Élaine Michaud

[Technical Tax Amendments Act, 2012, February 27th, 2013]

Mr. Speaker, I would like to thank the member for his extremely important question.

I have a number of comments. First, I would like to say how important it is to address tax evasion. It is a question of justice and equality for each and every Canadian. These are honest people who are paying their taxes. We want to defend honest Canadians when it comes to employment insurance and the correct use of taxes. The NDP does not defend fraudsters; we defend those who are honest, no matter what the government says.

Allowing certain privileged Canadians to have benefits that none of us here could have is unacceptable, and the fact that they enjoy these benefits at others' expense is just as unacceptable. The government must act quickly.

Second, it is also extremely important that we bring that money back to Canada, to the government, so that we can provide the programs and resources that our people are calling for, that they deserve and that they need.

This government is making cuts in every department, except for the propaganda department, of course. We all have to listen to the half-truths that the government is spewing. It is spending millions of dollars on propaganda at taxpayers' expense.

It is making all these cuts, but it is never going to take in enough revenue to maintain what we have and improve existing programs. It is offering tax breaks to big business, letting people hide their money in tax havens, making cuts, lowering taxes and so on.

It has very little revenue, and it is not able to make the machinery of government work the way it should. And that is why it is so important to keep tax evasion in Canada to a minimum or eliminate it entirely.

[Technical Tax Amendments Act, 2012, February 27th, 2013]

Mr. Speaker, I thank my colleague for her very important question. In fact, the answer is simple: average people simply cannot make any sense of this.

It is hard enough for us as MPs to understand exactly what is included in this bill. It is so long and complicated and goes back such a long way that it is hard to know where things stand and what still applies.

It is just as hard for tax experts, business people and our various merchants. All these people who actively contribute to our economy and our global productivity are a bit lost and do not necessarily have all the necessary resources to contribute fully to our economy.

I find it rather surprising that the government, which boasts about being there for businesses, creating jobs and enhancing Canada's economic growth, is in this situation. Frankly, this is standing in our way. The government is counting on these people to grow our economy, create jobs and ensure that people have enough income to live well in this country.

[Technical Tax Amendments Act, 2012, February 27th, 2013]

Mr. Speaker, I feel especially privileged to have the chance to speak twice on Bill C-48, which amends the Income Tax Act. Not everyone has an opportunity to address this highly charged issue.

As I mentioned the last time, this bill is nearly 1,000 pages long and makes a number of very technical changes to Canada’s tax system, changes that have accumulated over more than a decade. It seeks to obtain official approval for the various technical measures that have been put forward by the Minister of Finance over the years, over more than 10 years now, in fact.

We in the NDP believe that the technical changes proposed in Bill C-48 will be good for the Canadian tax system and will generally reduce tax avoidance. This is why the NDP will be supporting the bill at second reading.

The NDP believes that, as parliamentarians, as the elected representatives of Canadians, we have a duty to do whatever we can to minimize tax evasion and get rid of loopholes in our legislation, to ensure that the government has all the resources it needs to provide Canadians with the government services and institutions that they depend on and, more importantly, that they deserve.

Because of the Conservative government's budgets, we are facing drastic service cuts that will affect the Canadians who need those services the most. Money that is in the system could be invested in our social programs and in the institutions Canadians depend on, such as the universal public health insurance system. Ultimately, we could even set up other programs. Instead of being used to benefit the most privileged among us, this revenue should benefit the whole of Canadian society. It is important to do everything we can to bring the money back into the system so that the government can use it.

It is all well and good to cut a little bit here, there and everywhere, but we must be able to generate the revenue we need so that we can maintain what we have achieved, improve and enhance existing programs, and then come up with new programs that meet the needs of Canadians. I think that if a government is not able to do this, it is not doing its job. Unfortunately, this is true of the current Conservative government. This is what the NDP will be changing in 2015, when it forms the government, of course.

Since the Conservatives would have us believe that they are good managers of public funds, I find it really surprising and very disappointing that they waited so long before doing what was needed to get the technical amendments in Bill C-48 through Parliament.

In fact, the most recent technical tax bill was passed in 2001. That is more than 10 years ago. By 2009, at least 400 technical amendments had still not been enacted.

Bill C-48 is huge, nearly 1,000 pages, and it clearly shows that this government must be more responsible in managing tax legislation.

It is absolutely unacceptable to penalize taxpayers and the business sector by perpetuating so much uncertainty and unpredictability in Canada’s taxation amendment process.

Furthermore, because the Conservatives are so slow, we are once again dealing with a massive omnibus bill and we have very little time to really study it and to examine the implications of its legislative measures.

It really is a shame that the Conservatives persist in using this strategy, which, frankly, hinders the work that we in the House must do, that is, to study and consider bills and their impact on the Canadian public. The fact that we are prevented from conducting our parliamentary work properly has a direct impact on Canadian democracy and Canadians’ trust in their elected officials.

At least things are a little better this time around because the Conservatives had the decency to combine a series of bills dealing with the same subject in Bill C-48. It is actually quite refreshing compared to Bill C-38 and Bill C-45, bills that sought to hide a raft of drastic and socially harmful changes in areas such as environmental protection, immigration, employment insurance, old age security and many more.

Despite all that, although tax measures are involved and it is all one subject, in general we are in favour of the bill’s content. However, the fact remains that we are dealing with a document that is incredibly long. We do not have much time to study the amendments, which are technical and relatively complex and merit careful study. A number of them have already been implemented by tax professionals, accountants and businesses, but some things are still not clear and should perhaps be given further consideration. Once again, we do not have an opportunity to do so, because this is an omnibus bill.

Every week, my constituents come into my office in Portneuf—Jacques-Cartier to tell me that they are tired of seeing these kinds of bills in the House, tired of seeing these huge documents and tired of seeing that their elected officials, whom they elected to represent them, are incapable of doing their job.

Canadians are fed up with the way this government operates. Things have to change and quickly. The government needs to stop dragging its feet and establish a truly efficient process for quickly and regularly enacting the technical amendments in the comfort letters issued several times a year by the Department of Finance.

I think the message is clear. I will repeat what a number of my colleagues have already said: we will be supporting the bill. However, we must ensure that a situation like the one we are faced with today will not occur again, and we must ensure that the government will present us with technical amendments on a regular basis so that we can do our job properly.

[The Senate, February 27th, 2013]

Mr. Speaker, Canadians work hard to support their families, and they expect their tax dollars to be well spent on programs that are accessible to everyone.

Canadians also expect those who manage public funds to be accountable. However, right now, Canadians are angry because they see that the Conservatives would rather pad their party's coffers with the help of their friends in the Senate than provide public services.

The Conservatives are attacking unemployed workers while proudly defending the real abusers of public funds—Wallin, Duffy and the others.

The Conservatives do not understand the reality of employment insurance. They know nothing about the economic reality in the regions. They think seasonal businesses are a nuisance.

The Conservatives are sending inspectors after unemployed workers to intimidate them, and they are making cuts to anti-gang squads. Meanwhile, senators are getting off scot-free. The Prime Minister himself is the one who is granting them impunity, and he has already absolved his senators, who are guilty of serious abuse, of any wrongdoing.

The Conservatives are cutting essential services but increasing the budget of the outdated relic we call the Senate.

In 2015, the NDP will put an end to this sad spectacle.

[Response to the Supreme Court of Canada Decision in R. v. Tse Act, February 25th, 2013]

Mr. Speaker, I would like to thank my colleague for that excellent question. Accountability is a very important issue, particularly in a bill such as this one. Even if this type of interception is used on a fairly limited basis, it undermines the fundamental right to privacy .

In this case, the right to privacy is undermined in exceptional circumstances, namely, to protect people's lives and to protect property from major damage. The police are given permission to do this, but they must still be closely monitored. Parliament must be informed of how often this type of method is used. We must be informed of the type of circumstances surrounding the choice to intercept any private communications.

This type of mechanism must be included in the bill in order to protect Canadians and to ensure that the measures we take to respect and guarantee public safety do not excessively undermine the fundamental rights of Canadians guaranteed by the Charter. Section 1 of the Charter allows us to override these rights when doing so is reasonable, but we must ensure that such is always the case, which is what will allow for accountability.

[Response to the Supreme Court of Canada Decision in R. v. Tse Act, February 25th, 2013]

Mr. Speaker, I thank my colleague for her excellent question. Unfortunately, my answer can be summed up in one word: arrogance. Since gaining a majority, the government has introduced the bills it wants and consulted no one, or next to no one. It may consult those who share its opinion.

However, the opposition's concerns, whether they are those of the public or of members of other parties, are not considered. We spent months hearing about Bill C-30 and trying to debate and improve it. The public and various opposition party members have clearly told the government about problems with the bill, but the government decided that it was right and that, because it has a majority, it did not need to worry about the opposition's opinion.

That is the situation today, 19 parliamentary days before the deadline set by the Supreme Court. We are still debating this bill, which should have been introduced months ago. Bill C-30 should have been abandoned or shelved a long time ago, and we should have taken up the task together. That was not done and that is why we are in this problematic situation today.

[Response to the Supreme Court of Canada Decision in R. v. Tse Act, February 25th, 2013]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-55, a Response to the Supreme Court of Canada Decision in R. v. Tse Act.

This bill amends the Criminal Code to provide safeguards related to the authority to intercept private communications without prior judicial authorization under section 184 of that Act.

Bill C-55 requires the Minister of Public Safety and Emergency Preparedness and the Attorney General of each province to report on the interceptions of private communications made under section 184.4; provides that a person who has been the object of such an interception must be notified within a specified time, which is currently done only where charges are laid; and narrows the class of persons who can make such interceptions.

This bill updates certain provisions of the Criminal Code relating to wiretaps that were enacted in 1993. The updating was ordered by the Supreme Court in R. v. Tse, in which it held that section 184.4 of the Criminal Code was unconstitutional and had to be amended by Parliament no later than April 13, 2013. The deadline is fast approaching.

In that case, the Supreme Court found that this section infringed the right to be protected against arbitrary searches and seizures, a right guaranteed by section 8 of the Canadian Charter of Rights and Freedoms, and was not a reasonable limit within the meaning of section 1 of the charter. That decision is based on the fact that section 184.4 of the Criminal Code does not provide a mechanism for oversight and does not require that notice be given to persons whose private communications have been intercepted.

Bill C-55 is a somewhat desperate last-minute attempt by the Conservatives to comply with the instructions from the Supreme Court by the deadline given. I say “last-minute” because as of today parliamentarians have exactly 19 days left in which to pass Bill C-55 at second reading, examine it in committee, pass it in the House and then repeat the process in the other place, before it ultimately receives royal assent and comes into force as the law in Canada. That is very little time for such an important bill, which could have negative consequences for too many Canadians if we do not take the time to analyze it thoroughly.

I can understand why, after falling flat on their face with Bill C-30, the Conservatives would be somewhat nervous about the idea of considering the electronic surveillance issue again, or indeed any issues relating to potential breaches of Canadians’ privacy, but bill C-55 ought to have been introduced long ago.

Perhaps the Conservatives were trying to minimize the Minister of Public Safety's opportunities to insult potential opponents of Bill C-55. Who knows?

In any event, the NDP believes that it is an initial step in the right direction, and that is why we will be supporting Bill C-55 at second reading so that it can be studied in committee.

As I mentioned earlier, this bill would make important and essential amendments to the Criminal Code to make section 184.4 consistent with the Constitution by adding a number of safeguards as directed by the court.

The NDP has been asking the government to take action for a long time in order to act on these recommendations. From this standpoint, we would like this bill to move on to the next stage. It is essential for the investigative measures provided in any bill amending section 184.4 of the Criminal Code to have oversight and accountability mechanisms that protect the privacy of Canadians.

I am aware of the fact that it is sometimes necessary to put aside individual privacy to protect human lives and property from serious and imminent harm.

On the other hand, one cannot simply cast aside the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms.

The Supreme Court of Canada has established new parameters to protect privacy. We expect Bill C-55 to comply with these new criteria.

However, analysis of the defunct Bill C-30 and its stinging failure makes it obvious that the Conservatives need to rethink their approach to privacy and personal information.

A close look at the Conservatives’ agenda in this area demonstrates clearly that Canadians have good reason to be worried about any government bills on wiretapping and privacy.

My New Democratic colleagues and I are aware of the public's concerns about wiretapping, and we share them.

When Bill C-55 is studied in committee, the NDP will work, as we always do, on behalf of all Canadians to guarantee respect for the rule of law, the Constitution and the Canadian Charter of Rights and Freedoms.

We want to ensure that Bill C-55 is in compliance with the Supreme Court’s decision in R. v. Tse to make section 184.4 of the Criminal Code constitutional and to achieve the necessary balance between personal freedom and public safety.

I invite my Conservative colleagues on the Standing Committee on Justice and Human Rights to work with the NDP to improve Bill C-55 to guarantee respect for the fundamental rights of all Canadians as set out in our charter.

We know that it is sometimes difficult in committee to get support for opposition ideas. However, this time, we all agree on the basic idea that the Criminal Code needs to be amended to comply with the Supreme Court directives. There are people with impressive legal expertise in every party. They understand this issue and have suggestions to make to ensure that public safety in this country is a given for everyone, but that people's fundamental rights are also guaranteed.

It is important that all of the parties work together on this task so that the end result will truly protect us by keeping Canadians safe from terrorist attacks and any other wrongdoing. However, we need assurance that personal rights will be respected as well.

The Conservatives do not need to get caught up in hyper-partisan debates, as they did when they introduced Bill C-30. There is no need for rhetoric and no need to label people as child pornographers—as the Minister of Public Safety did during debate on Bill C-30—if they dare raise the issues that remain in Bill C-55. They also do not need to wait for public and political pressure to get to the point where the government has no other choice but to abandon its own bill, as it did with Bill C-30.

After that huge debacle, I would hope that the Conservatives have finally learned their lesson and that they will be willing to work with members of the official opposition and the third party to fix enduring issues in the Criminal Code of Canada.

We in the NDP share the government's desire to maintain and ensure public safety, but we also care about respecting the principles of the Charter of Rights and Freedoms in every bill that is passed in this House. Unfortunately, that does not always seem to be the case with this government, which would rather be called to order by the Supreme Court after introducing its bills, rather than legislating proactively and ensuring that its bills are constitutional before introducing them in the House.

This government could benefit from the advice and opinions of the opposition in order to ensure that Bill C-55 complies with the Supreme Court decision in the R. v. Tse case. I hope the government will be more open than it typically has been since winning a majority.

I heard many of the speeches given by my NDP and Liberal colleagues. They all regard this bill from more or less the same perspective, specifically, that it addresses something that has been a serious problem in the Criminal Code since 1993, but has never been resolved, not by past Liberal governments or by the Conservative government.

Now we have a makeshift bill here today that was introduced at the last minute to satisfy a court requirement. However, this bill was not necessarily 100% well thought-out and not all possible consequences have been considered. There is still some work to do.

We come here with a very open mind. We support this bill at second reading so that it can be improved at committee in order to ensure that it respects the criteria for the protection of privacy set out by the Supreme Court. That is the objective of all of my colleagues, including those who are members of the Standing Committee on Justice and Human Rights and those on other committees. It is the objective of the third party.

I hope we will achieve this objective together through our work in committee, and I look forward to seeing the new version that results from our examination.

[Technical Tax Amendments Act, 2012, February 15th, 2013]

Mr. Speaker, I must admit I am very disappointed to learn I will have so little time to talk about a matter that so fascinates people, as I have seen here today. However, I will nevertheless add my voice to those of my colleagues in speaking about Bill C-48, a new bill nearly 1,000 pages long that makes many highly technical changes to Canada's tax system, changes that have been piling up for over a decade.

As I have mentioned several times in this House, most of the changes contained in Bill C-48 have been announced over the 11 years since the most recent technical bill was passed in the many news releases and comfort letters of the Department of Finance and in the budget. These amendments have been brought into effect, but they have not been made the subject of a technical bill. Now the government seeks to enact them all more officially.

In addition to the measures we already know of, Bill C-48 introduces three new measures never previously announced. First of all, it repeals certain tax restrictions to assist labour-sponsored venture capital corporations in addressing some transitional problems. It amends the formula for allocating the taxable income of airline corporations to ensure that taxable income stays in the provinces or territories where those corporations are permanently established. It also provides for the implementation of a measure respecting the tax treatment of shares owned by short-term residents of Canada for departure tax purposes.

We in the NDP believe that the technical changes this bill will make to Canada's tax system will be beneficial and will generally have the effect of discouraging tax avoidance. That is why we will support this bill on second reading.

Tax avoidance is a problem often criticized by people across the country, particularly in my riding of Portneuf—Jacques-Cartier. These are honest taxpayers who pay their taxes and who see more privileged Canadians benefiting from privileges to which honest Canadians who pay their taxes do not have access. They want their members of Parliament to address this problem.

As representatives of these people, we have the responsibility to do everything it takes to minimize tax evasion and eliminate loopholes in the legislation. We must ensure that the state has all the resources necessary to guarantee that Canadians have the services and public institutions they depend on and deserve.

The Conservatives are offering all sorts of tax cuts and tax credits to oil companies without expecting anything in return. They are forfeiting revenue that the state needs and are never able to cut spending enough to lower the deficit. The Conservatives are using smoke and mirrors every day. They want us to buy the ridiculous idea that they are good managers of public funds, but they are unable to effectively and regularly implement the new tax measures that they are proposing to improve Canada's tax laws.

It is essential that the government quickly considers this problem and takes an effective approach to enact these technical amendments and thereby eliminate the confusion and uncertainty surrounding the current system. It is important for taxpayers, businesses and tax experts.

The government must act quickly to remedy this situation, which is problematic in a number of ways. We want Canadian businesses to be competitive so that they can perform well on world markets. They must have a clear understanding of the tax laws in effect and access to up-to-date information as quickly as possible. That is what we are asking from the government.

That is why we are going to support the bill at second reading; however, there is still work to be done. This government must do the work quickly in order to help all Canadian taxpayers and businesses.

[The Senate, February 15th, 2013]

Mr. Speaker, when the former Reformers look in the mirror and see Liberals, they must feel a little queasy.

In the 1990s they were on their high horses, calling for change in Ottawa. There were too many partisan appointments, too many members of Parliament taking liberties. There was too much of the Liberal culture of entitlement, not to mention their aversion to the Senate.

“Too expensive,” said some. “Undemocratic,” added others. “A relic of the 19th century”, added the Prime Minister, who was an ordinary member of Parliament at the time and still had some principles.

Alas, many years later, they have settled in comfortably and their principles have flown out the window. Now they fight tooth and nail in defence of Senator Wallin and her enormous spending—at taxpayers' expense—on travel to campaign for the Conservative Party.

The senator from Nunavut has a phony residence, but he is exempt because the Senate is a “complex file with many facets”. No wonder even Conservative Senator Hugh Segal is calling for a referendum on the future of the Senate. He admits himself that the Senate has no legitimacy.

We in the NDP are clear: we will abolish the Senate. And, unlike the Conservatives, we will keep our promise.

[Petitions, February 13th, 2013]

Mr. Speaker, I, too, would like to table a petition in support of Bill C-400, which would ensure that all Canadians have access to secure, adequate, accessible and affordable housing. The housing problem is acute in my riding, Portneuf—Jacques-Cartier.

The need is great in every part of the country. The time has come for government to act and develop a housing strategy. That is what the petitioners are asking for.