Ian Murray

[Federal Food Inspection Agency, September 25th, 1996]

Mr. Speaker, my question is for the Minister of Agriculture and Agri-Food.

Some 4,000 public servants could be affected by the government's move to create a new federal food inspection agency. These employees are concerned about their future. As the transition to the new agency takes place, what assurance can the minister give these public servants that they will be treated fairly?

[Children's Miracle Network Champions, May 30th, 1996]

Mr. Speaker, I too would like to take this opportunity to welcome some true Canadian heroes to the House of Commons.

Ten children from across Canada have been chosen as Children's Miracle Network champions and the Speaker and Prime Minister will be presenting them with special medallions this afternoon in recognition of their triumphs over illness and life challenging problems. The champions are accompanied by two other well-known Canadian champions, Rick Hansen and Mark Tewksbury.

The 13 CMN hospitals in Canada specialize in the treatment of children with a wide variety of afflictions such as cancer, birth defects, heart and muscular diseases as well as accident victims.

In conclusion, I want to particularly congratulate 10-year old Chris Stephens, a CMN champion from my riding of Lanark-Carleton. Best wishes to all of you. Let us all support the Children's Miracle Network so it can continue to provide help for Canadian children everywhere.

[Science And Technology, March 12th, 1996]

Mr. Speaker, my question is for the Secretary of State for Science, Research and Development.

To prosper in the information age, Canada must be a leader in innovation. That is how we will create better and lasting jobs for Canadians. Could the minister explain how the science and technology strategy announced yesterday will contribute to the government's job and growth objectives?

[National Engineering Week, March 8th, 1996]

Mr. Speaker, this is National Engineering Week. As part of the celebration, I attended the official transfer of the Canadian Science and Engineering Hall of Fame from the National Research Council to the National Museum of Science and Technology.

The hall of fame began in 1992 with the induction of 16 engineers and scientists. A survey had shown that most Canadians could not name a single Canadian scientist or a single Canadian science or engineering achievement. National Engineering Week is designed to make us aware of the contribution engineers make to our quality of life.

This year a special emphasis has been placed on youth and the importance of students maintaining interest in mathematics and science. The continuing success and prosperity of Canada depends on our having a society that is technically literate.

Canada has produced such hall of fame members as Banting, Bell and Bombardier. With its new home in the Museum of Science and Technology, many thousands of Canadians will be exposed for the first time to men and women who have been true builders of this country. It gives me great pleasure to salute the 160,000 professional engineers who continue that legacy of building the Canadian dream.

[Remembrance Day, November 9th, 1995]

Mr. Speaker, this Saturday, in the 11th month, on the 11th day, at the 11th hour, Canadians will pay tribute to the million and a half men and women who went to war to fight for this great country we live in. We come together on November 11 to pay a special tribute to those who courageously lost their lives in the first world war, the second world war and the Korean war.

This year we mark the 50th anniversary of the end of the second world war and the return of peace.

We should also recognize the new challenges faced by the Canadian Armed Forces in the post war period as peacekeepers and pay a special tribute to those who have lost their lives in this role.

We are what we are today, we have what we have because of the people we honour on Remembrance Day. November 11 must be for Canadians a day not only of remembrance and recognition, but of dedication to the hard and patient work of keeping peace.

I thank all veterans and peacekeepers for protecting Canada and its citizens and for allowing us to live in a country of peace and prosperity.

[Criminal Code, November 3rd, 1995]

Mr. Speaker, I am pleased to speak on Bill C-343. Let me begin by acknowledging what I understand to be the objectives of the member in putting this bill forward.

The objective is to make it easier for a peace officer to arrest someone who is breaking the terms of a probation order. The target group for this measure is anyone who is under a probation order. Such an order could include many types of conditions, for example, that the probationer refrain from alcohol, stay within the jurisdiction, avoid use of firearms, or attend counselling.

We may be talking about family situations where someone is convicted of an offence and is ordered to keep away from other

family members. It might be a situation where an offender is ordered to keep away from public parks or school yards.

Failure to comply with a probation order is an offence under the Criminal Code. I suggest that this is good criminal justice policy. Under the current provisions, an offender's probation can be revoked because of a serious breach of a probation condition. He can be arrested and charged for the distinct offence of breaching a condition.

Let us examine some situations and where it leaves a police officer who encounters someone who appears to be breaching one of the conditions of his probation. The police officer's authority is defined in section 495 of the Criminal Code which authorizes the peace officer to arrest without warrant a person found in the course of committing a summary conviction offence.

Say for example the peace officer finds someone loitering around a public park where children are playing. If the peace officer is suspicious of the person he sees loitering at the park, he can investigate in the usual way. If he finds that the person is bound by a probation order which forbids the person going near public parks, he may actually be in a position to arrest him on the spot. Just being present in the park may constitute an active criminal offence.

At the moment, breach of probation is a summary conviction offence and the peace officer's authority to arrest without warrant is limited. To arrest without a warrant the peace officer currently must satisfy the conditions set out in section 495 of the Criminal Code which states that a peace officer shall not arrest a person without a warrant where on reasonable grounds the public interest may be satisfied without so arresting the person at the time.

In making this judgment the peace officer must have regard to all the circumstances, including the need to establish the identity of the person to secure or preserve evidence concerning the offence, or to prevent a continuation or repetition of that offence or another offence. In effect the peace officer has some discretion to arrest on the spot but he must exercise that discretion according to several criteria laid out in the Criminal Code.

Bill C-343 would make the policeman's job easier by freeing him from having to satisfy these conditions. If breach of a probation order were an indictable offence, fewer conditions would need to be satisfied. In that case the police officer could arrest the person if he believed on reasonable grounds that the person had committed the offence or was about to commit it.

This is precisely what Bill C-41 does. Bill C-41 deals with Criminal Code amendments to improve and modernize our system of sentencing. It makes failure to comply with a probation order under section 740 a hybrid offence, that is, one that can be proceeded with by way of indictment or by summary conviction procedure. Hybrid offences are considered the same as indictable offences for purposes of arrest without warrant.

The bottom line is that the police officer will now have the flexibility the member for Wild Rose would like. The police officer can arrest without warrant where he believes the person has breached or is about to breach a condition of his probation and not just during the course of the offence.

Bill C-41 received royal assent on July 13, 1995 but is not yet in force. Therefore the first part of Bill C-343 will be unnecessary as soon as Bill C-41 comes into force.

I would also like to bring to the attention of this House another relevant modification included in Bill C-41. It is a modification to section 740 that may make it easier for the police officer to do his job. Section 740 refers to someone who "wilfully" refuses to comply with a probation order. Bill C-41 changes the wording to "without reasonable excuse". This may make it easier for a police officer to legitimately challenge a person, in the situation I have described, to provide a reasonable excuse for being in the park or near the school yard in apparent violation of the probation order.

Bill C-343 would give more freedom to arrest than Bill C-41 would give. Bill C-343 would create an exception to the general rule for this offence of failure to comply with a probation order. The arresting officer would not have to bother considering the overall circumstances, or whether it was necessary to take the person into custody in order to establish his identity for example.

It is evident there is a preference in our criminal law for using appearance notices or summons as opposed to arresting persons on the spot. Taking someone into custody without warrant should only be done where it is necessary. Alternatively the peace officer is expected to seek a warrant or issue the appearance notice.

Why should we make the breach of a probation order an offence different from most other offences in the Criminal Code? Why should the peace officer not be bound to respect the safeguards placed into the code to guarantee basic rights and liberties?

It is unacceptable to exempt this particular offence from the rules governing arrest powers for other criminal offences. I am not sure whether an argument could not be made that such an exemption is arbitrary or otherwise excessive and therefore contrary to the charter of rights and freedoms. The real issue here is controlling the risk to the community or to particular individuals presented in various situations.

Probationers are subject to the active supervision of probation services and this supervision provides an additional measure of control. Probation officers are experienced in judging when a breach of probation order is merely a technical violation or

something more serious that deserves revocation of the probation or an arrest and separate charges under section 740 of the Criminal Code.

Police and probation officers work together to monitor these conditions. I believe peace officers have what they need to handle almost every situation. If a suspect is actually committing the offence of breach of probation, they have authority to arrest that person without a mandate. Similarly, they have that authority when they believe the suspect has committed the offence or is about to commit an indictable offence. Alternatively, they may choose to issue an appearance notice or even seek a warrant.

They are not overly restricted in their ability to arrest someone who is hanging around a park or drinking alcohol or attempting to approach the residence of a former spouse without a reasonable excuse. If they believe a loiterer is about to repeat that offence or commit another one, they can exercise their good judgment and arrest that person.

I do not believe the criminal law modifications proposed in Bill C-343 are necessary.

[National Horse Of Canada Act, October 24th, 1995]

moved that Bill C-329, an act to provide for the recognition of the Canadian Horse as the national horse of Canada, be read the second time and referred to a committee.

Mr. Speaker, I am very pleased to have my private member's Bill C-329 reach the floor of the House of Commons today. Unfortunately the bill has not been chosen as a votable item, however it certainly represents a part of our history which deserves to be celebrated.

The purpose of the bill is to bring appropriate recognition to the Canadian horse, the official designation of the breed. I believe it is a symbol of Canadian heritage. I believe we should take every

opportunity to celebrate those aspects of our history which make Canada unique.

There are several precedents for the kind of recognition I have proposed for the Canadian horse. Some years ago Parliament passed a bill which designated the beaver as Canada's national animal. Recently we recognized hockey and lacrosse as our national sports. That kind of celebration of our heritage is neither frivolous nor unimportant. We need more symbols to add to the rich tapestry which is Canada's history.

As we debate the bill today Canadians are watching with concern the debate taking place in Quebec which is so important to our future. When I introduced Bill C-329 I was well aware that the history of the Canadian horse began in New France, now the province of Quebec, and I believe if we embrace the goal of the bill it would make some small contribution to national unity.

Alex Hayward, a Canadian horse owner who lives near North Gower, Ontario, brought to my attention the idea of giving the Canadian horse national status through a private member's bill.Mr. Hayward grew up with the Canadian horse and insists "they can do everything but dance".

After researching this breed we did note in several documents that the Canadian horse was declared our national breed by Parliament on March 17, 1909. Unfortunately nowhere in the debates of Parliament could this be verified. Therefore I set out to bring some attention to a breed of horse which has worked our lands as far back as the 1600s.

The introduction of the Canadian horse to Canada dates back to King Louis XIV of France in 1665. The horses were delivered to the governor of New France at Stadacona, now known as Quebec City. King Louis felt a knight should not be without a horse, and the horses were presented as noble gifts in order to keep his colonists happy.

The exact breeding of this horse is unknown. It was not until 100 years later that accurate breeding records were kept by horse breeders. However, historians believe that the blood lines are from the Arabian, Barb and Andalusian stocks. In 1667 and 1670 further shipments of this horse were received and their numbers reached 12,000 strong by the year 1760.

It has been noted that the Canadian horse was the first to clear Canadian soil. This versatile breed cleared, ploughed and cultivated the soil. In addition they were used as carriage, riding and race horses. This small, swift, rugged and strong horse seldom reaches 1,100 pounds and is from 14.3 to 15.2 hands high. Therefore the average Canadian horse would be about five feet high.

As the years went on France was constantly at war and was unable to support its colony. For the next century and a half the horses in New France were bred and multiplied, with no outside blood lines changing the breed. However, when the British arrived in the late 1700s they brought with them other breeds of horse. Upon arrival of the British many French settlers moved on to Manitoba and the United States and took their Canadian horses with them.

The American civil war created great demand for cavalry mounts. The Canadian horse was the right size and was well known for its tough constitution. This made it well suited to the hardship and rigours of war. Exports from Canada increased greatly and prices were very high. Many horses were killed in the war and those that survived never returned to Canada. By the late 18th century these factors threatened the continuation of the Canadian horse and so action was taken then to preserve this fine breed.

In 1885 a stud book was started to keep accurate records of the breed and in 1895 the Canadian Horse Breeders Association was formed. The federal ministry of agriculture maintained a breeding centre from 1913 until the second world war forced its closure in 1940. The Canadian horse has supplied foundation stock to many breeds, in particular the Morgan and the Standardbred. It has been estimated that by 1850 half of the horses in Canada carried some trace of Canadian blood.

In The Canadian Horse by Gladys Mackey Beattie the strength and endurance of the breed are well described. There are recorded instances of Canadian horses trotting from Quebec city to Montreal and from Montreal to Cornwall, stopping only when their drivers needed refreshment.

Another example was noted in the Breeders Gazette of Chicago written in 1914: `A wood merchant, owner of Canadian horse weighing approximately 1,050 pounds, harnessed it on the same pole beside another horse, 200 pounds heavier. The Canadian horse always kept its harness traces well stretched and never showed as much fatigue as its heavier mate. After two years of common work, the heavy horse died. Questioned on the cause of this death, the driver answeredIt is the Canadian horse that made him die of overwork'. Another heavy horse teamed with the same Canadian horse died after a year and the Canadian was still in perfect condition''.

We should also pay tribute to that small band of Canadian horse breeders past and present, without whom this important part of our heritage would have been lost. In this respect I would like to thank Alex Hayward and his friend, the late Don Prosperine, from Dunrobin, Ontario, which is in my riding of Lanark-Carleton. Those two gentlemen decided in 1978 to become partners in a project to breed the Canadian horse. They spent a year and a half searching in Quebec for suitable specimens. From their beginning with one stallion and two mares their stock increased to 28 Canadians. Don Prosperine's son, Frank, continues the family tradition on his farm in Dunrobin where he has 18 Canadians.

In conclusion, I want to thank those of my colleagues who have shown an interest in this part of our heritage and who are taking part in the debate today. I also want to thank the people from across Canada who wrote their member of Parliament in support of Bill C-329. Finally, congratulations to the Canadian Horse Breeders Association as it celebrates its centennial this year.

[Public Service, June 5th, 1995]

Mr. Speaker, my question is for the President of the Treasury Board.

The minister has announced changes in the way term employees in the public service will be treated by the government in the downsizing period. This appears to be unfair to term employees who have close to five years of service and would otherwise be eligible to become permanent public servants.

Can the minister tell us how the government will ensure that term employees are protected?

[National House Of Canada Act .Brev, June 2nd, 1995]

moved for leave to introduce Bill C-329, an act to provide for the recognition of the Canadian horse as the national horse of Canada.

Mr. Speaker, I have the honour to introduce a private member's bill today entitled "An Act to provide for the recognition of the Canadian horse as the national horse of Canada".

This bill will bring widespread attention to a national symbol, the Canadian horse. This horse was introduced to Canada in 1665 by the King of France, who sent horses from his own stables to the people of his North American colony.

The Canadian horse is well known for its strength, endurance, resiliance, intelligence and good temper that distinguishes the breed.

I invite all members of the House to support this bill, which will bring well deserved attention to this cherished Canadian symbol.

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

[The Environment, June 1st, 1995]

Mr. Speaker, the Minister of the Environment recently announced the release of the first summary report on the 1993 national pollutant release inventory. Over 1,400 companies across Canada reported their releases and transfers of 178 specified pollutants as required under the Environmental Protection Act.

The most significant feature of this inventory is that it is completely accessible to the Canadian public. For the first time in history, Canadians can find out directly from a full database of information about the pollutants being released in their neighbourhoods and communities or across the country. Canadians can access the information on this inventory through Internet either on their personal computers or they can use those available to them at libraries, schools and universities.

This important initiative will support the government's commitment to encourage pollution prevention by making both the public and industry aware of the quantities of pollutants being released all around us.

I encourage the government to continue to pursue this type of community right to know initiative.