvantage.

One of the ways to remedy this is to make political parties publicly funded. When political parties are publicly funded—and the hon. member knows it is $1.75 per elector—that means that all recognized political parties receive annual, statutory public funding pro-rated to the number of votes obtained in the last election. It is estimated that if a party receives public funding, it will ask for less money from those who want to run under its banner. Accordingly, this could help people who might be discouraged from doing so.

Let us talk about women. It is true that certain roles are still assumed more by women and less so by men and that political parties have the responsibility to ensure that no one is discouraged from seeking office just because a woman may have certain responsibilities.

Some women are saying political party conventions can be a deterrent. They think there is an adversarial aspect to political parties and this can discourage them.

It is up to us to make politics more harmonious and that, more and more, is what the Bloc Québécois is striving to do.

[Canada Elections Act, February 14th, 2008]

Mr. Speaker, I do not need to tell you how pleased I am to be taking part in the debate on Bill C-29.

When you are a member of Parliament, there is not much that is more important than the quality of democratic life.

The members of the Bloc Québécois, who are all Quebeckers, because we field candidates only in Quebec, are obviously thinking of the legacy of René Lévesque. I am certain that the mention of his name is extremely inspiring to all the members, because René Lévesque made a huge contribution to cleaning up election practices by putting an end to secret funding. The older among us, including my colleague from Abitibi—Baie-James—Nunavik—Eeyou, will remember that the 1976 Parti Québécois leadership campaign centred around this issue. There was one slogan that went: “For a clean, clean, clean fund”.

Today, it seems funny to refer to that time, because practices in Quebec have changed so much, in a non-partisan way. No one in the National Assembly of Quebec would want to go back to a system where corporations and individuals could make unreported contributions.

Still, the idea of establishing limits is quite new in our federal legislation. There has been a federal Elections Act for a very long time, but it did not have any control over contributions until the final years of the Chrétien government. We have to acknowledge in a non-partisan way that that was an interesting way to ensure democracy.

One might ask why, in a democracy, we have to know the rules of the game and limit contributions to a political party to $1,100 per individual, for example. This needs to be done because we would not want to live in a democracy where members of Parliament become spokespersons for lobby groups, as in the United States. I remember meeting a U.S. senator. It takes millions and millions of dollars to get elected in the United States. Because candidates receive contributions, they are required to become declared lobbyists for a specific lobby group.

The beauty of our electoral system, which is not perfect and could use some amendments, is that someone like me, the son of a labourer with no personal wealth, got elected last time by spending $25,000. For the most part, my contributions came from public fundraising. We can get elected without having any ties whatsoever to lobby groups. I am not saying that those groups cannot make contributions to have their point of view represented. However, it is possible to get elected in a political system without any ties to lobby groups. That is the best guarantee the public has. When we rise in the House to take a position on an issue, we do so without any ulterior motive and only with the interests of our constituents in mind. The more responsibility we have and the closer we get to the top, the more important it is for these examples of integrity to be absolutely respected.

That is why the Bloc Québécois has repeatedly called on the present Prime Minister to disclose all the sources of funding for his Canadian Alliance leadership campaign in 2002. This would be a sign of democratic respect that we recognize and that demonstrates transparency. As the Gomery report put it, we believe it would be a sign of democracy, transparency and sound responsibility to know who financed the present Prime Minister in his leadership bid in 2002.

The bill that is before us, and that the Bloc Québécois supports, is a bill that goes farther still.

Jean Chrétien introduced one bill, and after that there was Bill C-2 which went a little farther. I would note, as an aside, that it was a source of some disappointment. We would have hoped that the Access to Information Act would be modernized. After all, we have been talking about that for two decades.

We are well aware that journalists, and some members of the public, are concerned about the way this government is restricting the dissemination of information. We are well aware that people expect the Access to Information Act to be modernized. The Liberals did not do it and the Conservatives are dragging their feet on it, but it would be a good thing if this were done very quickly.

Even though the Access to Information Act has not been modernized, Bill C-2 still put transparency mechanisms in place that the Bloc Québécois supported at the time. I am thinking, for example, of whistleblowing in the public service and the budget oversight mechanisms under the responsibility of the Library of Parliament. So it seemed to us to be moving in the right direction.

Today we are going farther. We are calling for an end to a practice that can also generate controversy, that can also be ambiguous and that can also be questionable in terms of transparency. We want to prevent party leaders and people who have responsibilities and who want to be elected in political parties from being able to circumvent the rules and get access to funding beyond what is permitted or otherwise than through public funding, by accepting personal loans.

Today's bill will, first, limit the personal loans that can be taken out to the extremely precise figure of $1,100, the same as for personal contributions. Obviously there is a disclosure mechanism and mandatory registration. More importantly, repayment will be monitored. If I understand correctly, if a personal loan taken out by an elected member is not repaid within 18 months, it will have to be considered to be a contribution to the party, and an entire process will be set in motion.

It seems that the government has begun by imitating what was done in Quebec, finally putting an end to funding by corporations, unions and businesses, and accepting contributions from individuals only. The cap has been set at $1,100 to minimize the potential for influence peddling. Today, we are going even further by ensuring that personal loans—access to funding—will not be possible.

I hasten to add that this mechanism is a good one for purposes of transparency. It is good because it will allow us to become elected representatives who owe nothing to lobby groups. But this reform would not have been viable without public funding for political parties. Democracy does indeed have a price.

If we want people to get involved in public life, we have to talk about balancing work and family. Some members of my party have studied this issue. We want women to hold public office, but we know that they do not have equal opportunity. Even though there have been significant changes, women often have responsibilities that men have not fully taken on. Truly equal opportunity demands public funding so that political parties can benefit from a kind of war chest provided by public coffers as a starting point.

We are always on the lookout for improvements and concerned about cleaning up electoral practices. I think that the bill before us would contribute to that goal.

Mr. Speaker, given the frank camaraderie that has characterized our work over the past few days, and given that I have worked so hard on my speech, would you be so kind as to find out whether there is consent for me to go on for another 10 minutes?

[Afghanistan, February 8th, 2008]

Mr. Speaker, we know that the detainees are being kept somewhere, but the minister does not want to tell us any more than that.

Since we know there is no Canadian prison to accommodate the detainees and, according to the minister, there are no transfers, can someone tell us what happens to them? What happens to the detainees? That is what we want to know.

[Afghanistan, February 8th, 2008]

Mr. Speaker, yesterday, Justice Mactavish took the government to task for failing to put safeguards in place to ensure that detainees transferred to Afghan authorities would not be tortured. Despite the claims of the Minister of Foreign Affairs, an agreement without concrete measures to ensure there is no torture is not worth a hill of beans.

Do Justice Mactavish's comments not prove that the government did not fulfill its responsibilities to ensure that once the detainees are transferred, they are not tortured?

[Criminal Code, February 6th, 2008]

Mr. Speaker, last June, my colleague from Châteauguay—Saint-Constant, my colleague from Marc-Aurèle-Fortin, my colleague from Abitibi—Témiscamingue and I put forth about 12 proposals that will become a bill. We think the priority should be to put more money in the crime prevention program to help community agencies do their work.

We also believe that it is important to examine the issue of parole. We believe in the principle of rehabilitation. However, on the issue of accelerated parole review, we believe that if a court of law sentences an individual after a fair and equitable trial, it is perhaps too early to release that individual after he has served only one-sixth of his sentence. We also made proposals about section 719 of the Criminal Code. We asked that members of criminal organizations be prohibited from wearing crests.

Even though there is a law defining criminal organizations, it is not right that in our society, the Hells Angels can walk around wearing their crests. We proposed measures so that once a group is recognized as a criminal organization, its members cannot wear symbols to identify themselves.

The Bloc Québécois has a number of ideas when it comes to justice. I thank my colleague for the question.

[Criminal Code, February 6th, 2008]

Mr. Speaker, I thank my colleague, the Minister of the Environment, for his question. However, I cannot help but notice that he becomes emotional at the mention of Mike Harris' name. I urge him to remain rational in this debate. I want to remind him that the court challenges program has to do with guarantees under the Canadian Charter of Human Rights. We are not suggesting that the court challenges program allow provincial legislation to be challenged. Correct me if I am wrong—in which case I would like the minister to show me one case where provincial legislation was overturned—in my understanding, this has to do with federal responsibilities and the Canadian Charter of Human Rights.

Let us talk about the Conservatives' record when he was minister. Apparently he was quite close to Mike Harris and it is even said that the Minister of the Environment has three idols: Brian Mulroney, Mike Harris and Stephen Harper. I hope he remembers that when we look at the Harris government's record on francophones outside Quebec, there was the issue of the Montfort hospital. The hon. member, chair of the caucus, had to get funding. There was an unprecedented mobilization of francophones because that government wanted to close the Montfort hospital. I hope he is not saying that this was something positive and that the Harris government has a good record when it comes to francophones outside Quebec, because that is the furthest thing from the truth. The hon. member for Richelieu-Yamaska even had to appeal to Bloc members, who contributed with great pleasure. The Bloc members were involved in saving the Montfort hospital. We reached into our pockets and we donated money to keep the Montfort hospital open. That was a total lack of sensitivity by that government.

[Criminal Code, February 6th, 2008]

Mr. Speaker, I am pleased to speak to Bill C-13, which is fairly technical. It deals with the language of juries, procedures for service of documents and also, the aspect that interests us most, the whole issue of official languages and the provision of trials in the official languages. Consequently, it addresses access to justice by minority groups.

We support this bill and are in favour of the amendment tabled by our Liberal colleagues. If I have understood correctly, this amendment clearly recognizes the responsibility of a judge to inform the people before him in a court of law, the people who will be participating in a trial—whether or not they are the accused—that they have the right to a trial in either official language, naturally in the language of their choice. This ensures that justice will be served.

In general, I would like to remind the House that Bill C-13 initially proposed that an accused who does not speak the same language as the majority of a group of accused should not be penalized. It suggested as well that it would be possible for a judge or the chief court coordinator to ensure that a co-accused who does not speak the same language as the majority appears before a bilingual judge or has a separate trial. That is part of our constitutional guarantees. It is also in the Criminal Code and is one of the factors we should always remember as parliamentarians, that is to say, people must always have access to justice in their mother tongue.

For example, when francophones outside Quebec are put on trial—especially when the trial involves multiple charges or there are several accused at the same time—there is always a danger that they will be assimilated because the majority rules, and obviously that is not what we want. The bar expressed its concerns in committee that justice could be denied to minority groups at various points in our current trial procedures.

In regard to linguistic rights, the current system provides that at the request of the accused, a judge will order a preliminary hearing. We all remember that the preliminary hearing is the stage before the trial itself when a judge assesses the evidence that the Crown has and commits the accused to trial. It is a very important stage. The legislation currently provides that, at the request of the accused, a judge will order a preliminary hearing and trial before a judge alone or a jury that speaks the official language of the accused. There is always a concern, therefore, that no one in a minority language situation should be denied knowledge of the evidence against him and the legal procedure or prevented from interacting with the officers of the court and the judges, so that there is always the possibility of ordering a trial in the language of the accused.

I also want to remind the House of similar concerns surrounding the entire question of legal documents. When an accused asks to have his trial in the official language of his choice, in accordance with section 19 of the bill, the Crown must have the documents containing the charges, the information and the indictment translated into the official language of the accused or the language that he best understands. After everything is translated, if that would help the accused understand it better, it is turned over to him.

Changes have also been made in regard to the examination, cross-examination and preliminary hearing. I mentioned that the preliminary hearing is very important because it is here that the Crown reveals its evidence. This is when it is determined whether or not there is enough evidence to proceed to trial.

It should be noted that witnesses can use either official language at the preliminary hearing and the trial. Clause 20(2) of the bill enables the prosecutor, if authorized by the judge and if the circumstances warrant, to examine or cross-examine a witness in the witness’s official language.

Let us look at the case of a francophone accused of a crime. For example, suppose the member for Québec, a francophone, were accused—let us imagine the worst—of having killed her husband. She is ordered to trial and there is a person who saw her kill her husband, Mr. Lemieux, a man who gave her more than 20 years of his life, a veritable saint of a man. If the person who saw her kill her husband is an anglophone, he or she will be summoned to testify as a witness. In this case, the crown prosecutor is bilingual. One may ask in what language the prosecutor will ask questions of the witness. Thanks to the amendments to Bill C-13, it will be possible for the person conducting the examination of the witness, even if he or she speaks a different language than that of the accused, to communicate directly with the witness, thereby avoiding the need for interpreters. Thus, the member for Québec, a francophone, kills her husband; an anglophone witness is called to testify and the prosecutor who laid the charge is bilingual. The cross-examination could be conducted in the language of the witness. In my example, I referred to my colleague, the member for Québec, but honourable members will recognize the fictitious nature of my example because the member for Québec is well known as a peacemaker, without excess of any kind, far removed from anger and possessing total self-control.

That said, I want to say a few words about the amendments that the other place, the Senate, has proposed.

In my opinion—it was a recommendation of the Senate and it is a recommendation of the Liberal opposition—it is desirable that the judge should personally ensure that the person who appears before the court, whether at the preliminary inquiry stage or during the trial on the merits of the case, is clearly aware of his or her linguistic rights, including the right to request a trial in either official language. In a case were there are co-accused, one accused person can even ask for a separate trial when necessary.

Obviously, there are many people involved in the trial proceedings who could inform the accused that his or her linguistic rights must be respected. The prosecutor or the accused’s attorney could do so, or others. In my view, it is a wise move to make certain the judge is able to do that.

Our colleagues in the other place, the senators, have also asked that the legislation be reviewed in three years. This kind of review mechanism, I believe, is now quite common in our bills.

Of course, the Bloc Québécois supports this amendment. The Senate has submitted different cross-referencing provisions, particularly with regard to Bill C-2, the omnibus bill tabled by the government. I have been told there was a bit of a delay in the Senate, which provoked some anger from the parliamentary secretary. As I recall, Bill C-2 was a combination of five previous bills, namely, C-9, An Act to amend the Criminal Code (conditional sentences), C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make consequential amendments to another Act, the bill on dangerous offenders, the bill on reverse onus in bail hearings and a bill dealing with impaired driving and the new charges that could be laid.

So, Bill C-2 impacts on Bill C-13, and the Senate has presented cross-referencing amendments.

Of course, the Bloc Québécois supports Bill C-13 and the amendments proposed by the Liberal opposition. However, I cannot conclude without talking about the court challenges program.

How sad it must be for all parliamentarians to see how this government has taken an insensitive measure. I thought the Minister of the Environment would join his voice to that of the Bloc Québécois and defend francophone minorities. If I am not mistaken, he was responsible for this issue when he was a member of the Mike Harris cabinet. Mike Harris will not be remembered as one of the most progressive parliamentarian in history, but I thought that the Minister of the Environment wanted to follow the philosophical saying to the effect that taking the middle road is doing the virtuous thing. How can one support abolishing the court challenges program and thus move away from the middle road and virtue?

As members know, the Bloc Québécois is a very responsible opposition party. It is the number one political force in Quebec, and it will continue to be so, if such is the wish of Quebeckers. So, the Bloc Québécois brought forward an amendment at the Standing Committee on Canadian Heritage, and also at the Standing Committee on Justice and Human Rights, to resurrect the court challenges program. Unfortunately, we were disappointed by the Conservatives' response. The Conservative Party can no longer be called “progressive”. The fact that they removed the word “progressive” from their name is quite telling.

So, the Bloc Québécois brought forward an amendment in both of these committees. As we know, had it not been for the court challenges program, the French fact outside Quebec—for which our ancestors fought—would not be what it is now. And the Minister of the Environment must raise his voice in cabinet, regarding this French fact.

It is being said that the Minister of the Environment is part of the progressive wing of cabinet. How could he have supported this decision? I will have to tell the member for Rosemont—La Petite-Patrie, because I believe he has some influence with this man. I believe that the member for Rosemont—La Petite-Patrie will have to make the Minister of the Environment understand that he has failed in his responsibilities by not crossing party lines and by leaving francophones outside Quebec to be denied an extremely important tool in this way.

Why is this important? Take the example of school boards. In Quebec, we call them commissions scolaires, but outside Quebec they are conseils scolaires. Governments have not always spontaneously decided to grant resources and equip francophones in some communities with all institutions, from Prince Edward to Alberta, and including Saskatchewan. By using the court challenges program, with public funds, they were able to bring challenges in the courts. The case went as far as the Supreme Court of Canada and forced the establishment of school boards in francophone communities outside Quebec, which are of course minority communities.

How bizarre, not to say stupid, is the reasoning of this government, which claims that it never enacts or introduces unconstitutional laws? Well, I have been sitting in this House for 14 years and I have seen legislation and regulations repeatedly challenged and held to be invalid. Remember that the tobacco regulations, for example, were declared invalid by the Supreme Court. A number of decisions that have been made have been held to be invalid. It is not simply a matter of laws being ruled invalid, it is a matter of getting new ones recognized.

For example, Michael Hendricks, a resident of Montreal, used the court challenges program to have same-sex spouses recognized.

Today, people whose sexual orientation is homosexual can marry, can have proper weddings and experience the joys of marriage—and of course sometimes also the anguish of divorce. Had it not been for Michael Hendricks and his spouse, René Leboeuf, we would never have moved so speedily toward full recognition of rights for the gay and lesbian community. So you can see that the court challenges program has served both francophone communities outside Quebec and gay men and lesbians well.

When we come to examine the Conservative government’s record, the debit side will include the insensitivity it has demonstrated. I can only mourn the fact that no one in the Quebec caucus of the Conservatives felt the need to stand up for francophones outside Quebec. In fact, I say “francophones outside Quebec”, but there is nothing in the court challenges program that made the anglophone minority automatically ineligible to use it. Of course I will be told that the National Assembly has long made sure to respect the anglophone minority in Quebec. In the plan he put forward before the 1995 referendum, Jacques Parizeau said that it was a founding minority of Quebec.

In Quebec, the constitutional rights of anglophones were recognized, and still are. For instance, anglophones have access to learning institutions from kindergarten to university. Even though Quebec is not officially bilingual, a whole range of programs and measures is available to anglophones outside Quebec.

Valéry, a famous name in history, wrote that one can measure how great a civilization is by how it treats its minorities. Of course, in Quebec, we have every reason to be proud of how we have treated the anglophone community. We are equally proud of how we have treated our aboriginal communities. It is well known that René Lévesque was the one who gave recognition to aboriginal communities. Indigenous languages are still used by aboriginal people, and mechanisms maintained by the state allow them to assert themselves as founding nations of Quebec.

In summary, we support this bill. It deals with a number of technical details, but where language rights are concerned, we feel that it is a good piece of legislation, particularly with respect to the right of the co-accused to be tried in the language of the minority, provided that it is one of the official languages. We also support the Liberal amendment that will see the judge presiding at the preliminary hearing or trial be put in charge of recognizing the rights of those appearing before him or her and having them recognized.

In addition, we condemn the Conservative government's insensitivity to minority communities. Hopefully, by the next election, the government will have had a burst of conscience and lucidity and restored the court challenges program.

Finally, I hope that the Minister of the Environment will rise and put a question to me.

[Criminal Code, February 6th, 2008]

Mr. Speaker, has debate resumed?

[Immigration and Refugee Protection Act, February 5th, 2008]

Mr. Speaker, first of all, I would like to congratulate the member for Marc-Aurèle-Fortin. I know he worked hard in committee. I would like to take this opportunity to mention that Nicole Martin is in our lobby. My colleagues will understand how lucky we are to have her there.

I would like to ask an even more important question. Does my colleague agree with the opinion—which I hope will one day be the majority opinion—that this law was not necessary, even if we do not deny the existence of terrorist networks? The member for Marc-Aurèle-Fortin made this argument well.

Could he speak about certain provisions, not specifics, of course, that already exist in the Criminal Code or in other acts, and that would have enabled us to act in 2001, in response to the events of September 2001, when Anne McLellan introduced a bill to which the Bloc was opposed?

Is it not inherently dishonest to make it seem as though there were not already tools that would have helped us fulfill our duty to provide security at a time when people could represent a threat to national security? Is it not rather appalling, in terms of human rights, to have a bill like this one?

I would like to know what the member for Marc-Aurèle-Fortin thinks.

[Immigration and Refugee Protection Act, February 5th, 2008]

Mr. Speaker, I appreciate my colleague's question and I assure her that I agree with her 100%. Moreover, since 2001, we have been reiterating in this House that the Criminal Code has all the provisions we need to effectively fight terrorist threats. She is quite right to say that that is the appropriate tool. It make no sense that for a threat that only recently appeared—thankfully, for us—we would want to create such a draconian exception in terms of the reality we face regarding terrorism, as we have known it since 2001.