Carole Freeman

[Emergency Preparedness Week, May 7th, 2008]

Mr. Speaker, today I would like to highlight the 13th annual Emergency Preparedness Week. This week serves as a reminder of the importance of being prepared for emergencies or accidents. This year, the objective is for citizens to be able to cope on their own for at least the first 72 hours of an emergency.

In Quebec, civil security is a responsibility shared by citizens, municipalities, businesses and the government. On this occasion, I would like to pay tribute to the laudable and exemplary efforts of the firefighters, all members of police services, and the St. John Ambulance and Red Cross volunteers who help keep Châteauguay—Saint-Constant safe.

Our community is lucky to have such competent organizations to support and maintain its unique environment. Since it is Emergency Preparedness Week, let us take the time to honour the courage and determination of the members of these organizations and to thank each one of them for the work they do, which can often make a difference during the most difficult times.

[Justice, April 17th, 2008]

Mr. Speaker, yesterday, the U.S. Supreme Court authorized the resumption of executions, ruling that lethal injection is constitutional. With the lifting of the moratorium on the death penalty, which is cruel and unusual punishment, it is more urgent than ever that the government request that the death sentence facing Canadian Ronald Allen Smith be commuted to life in prison.

Will the government finally intervene with the authorities in Montana?

[Criminal Code, April 16th, 2008]

moved that Bill C-384, An Act to amend the Criminal Code (mischief against educational or other institution) be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure that I will be speaking today about my private member's bill C-384 at second reading. This is my first ever private member's bill in the House, and I am very proud of what it contains and its message. I am sure that my distinguished colleagues will understand the importance and scope of this bill and that, ultimately, they will support it.

Bill C-384 amends the Criminal Code to create a new offence to prohibit hate-motivated acts of mischief against an identifiable group at an educational institution. The term “educational institution” would cover a range of institutions or community places, such as a school, daycare centre, college, university, community centre, playground, sports centre and many others.

There are two fundamentals elements we must take note of. The first is the fight against hate crimes. The second is the protection of places recognized as belonging to identifiable groups. In my opinion, these are two very laudable goals that will benefit all of our communities both on the social and cultural level.

I want to start off by saying that we live in a society known for its openness to the other and to difference. Our tolerance is the envy of the world. It is reflected in the social harmony underpinning all of our communities. However, there will always be people or groups seeking to disturb that social harmony, to spread base, degrading intolerance.

In general, they carry out their plans using the vilest, most reactionary ideas and actions imaginable. Studies have looked at hate crime activity nationally. One of these, the Department of Justice's 1995 study, showed that 61% of 1,000 hate crimes reported to police were perpetrated against racial minorities. That same proportion showed up again in another study conducted in 2002.

Offenders' second favourite target is religious communities, and these crimes are typically committed by anti-Semitic groups.

The third and fourth most common motives for hate crimes were sexual orientation and ethnic origin. According to several studies, individuals' reasons for committing hate crimes are varied.

I am more concerned about some of these reasons because they can easily result in mischief against educational institutions. Many people consider minorities to be scapegoats for ills that befall people and society. Others express their resentment of a minority's economic success. Some have inherited hatred and animosity from previous generations. Sadly, mischief-makers think that they have their society's tacit consent.

Nevertheless, we already have some legislative provisions to counter this kind of harmful behaviour. Initially, the definition of hate crime could be found in the sections in the Criminal Code on hate propaganda, sections 318 and 319, to be precise, which address advocating genocide, inciting hatred and wilfully promoting hatred against any identifiable group. The definition of “identifiable group” includes any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.

In 1996, section 718.2 was amended to allow the courts to increase a sentence where an offence was “motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor”. Thanks to this amendment, the courts can now consider hate an aggravating circumstance.

Section 430(1) of the Criminal Code pertains to the general offence of mischief and prohibits damage to property. Section 430(4.1) covers a subcategory of the offence of mischief: mischief relating to religious property such as churches, mosques and synagogues. But is this enough to protect identifiable groups?

Some might be tempted to believe that hate crimes against educational or cultural institutions are infrequent or are committed by only a handful of individuals in a specific area.

But when we read the headlines, we see that more and more acts of violence are targeting schools and community centres.

I would like to share three recent examples with my colleagues.

On August 28, 2007, the Euclide-Lanthier elementary school in Aylmer was the target of a hate crime when one or more vandals covered one wall of the school with two anti-francophone and homophobic messages. The parents were shocked and disappointed that people would write such things on their school. They rightly believe that their children do not need to read such crude language.

On July 18, 2007, the third fire in two weeks broke out at a Jewish summer camp in Val-David, adding to the group's concern. One or more suspects broke into five homes in this community and tried to set them on fire. They succeeded in completely destroying one and damaging at least two others.

On September 3, 2006, a Molotov cocktail was thrown into a Jewish school in the Outremont area of Montreal. For the second time in less than two years, a Jewish school in Montreal was the scene of a criminal act. In April 2004, a youth had targeted the library of the United Talmed Torahs elementary school in the Ville Saint-Laurent area of Montreal.

My colleagues will notice that I am using examples from Quebec to show that even a society as multicultural as ours, which has a low crime rate compared to the rest of North America, is no exception to the rule. Thus the need to create an additional offence specifically to address mischief against certain categories of buildings used or occupied by an identifiable group of persons.

Citing all the incidents that have occurred across Canada could have been a speech in and of itself, but that is not the purpose of my speech. I want people to understand the need to create this new offence against the educational institutions of identifiable groups. In my opinion, this would add another building block to tolerance and respect for our differences.

Second, the relevance of my bill is not just based on facts alone. It comes from a specific request from a number of organizations that defend identifiable groups. I am referring in particular to the Canadian Jewish Congress, which has been calling for this change to the Criminal Code for five years.

The need for this change has resulted in widespread support for my bill from groups and agencies from all walks of life. Promoting hatred against people is denying them a certain value as human beings and denying them the respect and dignity they deserve.

I want to acknowledge the support I have received from the Canadian Jewish Congress, whose director of intergovernmental relations, Éric Vernon, told me that more than 1,000 acts of anti-Semitism were committed in 2007 alone; Laurent McCutcheon, president of Gai écoute, who indicated that the gay community is still the target of aggressive behaviour and vicious comments; the president of Médias Maghreb, Lamine Foura, who pointed out that the Muslim community is a regular target of violence by certain individuals, as evidenced by the deplorable acts of vandalism committed in January 2007 against a Muslim school in Montreal; Dan Philip, president of the Black Coalition, who would like stronger legislation to allow all minority groups to live in peace without fear of threats and violent actions committed to intimidate them; and finally, Algonquin Chief Stephen McGregor, who told me about a sad incident involving an aboriginal cultural centre in Maniwaki, which was the target of racist graffiti.

But apart from organizations that defend the rights of identifiable groups, I am pleased to have received the support of two members who are well known for their fine contributions to the work of Parliament, the hon. member for Notre-Dame-de-Grâce—Lachine and the hon. member for Windsor—Tecumseh. I greatly appreciate their support, which demonstrates the solidarity that parliamentarians can enjoy when a cause deserves to be moved forward.

This strong support surrounding the need to amend the Criminal Code to combat hate crimes more effectively says a lot. It shows us that we need to act as quickly as possible so that the Criminal Code can reflect the needs of our communities as much as possible. I would remind the House that, basically, hate crimes cause disproportionate harm to the individual and the entire group he or she identifies with. Let us imagine for a moment all the psychological harm caused by the destruction of a community space linked to one's identity.

This largely demonstrates why crimes motivated by hate are often more violent than crimes committed with other motives.

Most importantly, hate crimes invariably cause collateral damage to our communities. That is perhaps the most devastating consequence, because it leads to division within our communities.

As I was saying earlier, in a society like ours, we expect all groups to live together in harmony and equality. From that perspective, hate crimes are an abomination that literally deny all the fundamental values we espouse.

I will close by reiterating that Bill C-384, by creating a new offence involving mischief against educational or other institutions, will send a clear message that our society does not tolerate acts of violence against places that are occupied by or used by identifiable groups. That goes for all groups, without exception, including homosexuals, Muslims, Jews or any other group.

In short, we will send a message that we, as parliamentarians, will not tolerate violent acts motivated by the hatred of one group or community. This new offence will allow us to punish not only the material damage to the building, but above all the morally unacceptable nature of the feeling of hatred that motivated such action towards an identifiable group.

Moreover, Bill C-384 provides a perfect opportunity for the Conservative government to turn words into action. Recently, I was reading some of the Minister of Public Safety's news releases. Every time he visited an institution which was the target of a hate crime, he expressed his indignation and his sympathy for the affected community. Unfortunately, his government has not yet done anything to curb this kind of mischief.

The time is now. He should take this opportunity to act on his ideas. My bill addresses the problem he himself has condemned. All I am asking for is his government's strong support in order to move this bill through the legislative process quickly.

Communities whose educational institutions have been affected by malicious people will always be able to count on the Bloc Québécois and its members to understand their concerns and fight for them.

I would therefore invite all of my colleagues and all parties to wholeheartedly support my bill. This is a step in the right direction. It supports our sense of openness and confirms loud and clear that we believe in the benefits of harmonious social integration.

[Justice, April 16th, 2008]

Mr. Speaker, Pro-Life is boasting that Bill C-484 is a triumph that could recognize fetal rights. It is very clear that the Conservatives' old reformist slant is resurfacing, and that it was with an eye to an election that the Prime Minister did not show up to vote on the second reading of this bill.

Why is the Minister of Justice allowing the debate about a woman's right to abortion to be re-opened via the back door and under false pretenses?

[National Victims of Crime Awareness Week, April 15th, 2008]

Mr. Speaker, this week highlights the importance of public awareness towards victims of crime. Communities across the country will hold meetings on the effects of crime on victims and will discuss the most effective ways to help them.

Victims often feel hopeless after a crime has been committed against them. Parliamentarians must respond with legislation, but we must also have cooperation from the public to make our actions effective and to support our fight against crime.

I therefore reaffirm the Bloc Québécois' unfailing support for victims of crime. Unlike the Conservatives, who simply want to stamp out crime through repression, we believe in the established benefits of rehabilitation and awareness. It is through such means that we will, I hope, achieve greater social justice for all of society.

[Controlled Drugs and Substances Act, April 15th, 2008]

Mr. Speaker, I thank my distinguished colleague for her question and especially her comments. This bill does reflect a certain openness, because if offenders complete their treatment, this could be considered a mitigating factor and reduce their sentence.

My colleague is concerned that this bill increases penalties, that the war on drugs is punitive and repressive and that, in terms of treatment, these people do not have the physical, financial or other support they need to overcome their addictions.

Clearly, this is a question of approach. The Bloc Québécois and Quebec very much favour rehabilitation over repression. As you know, Quebec has the lowest crime rate of all the provinces.

Our track record shows that we try to attack the source of the problem. When problems arise, we try to put in place mechanisms to help and support our young people and inmates so that they can get the rehabilitation they need. We prefer this approach to repression.

Our track record in Quebec shows that this method works. When a method works and has proven beyond any doubt to be successful, with statistics to back it up, when a model is this effective, I do not understand why others do not use it.

I invite the Conservative Party to look at Quebec's approach. The Conservatives could see where they should be investing money, instead of building prisons, increasing minimum sentences and bringing in all sorts of repressive measures.

This bill does open the door to rehabilitation, and I congratulate the Conservatives on that. However, the Conservative ideology is truly a repressive ideology that is not a recipe for success, in my opinion. In countries such as the United States that have used crime repression methods such as building more prisons and increasing minimum sentences, the crime rate has not gone down.

Logically, we need to invest much more in mechanisms to help young people in particular, because this bill targets them. They are affected most by drugs. That is where we need to invest our energies. That is our responsibility as parliamentarians.

[Controlled Drugs and Substances Act, April 15th, 2008]

Mr. Speaker, I have 13 minutes. Last time, I was interrupted in the middle of my speech, so I will continue where I left off.

Before the debate on Bill C-26 was interrupted, I was saying how heavily this bill relies on harsher minimum penalties and I was talking about the supposed deterrent effect of these penalties. I will repeat that this has more to do with the Conservatives' repressive ideology than with the rehabilitation approach preferred by the Bloc Québécois.

Now, to resume debate, I will speak about the one positive element in Bill C-26. This bill enables a judge, with the consent of the prosecutor, to order the offender to participate in a drug treatment program. If the offender successfully completes treatment, the court is not required to impose the minimum punishment. This can be found in subclause 5(2) of the bill.

This approach seems promising, and is a change from the Conservative government's approach of wanting to deal with crime using harsher minimum penalties.

If drug offences must be harshly punished, we must also consider alternatives to minimum penalties, since this approach does not allow for rehabilitation. This is why we must carefully examine Bill C-26, so we can be sure that the principle of rehabilitation is still there and that it is effective.

For example, I found out from some Statistics Canada data that adult offenders who have served their time under supervision in the community are far less likely to return to the correctional system within 12 months of the end of their sentence than offenders who have served their time in a correctional institution. That fact must be taken into account.

But my analysis does not end there. We have to consider the fact that illegal drug convictions typically affect young people. About 2.5% of those between the ages of 15 and 24 are addicted to illegal drugs, compared with less than 0.5% of people over 35.

As a result, Bill C-26 could end up punishing relatively more young people. As legislators, we have to ensure that our young people can benefit from effective rehabilitation options. Why? Because prison has always been and will always be crime school. Prison is the kind of place where young people cannot help but become deeply resentful of society. That is why this clause in Bill C-26, which opens the way to rehabilitation, is so important.

That is why we have to study this bill and its new mechanisms thoroughly to ensure that the principle of rehabilitation remains intact and effective without undermining the fight against drugs.

In conclusion, I believe that Bill C-26 is not without merit. However, there are legitimate concerns about what it seeks to achieve. For example, when I read the text of the bill, I was very concerned about some of the aggravating factors, such as when the accused has used a building belonging to a third party to commit the offence. Why would the same offence be that much more serious when committed in a rented house than in a house belonging to the accused? Why would it be more serious in an apartment than in a condo, even if the two are located in the same building?

Despite the fact that we are against this bill in principle for the reasons I mentioned earlier, the Bloc Québécois will support Bill C-26 at second reading so that it can be studied in committee. In my opinion, as I have said several times in this House, if we really want to fight crime, the first thing we have to do is fight poverty, social inequality and exclusion.

[Judges Act, April 14th, 2008]

Mr. Speaker, I am very pleased to rise today to speak to the debate on Bill C-31, An Act to amend the Judges Act, at third reading.

Bill C-31, if passed as is, would make it possible to appoint more judges to the provincial superior courts. This would mean 20 judges more than the current limit.

The purpose of increasing the number of judges is to improve the flexibility of the legal system so that superior courts can handle the many cases for which they are responsible, as quickly and efficiently as possible. Moreover, it would allow judges from superior courts to be assigned to the new specific claims tribunal, which was created by the Specific Claims Tribunal Act.

Bill C-31 is necessary because the number of judges provided for under the Judges Act has not changed for years. Accordingly, the act does not take into account the population increase and the resulting new social realities, including divorce, and the increasing complexity of some cases. These factors have caused delays in the legal system that penalize citizens.

This bill is a necessary update to accelerate and improve provincial legal systems. It makes sense, which is why this bill was recommended without amendment by the Standing Committee on Justice and Human Rights.

That being said, beyond good intentions, it is important to point out that Bill C-31 will never successfully cover up two major problems concerning justice that are of grave concern to me, that is, the judicial appointment process and the elimination of the court challenges program. Any citizen who cares about having an impartial, efficient judicial system deserves to know about this government's questionable intentions on these two issues.

Regarding my first concern, I would like to emphasize the subjective nature of the judicial appointment process. I have talked about it on several occasions during past speeches. It is such a major problem that it could compromise the desired effects of Bill C-31. I would remind the House that, since being elected, this government has always said it would rather get tough on crime than prevent it. Bill C-31 is nothing more than a slight blip in an ideology that advocates penalizing and imprisoning as many people as possible as the only way to reduce crime.

First of all, I will provide some context by saying that judges are appointed by the government from a list made by a judicial advisory committee whose members voted for the candidate they deem best qualified.

Before the changes made by the Conservatives, the advisory committees had seven members. Out of seven evaluators, four members were politically independent, in other words, there was a representative from the Canadian Bar Association, another from the bar of the province concerned, a representative of the provincial department and, finally, someone to represent the judges. The three other members, appointed by the federal Department of Justice, came from the public. These individuals frequently subscribed to the ideas of the government of the day.

It is important to realize that, as it turned out, the federal government was in the minority on that committee and therefore could not impose a candidate. Nevertheless, the Conservative government was not happy about this situation because it would have had a hard time passing its political “law and order” agenda for justice. So without consulting the legal community, this government unilaterally decided to change the makeup of the advisory committees in the following manner.

First, in addition to the three members of the public, it decided to appoint a police officer, thereby ensuring that four members would be government supporters. Then the judges' representative was denied the right to vote except to break a tie. This means that the government has a majority on these committees and is able to impose its repressive law and order ideology with ease. I believe this is blatant disregard for the entire legal community and clearly shows a shocking lack of faith in the judicial system and the recognized professionalism of judges.

I would like to draw to my distinguished colleagues' attention to the results of The Globe and Mail 's investigation into the matter, published on February 12, 2007, which showed that, apart from the police officers, no fewer than 16 of the 33 individuals appointed to 12 advisory committees were connected in some way to the Conservative Party. This is not a mistake; we are talking about half the candidates. Coincidence? Unlikely. The newspaper revealed a number of cases where the connection was extremely clear.

The members of the Bloc have been saying for a long time that we can hardly wait for the day when partisanship no longer plays a role in judicial appointments and independent committees will choose the most competent judges.

As for my second concern, the government used the excuse of budget cuts to government operations—even though they had a $10 billion surplus—to eliminate the court challenges program, which was cherished by minorities that wished to defend their fundamental rights. That program was created to put individuals and citizens' groups on a level playing field when going to court against a government they felt was is interfering with one or several of their constitutional rights.

When citizens must take the government to court to seek justice, the latter has a slew of lawyers at its service, while ordinary citizens must use their own savings to defend themselves. Since court costs are huge, these people could rely on the court challenges program to balance things out.

With this completely unjustifiable budget cut, the government is showing us, yet again, that its vision on legal matters is narrow and shortsighted and has nothing to do with the word “efficiency”. One thing is certain: the abolition of the court challenges program violates at least five laws or provisions of the Constitution. Before making such a huge decision, the federal government should have consulted with the interested parties, the minorities affected.

But, as is the case with the judicial appointment process, the Conservative government did not consult anyone before shamefully eliminating a program that had proven effective, all to save a mere $5.6 million out of an annual budget of $283 billion. Many organizations have harshly criticized this cut, and rightfully so.

It is clear that the court challenges program was abolished for purely ideological reasons. I think that the Conservatives do not care one bit about minority rights. I feel strongly about this because I am a staunch defender of human rights, as shown by my Bill C-384, which will soon be debated in this House.

It seems as though the Conservatives are discomfited by minority groups such as disabled persons and gays, and by immigrants' rights organizations, women's rights organizations, and all organizations that defend minority groups.

I stated that the court challenges program has proven its effectiveness not only by defending minority rights, but also in the context of common law, by providing jurisprudence. I will provide a recent example of its effectiveness so that everyone will understand how important this program is.

On April 11, the Supreme Court ruled in favour of Marie-Claire Paulin and the Société des Acadiens et Acadiennes du Nouveau-Brunswick, stating that the Royal Canadian Mounted Police must offer its services in both official languages across the entire province of New Brunswick. The RCMP, as a federal institution, was only required to provide services in the minority language in areas where numbers warrant. In her comments about her lawsuit, which has taken eight years, Mrs. Paulin clearly stated that she would not have been able to take her case all the way to the Supreme Court without the help of the court challenges program.

This is the program that the Conservatives have eliminated. Without this opportunity, this woman would have had to have been content with unilingual English service in her own province. This is the sad vision being offered to us today, which greatly concerns me. But the people can always rely on the vigilance and efforts of the Bloc Québécois to make the government understand that this situation is wrong and that they should reverse their decision.

I would like to conclude by saying that if one puts the aforementioned concerns into perspective—the political machinations involved in appointing judges and the elimination of a program as important to minorities as the court challenges program—one cannot help but question this government's real intentions when it comes to justice.

Exactly how will Bill C-31 be able to meet the demand when the intent is to punish rather than prevent? On the one hand, we can expect the legal system to become overburdened very quickly. On the other hand, having more judges will not make a difference if citizens do not have the means to exercise their rights. In my opinion, Bill C-31 is nothing but a drop of good intention and effort in an ocean of ill-conceived punitive approaches.

Nevertheless, the Bloc Québécois will support Bill C-31 so that it can go through the legislative process. All the same, the problem remains: partisanship will always play a major role in the selection of judges regardless of the total number of judges on a superior court.

The Bloc Québécois will always continue the fight to eliminate partisan appointments to the bench. It will do all it can to help the people get truly independent committees whose judge appointment processes ensure that the most competent people are chosen. The Bloc Québécois has also always been extremely supportive of the court challenges program. The government's lack of sensitivity on this issue is inconceivable, as is the fact that it is so out of touch with the needs of our community.

We will do everything in our power to ensure that the government understands that when it comes to justice, it is headed the wrong way. It is even contradicting Quebec's approach, which has often put the lie to the Conservatives' ideological shortcuts and preconceived notions.

We will always be there for Quebec.

[Justice, April 10th, 2008]

That was not my question, Mr. Speaker. We are talking about sex tourism abroad.

Given that Canada has to rely on foreign governments to assemble the evidence needed to support charges, can the Minister of Justice tell us what he plans to do to improve coordination with foreign institutions to clamp down on Canadian sex tourists?

[Justice, April 10th, 2008]

Mr. Speaker, a study came out showing that Canada is one of the worst countries in the world when it comes to enforcing its child sex tourism law. According to the study, for lack of evidence, only 146 people were charged with assault against children in foreign countries between 1993 and 1997. Donald Bakker was the only person convicted since 1997 on 10 counts of sexual assault against young girls in Cambodia.

Can the Minister of Justice tell us what he plans to do to rid the world of this scourge?