Michael John Savage

[Criminal Code, April 20th, 2005]

Mr. Speaker, I am pleased to have this opportunity to comment on Bill C-215 and to follow my hon. colleague from Yellowhead and my friend from the Standing Committee on Health.

The bill was tabled on October 18 by the member for Prince Edward—Hastings. It is a bill proposing harsher sentences for serious offences under the Criminal Code in the commission of which a firearm or imitation is used.

The most important aspect of Bill C-215 is undoubtedly the extent of the proposed increase in minimum sentences. The bill proposes minimum sentences that go way beyond those currently prescribed in the Criminal Code. In fact, the use of minimum sentences in the code is quite exceptional. Although they are most commonly found in the part of the code that deals with firearms and other weapons, the increased use of them is fairly recent and not much is known about the effectiveness of the 1995 amendments.

I would therefore like to begin by focusing my comments on the principles of sentencing. Following that I would like to talk a bit about the problems Bill C-215 seeks, well-meaningly, to rectify: what is it that is not working well in the application of the existing provisions that would justify the amendments that are proposed?

We would all argue that crime is a major issue. In my riding of Dartmouth—Cole Harbour it is a particularly problematic issue. We have had a rash of swarmings and robberies and people do not feel safe in their homes, as they should. How do we fix it is the question.

To begin with the principles of sentencing, let us examine what is provided for in sections 718 to 718.2 of the Criminal Code. In section 718, we find the following:

The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

(a) to denounce unlawful conduct;

(b) to deter the offender and other persons from committing offences;

(c) to separate offenders from society, where necessary;

(d) to assist in rehabilitating offenders;

(e) to provide reparations for harm done to victims or to the community; and

(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.

The principle of proportionality, that is to say, the principle that the sentence imposed should be proportionate to the gravity of the offence and the degree of the responsibility of the offender, is a fundamental principle.

Furthermore, the courts are required to take aggravating and mitigating circumstances relating to the commission of the offence or the situation of the offender into account. They must consider the harmonization of sentences, that is to say, the imposition of similar sentences for similar offences and in similar circumstances, the totality of sentences when consecutive sentences are imposed and they have a duty to consider less restrictive sanctions before depriving an offender of his or her liberty and pay particular attention to the circumstances of aboriginal offenders.

Mandatory minimum sentences, especially those that are higher, can be contrary to several of the principles of sentencing codified in the Criminal Code, especially the principle of proportionality. They may also infringe the charter when the mandatory sentence is excessive or unusual.

That is why, in light of the principles set out in the Criminal Code and the Canadian Charter of Rights and Freedoms, we have in Canada a sentencing regime that promotes an individual approach. Our system allows the courts to impose sentences that are appropriate in light of the particular circumstances surrounding the commission of the offence and the offender.

The law that applies in sentencing does not authorize the courts to promote one of the stated principles to the exclusion of all others. Minimum sentences, especially those at the high end, are designed to give precedence to the principle of denunciation. Furthermore, the primary objective is to highlight the punitive aspect of a sentence, although retribution as such does not appear in the list of codified sentencing principles.

I am afraid that there is in our society an erroneous impression that minimum sentences are effective as a deterrent measure. I do not believe that is the case. The many studies that have been conducted in Canada and elsewhere show that minimum sentences have no effect on reducing crime. We merely have to look at the rate of gun crimes committed in the United States and the harsh penalties that apply there in order to understand that there is no direct link between the existence of harsh sentences and the commission of offences, though we would like to think otherwise.

In any event, even if we were to consider adopting minimum sentences that are significantly higher than those presently, it is our duty to examine the application of the existing provisions in order to identify whether there are shortcomings or gaps to be corrected. Criminal sanctions are the harshest measure of coercion in our society and we have a duty to resort to them when justified, and only when justified.

In the case of many of the offences targeted in Bill C-215, the current applicable sentences can range from a minimum of 4 years to a maximum of 14 years or life imprisonment.

By making use of much harsher minimum sentences, Bill C-215 seeks to make substantial changes in the approach to sentencing in Canada. I have commented on how minimum sentences generally risk being inconsistent with the principles of sentencing. I will not spend much more time on that.

I will simply conclude this part of my remarks by noting that with the large range of possible sentences in the existing relevant provisions there is ample room for the courts to impose as harsh a sentence as is desirable in the particular circumstances of any case and that there are no shortcomings to be rectified through this approach.

What is more, on the subject of current trends in the use of firearms to commit crimes, especially in the case of violent crimes, the rates are not increasing. On the contrary, recent justice statistics show a substantial decline in the rate of violent crimes committed with firearms, including homicide and robbery.

In 2002, 72% of violent crimes were committed without any weapon and 2.2% of violent crimes were committed with a firearm. That does not mean that action is not required and that is no comfort to those affected, but it must be effective and not just a show of force.

The existing sentences with respect to firearm use in crime are among the harshest in the whole of the Criminal Code and the current situation with respect to the use of firearms in crime in general does not show an increase. On the contrary, the current trend is clearly in the direction of a substantial decline.

So how would we be justified in passing the extremely high minimum penalties proposed in Bill C-215?

In conclusion I would like to reiterate my point with respect to the importance that we must give to the principles of sentencing when we examine any bill that proposes criminal sanctions. This task should engage us as parliamentarians here in the House even more when a bill proposes exceptionally harsh measures as Bill C-215 does.

Mandatory minimum penalties adopted in an ad hoc fashion result in great disparities in the law and undercut a principled, rational approach to sentencing reform. We need to do something about crime. Let us focus on the ways to reduce crime that work, that do make us safer and do make us more secure.

[Brain Tumours, April 19th, 2005]

Mr. Speaker, over the past two days representatives of the Canadian Alliance of Brain Tumour Organizations have been meeting with members of Parliament. This organization of volunteers is dedicated to advocating for better patient care, increased government funding for research in the area of brain tumours and an increase in public awareness.

Each year over 10,000 Canadians are newly diagnosed with brain tumours. Brain tumours are also the leading cause of solid cancer death in children under the age of 20.

Our country needs to better understand the issues related to brain tumours, particularly as this relates to access to drug coverage and supportive care services for those affected. At present, provincial drug coverage varies considerably from province to province. In my own province of Nova Scotia, effective new treatment is not available to all those it could help. This needs to change, because lives are at stake.

I wish to congratulate these dedicated volunteers on the work they do.

[Health, April 13th, 2005]

Mr. Speaker, Needle Aid is a small medical business located in my riding of Dartmouth--Cole Harbour. This relatively new company is innovative and forward thinking, and is an example of how a small business can succeed with the support of government through ACOA.

Needle Aid was developed in Canada as a safe, convenient device designed to guide a needle safely to the right spot and is of particular benefit to those individuals who are required to self-administer their needles. Needle Aid is helpful to a variety of patients: the elderly, visually impaired, diabetics, and for those who at times have a fear of needles. This is a valuable service to many Canadians.

I congratulate Needle Aid chief executive officer Tom Inkpen and his entire staff for their hard work in developing new technologies to assist in the care of Canadians. I also congratulate ACOA and its minister for supporting technology and innovation in Atlantic Canada.

[Coast Guard, April 12th, 2005]

Mr. Speaker, recently in my riding of Dartmouth—Cole Harbour my colleague, the Minister of Fisheries and Oceans, announced that the Canadian Coast Guard would become a special operating agency, the largest SOA in Canada, which recognizes its unique and important role to Canadians.

This special designation allows the Coast Guard to focus its resources on providing excellent marine services while enhancing its responsibilities in the areas of national security, environmental response and the facilitation of maritime commerce. The Canadian Coast Guard will continue to play an integral role in scientific research, conservation and protection of our fisheries.

The Coast Guard is an important agency. It is important to the people of Dartmouth. While more operating dollars are critically needed, this new status along with over $400 million invested in this year's budget for new vessels will ensure that this proud organization will continue to be a world leader in providing marine services to Canadians.

[Sudan, April 11th, 2005]

Mr. Speaker, my question is for the Minister of International Cooperation. The humanitarian situation in Sudan is of great concern to Canadians and indeed the entire world. On January 9 the Government of Sudan and the SPLM signed a comprehensive peace agreement in Nairobi.

Today donor governments are meeting in Oslo to show their support for this peace agreement. Could the minister please inform the House of Canada's contribution to helping the people of Sudan?

[Battle of the Atlantic, April 7th, 2005]

Mr. Speaker, early in World War II Canada commenced her struggle to keep the North Atlantic lifeline open. Winston Churchill pointed out that this battle was crucial to allied victory during the second world war. Arguably the Battle of the Atlantic was Canada's most important contribution to that victory.

In this the Year of the Veteran, thousands of sailors, both naval and merchant, and elements of the Canadian air force will be honoured for participating in the longest battle of the war. They will honour their friends who made the extreme sacrifice.

The Canadian Naval Memorial Trust in conjunction with Canadian and other allied navies will be participating in the Battle of the Atlantic ceremonies being held in Northern Ireland from May 6 to 8.

The HMCS Sackville is a veteran of the Battle of the Atlantic. She is the living symbol of that monumental achievement. Today, as we should be every day, we are reminded of the profound sacrifice of young Canadians from coast to coast in the defence of freedom and liberty.

Congratulations to all who honour and preserve the legacy of the HMCS Sackville .

[Alderney Landing, March 24th, 2005]

Mr. Speaker, arts and culture reflect the soul of a community and contribute greatly to its economic well-being. This is especially true in my riding of Dartmouth—Cole Harbour.

Alderney Landing is a hub of activity related to arts and culture. It is the home of Eastern Front Theatre where local writers such as former MP Wendy Lill use their creative talents to write and produce plays.

Alderney Landing is home to the annual Atlantic Writing Awards, one of the best municipal writing awards in Canada started in 1999.

Alderney Landing is also a focal point for community groups and school productions, including the Black Music Awards. It houses an art gallery that highlights local artists and is the home of the great multicultural festival of Nova Scotia.

Next week I will be attending the opening night production of the play Satchmo , written and directed by Hans Boggild.

I want to congratulate the Alderney Landing Board and its chair, Paul Robinson, and the staff, Bea MacGregor, and the rest, for their dedication and support of arts and culture which is so important in maintaining a vibrant community.

[Supply, March 22nd, 2005]

Mr. Speaker, I appreciate the opportunity to speak to the hon. member's motion that the agreement reached in the Atlantic accord should be extended to all provinces.

I am pleased that the hon. member for Regina—Lumsden—Lake Centre has raised this issue today, because I believe that Canadians, when presented with the facts, will understand why such an agreement involving offshore oil revenues was reached with the provinces of Newfoundland and Labrador and Nova Scotia, and that upon closer scrutiny we will realize that this motion represents at its core an attempt to divide regions against each other, not to bring us together.

I come from Nova Scotia, one of the provinces which, along with Newfoundland and Labrador, was a recipient of an agreement with the national government that resulted in Nova Scotia receiving 100% of revenues from the offshore with no clawback that would affect equalization. This agreement recognized the tremendous challenges Nova Scotia faces with respect to its provincial debt and the province's ability to deliver services.

I would like to speak about my home province of Nova Scotia and its crushing financial burden, which our Prime Minister recognized and went about improving.

Why is Nova Scotia confronted with such a high debt? It is a critical question. It goes back a few decades. From 1970 to 1978, the Liberal government of Nova Scotia under Premier Gerald Regan, finance minister Peter Nicholson and ministers like Scott MacNutt balanced the provincial budget every year for eight consecutive years. In 1979 the people of Nova Scotia elected a Conservative government, and from 1979 until 1993, some 14 years in a row, we had unbalanced budgets. We had deficits. Some have said that this Conservative government was the most irresponsible government in Canadian history. It would be hard to disagree.

Every year during that period the government would underestimate the deficit. If members think that underestimating a federal surplus is a problem, they should try to deal with underestimating a deficit year after year and compounding it and adding it to the crushing debt load of Nova Scotia. Nova Scotians were left reeling under that burden.

In 1993 the Liberals returned to government in Nova Scotia and, after some tough decisions and sacrifices by Nova Scotians, the books were once again balanced within a few years.

The offshore deal signed recently by the Prime Minister was based on fairness for a region that has for far too long been absent from achieving its full economic potential. Now, as a result of the work done by Government of Canada and the province of Nova Scotia, Nova Scotia is able to pay down its debt, a wise decision by Premier Hamm, freeing up some $50 million to invest in social programs and other necessary services.

Who made this deal happen? It was the Prime Minister and this government. It happened because in Nova Scotia there was an atmosphere of respect, where the goal was to help people, not to score political points, which is clearly the objective of the motion we are debating today. This motion is not about seeking the best for the people of Canada. I believe it represents division and disharmony.

It is the economic and fiscal challenges that are unique to these two provinces that led to this agreement. A look at the numbers tells us this. Newfoundland has the highest net debt of all provinces. As a percentage of GDP it almost 63% compared to the provincial average of about 25%. Nova Scotia is the second highest at 43%. In the case of Newfoundland and Labrador, it has a declining population, which means there are fewer people to help pay off its debt.

Clearly something had to be done to help these two provinces. After all, that is what is being part of the Canadian federation is about. We delivered on our commitment. The agreement reached in January with the federal government will allow Nova Scotia and Newfoundland and Labrador to use the revenue from their offshore resources to help dig themselves out of their economic hole and will put them on a more equal footing with the other provinces, something that is in the interests of all provinces and indeed all Canadians. As a Nova Scotian, I am proud of that deal.

The agreement will also provide the provinces with substantial upfront payments of over $2 billion for Newfoundland and Labrador and some $830 million for the people of Nova Scotia, giving them immediate flexibility to address their economic and fiscal challenges.

That is not to say that other provinces will be left out in the cold. It is quite the opposite. Let us not forget that this government has significantly increased the federal transfers to the provinces and territories. For example, the 10 year plan to strengthen health care is pretty significant.

First, the deal that was signed by the Prime Minister and the premiers will provide over $41 billion in new health care funding. This plan goes beyond simple monetary commitments. It sets out clear objectives to achieve real results, results with patients in every territory and province. It also illustrates what we are capable of achieving when the provincial and federal governments work together in common purpose.

The commitment to meaningful reduction in wait times for health services came about because all participants agreed that this is the key to transforming the health care system. The plan reflects this shared vision by holding all governments to account by establishing a requirement for evidence based benchmarks, comparable indicators, clear targets and transparent reporting to the public on access to health care.

It also means that the needs of patients will drive change. The plan will accelerate reform and ensure better access to key tests and treatments. It will increase the number of doctors, nurses and other health professionals. It will be helped by quicker assessment and integration of those who have received their training abroad. As well, it will improve access to home and community care services and to safe and affordable drugs.

On the fiscal side, this plan commits to a 10 year track of substantial, predictable and increasing long term funding, more than closing what has been called the Romanow gap, attaching a 6% escalator to the Canada health transfer, and providing funding for wait times reduction so that Canadians can see tangible progress in key areas such as cancer and heart treatment, diagnostic imaging, joint replacement and sight restoration.

The plan also addresses the unique challenges facing the delivery of health care services in Canada's north, including the costs of medical transportation, and encourages the innovative delivery of health care.

These initiatives illustrate that this government is committed to ensuring the viability of our health care system throughout Canada. In fact, we have gone beyond the $41 billion commitment. In budget 2005 we provide an additional $805 million in direct health investments to support action in the important issues of health human resources, wait times and performance reporting.

In concert with the 10 year plan to strengthen health care are the changes to the framework for equalization and territorial financing formula. These changes will increase the support provided to provinces and territories by over $30 billion over 10 years. The increased funding will assist Canada's less prosperous provinces and the three territories in meeting their commitments under the 10 year plan to strengthen health care as well as their other priorities.

This new framework reflects the most significant improvement in the history of these programs. By providing predictability, stability and increased funding, the framework will play an essential role in ensuring that all Canadians, no matter where they live, will have access to comparable public services. It will also provide considerable financial stability to provinces and territories in setting their own budget priorities.

One of the key tenets is the establishment of an independent panel to advise on the allocation of the legislated growing amounts among provinces and territories. This panel will be chaired by Mr. Al O'Brien and will include Fred Gorbet, Robert Lacroix, Elizabeth Parr-Johnston and Mike Percy, all of whom have extensive experience and distinguished careers in academia and public service.

Among other things, the panel will report on the new allocation formula to govern equalization for 2006-07 and beyond, including the treatment of various provincial and local revenue sources such as property taxes and other revenue streams.

I would like to assure the hon. member that one of the areas the panel will also be examining is the treatment of natural resources in the context of equalization and the territorial financing formula.

The panel will have time to do its job. It will draw upon experts across the country and it will consult provincial and territorial governments and Canadians from all regions. I look forward to seeing the results.

We all have our roles to play in this place. I did not come here to be a partisan person, though. That is not my style here, nor is it at home. I did not seek office in order to huddle in corners devising ways to embarrass people and ways that will divide Canadians. In my view, this will be the only result of this motion, for its intent does not seek the best in who we are as a country or as Canadians. This motion does not seek to strengthen the federation. It seeks to weaken our unity.

The fulfillment of the Atlantic accord is something I am proud of as both a Nova Scotian and a Canadian.

[Civil Marriage Act, March 21st, 2005]

Madam Speaker, I am very pleased to have the opportunity to speak to this important bill, the civil marriage act, here in Parliament where so many other historic debates have taken place in years past.

Many members have spoken about how difficult this decision has been for them and how much difficulty they have had during this process of discussion. This debate has occurred in many places, in our communities, our churches and our families. Now it takes place where it should, in Parliament, where legislation is subjected to its most legitimate and democratic test.

I was asked recently if I wished that the legislation, as emotional as it is, could have been avoided, and I said no. We do not stand for election to this historic and important place in order to make easy decisions, but to debate and decide those that most matter to Canadians. We come to this place to discuss difficult issues, to debate the merits, to make decisions and to make law.

In my view this is a law whose time has come. I am pleased to tell members why I feel this way, as I have discussed this with my constituents back home. For me, the discussion revolves around two basic principles. The first is the issue of justice and the Charter of Rights and Freedoms. The second is an issue of personal faith.

First, our Canadian Charter of Rights and Freedoms is something of which Canadians are justifiably proud. It guarantees that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination. I believe this bill follows that principle. I believe anything less than the right to marriage and the right to use the name marriage would be unlawful and would be unjust.

I also believe that it is right to protect religious freedoms and the bill clearly does that. How much clearer can it get than clause 3 of the act where it says:

It is recognized that officials of religious groups are free to refuse to perform marriages that are not in accordance with their religious beliefs.

I cannot imagine why that would be anything but clear in its protection of the rights of churches, synagogues, mosques and temples to choose whether or not to sanctify marriage. As well, the Supreme Court of Canada has indicated very clearly that Parliament must create uniformity of law across the country. This follows the precedent of eight other jurisdictions in Canada that provide equal access by same sex couples to civil marriage.

From the point of view of justice and the Charter of Rights and Freedoms, the answer is clear. This is a law whose time has come. I support the legislation because I think it is right and because it is both just and moral. It is consistent with both the Charter of Rights and with my own personal faith.

That is not to say that the issue has been without difficulty. Many people whom I respect greatly oppose my view, some in particularly strong terms. Though my view has never changed, I have struggled to find the words to express my strong support for the legislation. I found them in the words of Dr. Peter Short, the moderator of the United Church of Canada. He has expressed that the legislation does not represent an abandoning of faith, but rather an embracement of faith. He further reminds us that the literal interpretation of scripture has been used to justify actions that none of us would advocate: slavery, apartheid and the repression of women.

From my own faith, I take heart in the notion of informed conscience, that as Catholics we need to combine the teachings of the word with our own objective judgments and make wise decisions. This concept have been the tenet of many lives, including my late parents, of people who have made this world a better place. There are many people of faith who feel differently, but there are many who feel as I do and have indicated it to me. It does reinforce the importance of religious protections so clearly delineated in the bill.

I have had many telephone calls, written exchanges and visits with people who feel differently. I respect their right to their opinions and have in fact come to understand some new views of my own. I recall a meeting with a Baptist minister who strongly opposed my view but with whom I was honoured to share a prayer in my office, and I thank him for that privilege.

I must confess though that there is one concept with which I am simply unable to identify. That is the concept that extension of marriage rights to gays and lesbians diminishes marriage rights to others. I simply do not think or believe that the extension of rights to others diminishes our own. Why would it?

Why is it acceptable for those in our society who have committed the most egregious crimes against children, men who abuse their wives, murderers, war criminals and terrorists, that they can be married without diminishing the institution of marriage but gays and lesbians cannot? It does not make sense. Likewise, the idea that same sex couples cannot be a family is absolutely wrong.

There is much rhetoric on both sides of this argument. There are some who say that same sex couples are in fact better parents, more loving, understanding and more sensitive. I would simply suggest that there are both good and bad parents who are both homosexual and heterosexual.

I happen to be the godfather to a little girl who has two mothers. I can simply say without any fear of contradiction that no one would be better parents to Emily and her sister Rosie than her parents Jane and Vicki. They are a family in every respect and deserve to be recognized by their country and their fellow citizens as the family they are.

On every level, legal, personal experience, personal faith and family, I believe this is the right thing. It sits comfortably in both my head and my heart.

It does however leave one issue that troubles some people. Am I here to reflect my own views or reflect the majority view of my constituency? Leaving aside the fact that there is no clear way to know for certain the accurate view of my constituents short of a referendum on this issue, would it be appropriate for me to vote according to the majority view?

I have a responsibility to consult with my constituents actively and openly. I have done this and I will continue to do this. However at the end of the day I need to make a decision that I believe to be right and I will. I suspect it will cost me votes.

The only polling I have seen on this subject indicates feelings are mixed in Dartmouth—Cole Harbour on civil marriage, but those who oppose the bill are probably more inclined to vote against me rather than the reverse. This is democracy and I fully accept that fact.

However the fundamental issue of importance to me is that human rights and equality of minorities cannot be left to majority favour. Over the years, minority groups of every faith, race and sex have suffered at the hands of majorities. The fundamental principle of equality is the protection and even the enhancement of minority recognition and rights.

I support Bill C-38 for those reasons. I believe a time will soon come when we will look back on this debate with great national pride. The evolution of social justice, however, is seldom easy. I have respect for those who are uneasy with this legislation and I certainly hold no ill feelings.

I thank all my constituents who have expressed opinions. Nothing is more democratic or important. However the legislation passes every test for me, legally, morally and ethically. It affirms our Charter of Rights and Freedoms. It supports issues of equality and, most important, it feels right in my heart. This is a law whose time has come.

I support the legislation as introduced by the government.

[Coast Guard, March 8th, 2005]

Mr. Speaker, my question is for the Minister of Fisheries and Oceans.

Supporters of the Coast Guard in my riding and across Canada are delighted with the budget, providing a $276 million capital investment. John Adams, head of the Coast Guard, said that 10 new ships and the government's commitment is “a watershed moment for the Coast Guard”. I congratulate the minister for his leadership on this issue.

Will the minister indicate that this good news will become even better by having these new ships built in Canada by Canadian workers?