Rick Dykstra

[Liberal Party of Canada, April 18th, 2007]

Mr. Speaker, I want to mention the top five reasons why democracy is dying in the Liberal Party.

The fifth reason is that since the Liberal Party chose its new leader, 14 Liberal members have announced that they are not running for him in the next federal election.

The fourth reason is that the leader of the Liberal Party punted the member for Thunder Bay—Superior North out of his caucus because the member supported the federal budget.

The third reason is that the leader of the Liberal Party is starting his own red green comedy show and is not running a candidate in Central Nova as a result of his backroom deal with the Green Party.

The second reason is that a number of Liberal candidates want to run for the Liberal Party in the riding of Westmount—Ville-Marie, but the Liberal leader has said no to democracy and is appointing his own hand-picked candidate and, Mr. Speaker, in at least four other ridings in Quebec, you guessed it, they are hand picked.

But the number one reason that democracy is dying in the Liberal Party is that in the riding of Niagara Falls, the only candidate the Liberals could find to run against our beloved justice minister will not be nominated after all because he was arrested and charged with fraud.

[Hazardous Materials Information Review Act, March 29th, 2007]

Mr. Speaker, it is a pleasure to support Bill S-2, An Act to amend the Hazardous Materials Information Review Act.

The Hazardous Materials Information Review Commission which operates under the act being amended is part of a joint effort of the federal government, the provinces, the territories, industry and organized labour to protect the health and safety of those who are going to be working with hazardous materials. The primary objective of these amendments is to speed up the process of getting the information needed to handle hazardous materials safely into the hands of workers. This will of course enhance the protection of their health and their safety.

There have been extensive consultations on these amendments with all stakeholders, including organized labour, employers using hazardous materials in their operations, suppliers of hazardous materials and finally, all provincial and territorial governments. I can assure you, Mr. Speaker, that they are all in full support of the legislation.

The commission is part of the workplace hazardous materials information system, WHMIS. The system was set up in the early 1980s to establish an integrated mechanism to provide workers with the information they need when they use hazardous materials safely. It is supported by industry, by organized labour, by the federal government, and by all provincial and territorial governments.

When WHMIS was established, industry had a concern that there would be circumstances in which the full disclosure of all information on the hazardous ingredients in a product would betray a trade secret. That is a fair point because this would result in a potential loss of competitive advantage to the company holding the trade secret and either a financial loss to that company or a potential financial gain to its competitors.

In order to address this issue, the Hazardous Materials Information Review Commission was established under the Hazardous Materials Information Review Act. The commission is a unique agency in several ways.

First, it is the only organization that has the authority to provide an exemption from disclosure of trade secret information related to hazardous materials used in the workplace.

The second part of its mandate is that it balances its function of protecting trade secrets with a direct responsibility to ensure that complete and accurate information is provided to employers using these products because the workers are actually going to be handling these materials.

Third, the act establishes an independent appeals process through which the decisions of the commission can be challenged.

Finally, the commission carries out its responsibilities for the protection of trade secrets and just as important, ensures that workers have the health and safety information they need, on behalf of the federal, provincial and territorial governments to do their work.

The commission's authority for carrying out these responsibilities on behalf of provincial and territorial jurisdictions derives from the fact that the Hazardous Materials Information Review Act has been incorporated by reference into the occupational health and safety legislation of all provinces and territories.

This means simply that any supplier of hazardous material who wishes to sell the product in this country and who wishes to conceal the information on the product as a trade secret, must first make application to the Hazardous Materials Information Review Commission to do so.

The application discloses to the commission the information considered to be a trade secret. It is accompanied by the information specifying the measures that the claimant has taken to protect the information from public disclosure. Documentation supporting the application must clearly show the value of the information to the claimant.

The commission first reviews the economic documentation provided in support of the claim for the exemption from disclosure and then determines whether the information meets the specifications for trade secrets as set out in the regulations.

If the application meets all aspects of the regulation, the exemption is granted and the information is then protected. If the requirements are not met, the claimant must reveal the information for which the exemption was sought or stop selling the product here in Canada.

The commission's experience had been that industry has been conscientious in all its claims for trade secret protection. I am happy to report that nearly all have been found to be valid.

The second mandate of the commission is a review of the health and safety information to be provided to workers so that it ensures it is in full compliance with the relevant federal, provincial and territorial governments.

If the health and safety information is not in compliance, the commission issues an order requiring that the information be corrected within a specified period of time. So that all potentially affected parties are aware of the corrections that have been ordered, the compliance order is published in the Canada Gazette. It is at this point that the claimant has the option to make the corrections, appeal the decision, or simply withdraw the product from sale in Canada.

It is important to note that the track record of claimants with respect to providing accurate and complete health and safety information has not been as favourable as that for the economic justification of their trade secrets.

While the commission requires that all information be in compliance before it finalizes its deliberations, roughly 95% of the applications include health and safety information which must be corrected before there is full compliance. Appeals by the claimant or by any other affected party are heard by an independent appeal board made up of three individuals representing organized labour, industry and of course government.

In response to the concerns of stakeholders, the commission undertook a renewal program with the objective that would make the commission more effective, more efficient and more client oriented. It is also going to be more focused on early compliance with respect to health and safety legislation.

The renewal program was again a tripartite effort with the lead role played by the commission's council of governors. I would like to overview the council itself. It is an oversight body which provides strategic advice and guidance. Its membership includes representatives of organized labour, industry and of course all orders of government.

While the council focused on a number of changes which have already been implemented through administrative or regulatory means, the council of governors also unanimously recommended to the Minister of Health that the renewal exercise be completed by enacting the amendments which are set out in Bill S-2.

There are three amendments. The first relates to the economic justification in support of claims for the exemption from disclosure of trade secrets. The second relates to the correction of health and safety information. The third relates to the facilitation of the appeals process.

The first amendment will permit claimants to make a declaration that the information for which they are seeking an exemption from disclosure is indeed a trade secret as set out in the regulations and further, that documentation in support of that claim is fully available and that this documentation will be provided upon request.

This amendment will ease the administrative burden on claimants and the commission, thereby starting the process of ensuring accurate health and safety information are in the hands of employees and workers.

Administrative measures will be put into place so as to ensure the integrity of the process, but the track record of industry suggests that problems are highly unlikely.

It is also important to stress that this amendment deals specifically with the economic documentation in support of trade secret claims and has no impact on the evaluation of the health and safety information to be provided to workers and employees.

The second amendment will permit claimants to enter into undertakings with the commission. The purpose of these undertakings will ensure that the necessary corrections to the health and safety information will be provided to workers without the issuing of a formal compliance order.

This simply acknowledges industry's concerns that formal orders reflect negatively on its commitment to workers' health and their safety. More important, complete and accurate health and safety information will be in the hands of workers much sooner than is now the case.

The third and final amendment will allow the commission to provide appeal boards with clarification of records at the request of those boards or at the request of the parties to an appeal. This is something that the appeal boards have been seeking, but is not permitted under the act as it stands currently. This change will expedite the appeals process and again ensure early delivery of accurate health and safety information to workers.

These are the amendments to the Hazardous Materials Information Review Act set out in Bill S-2. Members can be assured that the amendments have the unanimous approval of all stakeholders: organized labour, industry, all provincial and territorial governments and the federal government.

The net result of these amendments will be earlier worker access to complete and accurate information on the safe handling of hazardous materials in the workplace. This can only be a positive step for workers' health and safety.

To that end I would like to comment on one of the commitments in the government's 2007 budget, which complements this legislation in a very real and tangible way.

Budget 2007 provides $1 million over two years to the Canadian arm of the International Association of Fire Fighters to help implement the hazardous materials training program. This program will be available to all first responders to an accident or a potential attack. This training and preparation complements this bill.

Firefighters in my riding came to Ottawa to tell me and the finance committee why this program made sense for them as first responders. It is a request that they have been making for over seven years. When it comes down to dealing with hazardous materials, the finance minister, the Minister of the Environment, the Prime Minister and this government listened and with the passage of this bill, we will continue to listen.

All around, it is clear this bill is a good one and is supported further by this government's focus on dealing with this important issue.

[Health, March 27th, 2007]

Mr. Speaker, I just want to let you know that no one is grumpy on this side of the House.

The people of St. Catharines and Canadians agree with this government's initiatives in establishing wait time guarantees.

Yesterday and again today the Minister of Health announced that our government is making significant progress on fulfilling its commitment to establish patient wait time guarantees.

Could the Minister of Health provide us with another update today on the success he has had?

[Canadian Forces, March 1st, 2007]

Mr. Speaker, in 1998 the House of Commons defence committee asked the government to put in place a real pension plan for Canada's reserve force. Nine years have passed and the reserves are still waiting.

Canada's reserve force is the last large federal public sector workforce without a pension plan. Our reserves are a key part of our defence team in our country. The Lincoln-Welland Regiment in my riding, as well as reservists across the country, deserve a pension plan.

What is the Minister of National Defence doing and what he has done to correct this injustice.

[Justice Legislation, February 16th, 2007]

Mr. Speaker, political parties are judged on whether they can walk the walk, not just talk the talk.

In the last election, the Conservative, Liberal and NDP platforms all called for stiffer mandatory sentences for gun related crimes.

Acting on our commitments, the government has introduced safer community bills that will restrict the use of conditional sentences, better manage dangerous offenders, crack down on alcohol and drug impaired driving, protect youth against sexual predators, and Bill C-10, which would impose mandatory minimum penalties for serious gun crimes.

The government realizes that it takes cooperation in a minority Parliament and we have offered fair changes to answer the opposition on our gun crime bill. The Liberals, in their arrogance, have demanded we either pass their old, weaker crime bill or they will gut ours.

The Liberals will not meet us halfway and are putting their interests ahead of Canadians. When Bill C-10 comes back to this House gutted of protective measures, Canadians will know who the guilty party is.

[Business of Supply, February 15th, 2007]

Mr. Speaker, I listened to the member's comments, especially her last comment with respect to the work the government has done over the last year on aboriginal affairs. I would like to ask the member a question.

We did a lot of work together on the health committee in the area of understanding, from a health perspective, how we could ensure there was enough funding for the aboriginal community. As she knows, $450 million was put into the 2006-07 budget, which included funding for social programs for women and children. A bunch of the categories also included ensuring that we provided opportunity for education for youth and for aboriginal housing, both on reserve and off reserve.

Could she comment on why she thinks that $450 million, which was added to the budget in 2006-07 over and above what was already there, is not a good thing for the aboriginal communities across our country?

[National Strategy for the Treatment of Autism Act, February 14th, 2007]

Mr. Speaker, it has been a little while. I think I got about three minutes of my speech in prior to the break and it is good to get back into it.

The Canada Health Act discourages the application of extra billing or user charges through automatic dollar for dollar reductions or withholdings of federal cash contributions to a province or territory that permits such direct charges to patients.

Under the comprehensiveness criteria of the Canada Health Act, provincial and territorial health insurance plans must ensure coverage of all insured health care services. Insured health services under the act are defined as medically required or necessary physician services, hospital services, and surgical dental services when a hospital is required. In this way the Canada Health Act defines a minimum range of services to be insured on a national basis in our country.

Services provided by other health care providers outside a hospital are not considered to be insured health services under our act. That includes intensive behavioural therapy services for autism spectrum disorders since these services are generally provided outside of hospitals by non-physicians. These services are considered to be additional benefits and may be insured at the discretion of the province or territory, but that is their decision. They are not subject to the act's provisions. However, there is nothing in the Canada Health Act that stops provinces and territories from providing these services on an insured basis if they so wish to.

The bill presented by my hon. colleague, if adopted, would affect the definition of insured services under the act. In short, that means if Bill C-304 were to be passed by this House, provinces and territories would be required to provide applied intervention therapy services on an insured basis to all their residents, in addition to hospital and physician services.

The purpose of the Canada Health Act is to ensure that Canadians have access to medically necessary hospital and physician services without financial or any other impediments.

Hospital services that are considered to be medically necessary are outlined in the act and include, among others, such services as nursing services, the use of operating rooms, and drugs administered in hospitals. Medically necessary physician services are agreed upon through consultations by members of the medical profession and provincial and territorial governments. They are then determined by physicians at the point of service.

Referring to specific services in the Canada Health Act would be incompatible with its overall structure and intent.

The Canada Health Act references “insured services” and “medical necessity” but does not define specific services for specific illnesses or conditions. This is critical to the act and it needs to be clearly understood within the context of this private member's bill.

In provinces and territories there are mechanisms in place to examine the insured status of health services. Provincial and territorial ministries of health consult with members of the medical profession to determine which services are medically necessary and should be covered by their plans. Such consultations have proven to be an extremely effective method of insuring that Canadians receive appropriate medical care.

The second concern that this bill presents is with regard to the respective roles and responsibilities of the federal and provincial and territorial governments.

As we know, under the Canadian Constitution, the responsibility for matters related to the administration and delivery of health care services falls primarily under the jurisdiction of provincial and territorial governments. It is part of our Constitution and one that we must ultimately respect.

While we may not always agree, it is the responsibility of the provincial and territorial governments to set their priorities, administer their provincial health and social services budgets and manage their resources in the manner that best suits provincial and territorial needs while still upholding the principles that are in the Canada Health Act.

The federal government, for its part, by law, is responsible for the promotion and preservation of the health of all Canadians. It is appropriate, when describing federal responsibilities in health care, to note that the federal government cannot interfere in provincial-territorial responsibilities as defined under the terms of our Constitution, neither can we be seen as infringing upon those responsibilities.

Unfortunately, Bill C-304 attempts to require provinces and territories to provide behavioural treatment services for autism and to do so on an insured basis. As it is the provinces and territories that are responsible for matters dealing with the delivery of health services, the bill would be perceived as an unacceptable intrusion on provincial and territorial responsibilities across the country.

Amending the Canada Health Act would be viewed by the provinces as a unilateral imposition by the federal government and could potentially upset the longstanding federal, provincial and territorial relationship that we now have and that has been encouraged to develop and has developed the health care system that we as Canadians are truly proud of.

Clearly, the Canada Health Act is not the proper place to regulate matters such as behavioural therapy services which fall under provincial jurisdiction.

Finally, even if such an amendment were made to the Canada Health Act, it is not certain that it would actually achieve its objective. While the act places conditions on payments to the provinces and territories and can reduce or withhold transfers if these are not met, it cannot dictate to a province or territory how to run its health care plan, much less still how to run the institutions.

There is no question that individuals affected by autism spectrum disorders and their families may experience tremendous worry and significant financial and social implications. We are not here to debate that. That is why the government recently announced the package of new initiatives on autism spectrum disorders.

These initiatives are consistent with the federal roles and responsibilities in the health sector and there is no intrusion in provincial jurisdiction. The focus is on research, surveillance and information dissemination.

[Brain Tumour Surveillance, February 12th, 2007]

Mr. Speaker, I appreciate the opportunity to speak to private member's Motion No. 235.

As many of the speakers have noted, it is next to impossible for any of us not to have had personal experience with members of our family being diagnosed with cancer and having to work through those issues. I am no different; my father suffers from it right now. All of us should commend the member for putting forward this motion which starts to at least pay attention to some of the issues that we need to address with respect to this disease. I am pleased to have the opportunity to speak in support of this extremely important motion.

Each year in Canada over 200 children and youth under 20 years of age are diagnosed with a malignant brain tumour and nearly 60 die from their disease. Brain tumours are the most common solid tumour in children and youth and account for approximately one-fifth of all cancers diagnosed and 25% of all children's cancer deaths.

Depending on the age of the child and the type of tumour, between 20% and 80% of children or adolescents diagnosed with a brain tumour survive. For all tumour types and ages combined, the survival rate is 67%. Among children or adolescents who survive, the long term health and functioning consequences are serious.

The annual incidence rate of brain tumours in children and adolescents has remained consistent over the past 20 years with an average of 30 cases per million children under 20 years of age. The annual incidence rate of brain tumours is highest in children from zero to seven years of age, which is 35 cases per million children. The rate then drops and stays consistent from older childhood until early adolescence, which is 21 per million. After the age of 18, the incidence of brain tumours declines again.

Brain tumours in children differ significantly from adult brain tumours in their site of origin, histological features, clinical presentation, and tendency to spread early in the disease history to other parts of the nervous system. Brain tumours are nearly 25% more common in boys than in girls. Most childhood brain tumours arise in the supporting cells of the brain.

PNETs arise from undeveloped brain cells, which are primitive nerve cells, and are most common in the cerebrum part of the brain. PNETs are fast growing tumours and are highly malignant. Very often these tumours have spread within the central nervous system even before diagnosis.

Ependymomas arise from the cells that line the internal surfaces of the brain in the cerebral hemispheres. These tumours are most common among younger children and are often benign.

PNET and ependymoma tumours are most commonly found in children under five years of age. From ages five to nine, other types of tumours are more common.

Survival is lowest for infants diagnosed with a brain tumour under a year of age. In particular, only 20% of infants with a PNET are expected to survive. Survival increases with increasing age at diagnosis.

Children one to four years of age have a 59% survival rate, which increases to 64% in children five to nine years of age, 70% in pre-teens 10 to 14 years of age, and 77% in adolescents 15 to 19 years of age. Children and adolescents diagnosed will have the highest survival rate.

The incidence of brain tumours is higher in male children, children exposed to cranial ionizing radiation, and children with specific congenital anomalies such as neurofibromatosis. However, no single risk factor has been identified that accounts for a larger proportion of brain tumours found in children or adolescents.

Initial symptoms of childhood brain tumours include headaches and vomiting. These symptoms are then accompanied by seizures, dizziness, weakness, gait disturbance, and visual problems. Brain tumours are often diagnosed with a CAT scan, an MRI or a PET scan, which is followed by a biopsy for histological typing and confirmation. Steroids are often given as the first line of therapy to help ease the swelling of the brain. If possible, the tumour is then removed by surgical resection. Malignant tumours often require radiation therapy and/or chemotherapy in addition to surgery.

It is estimated that up to 50% of all childhood tumours in the brain are benign, meaning they are slow growing and they rarely spread, in contrast to malignant tumours that are fast growing and invasive.

Some benign brain tumours have well-defined borders so removal is relatively easy. However, when located in a vital area of the brain, a benign tumour can be life threatening.

Some malignant brain tumours can have a benign clinical natural history, meaning they often start as benign and become malignant over time.

Brain tumours, whether malignant or benign, produce clinical effects of similar mechanisms of mass effect, hemorrhage, seizure and edema.

Data on benign brain tumours is not routinely collected by the provincial and territorial cancer registries in Canada. Some registries include benign brain tumours, while others simply do not. The Canadian Cancer Registry does not include data on benign brain tumours as it cannot be consistently collected across the country.

As benign brain tumours are not included in the Canadian Cancer Registry and are only included in some provincial cancer registries, we cannot accurately determine the national incidence or survival rate of children and adolescents diagnosed with a benign brain tumour in Canada in the way that we can for malignant tumours.

This lack of reporting is leading to an underestimation of the burden of brain tumours on Canadians and the Canadian health care system since up to 50% of benign tumours are not included. Though not malignant, benign brain tumours can cause serious disruption in normal function, especially among children whose brains are rapidly developing.

Unlike tumours in other areas of the body, tumours in the brain develop within a confined space where even a small growth can seriously affect normal brain function. The clinical effects of a brain tumour are similar regardless of whether they are benign or malignant due to their location.

In addition to the increased risk of death and/or loss of cognitive and neurological functioning, clinical manifestations of benign brain tumours include developmental delays, endocrine disorders, seizures, visual impairment, an increase in pressure on the brain, severe headaches, vomiting, ataxia and loss of balance.

In contrast to malignant brain tumours, the incidence of benign brain tumours increases with age. They are most common among older adolescents. Benign brain tumours are also more common in girls and adolescents, as opposed to malignant brain tumours that are found more often in boys.

While malignant tumours are most common in the infratentorial region of the brain, which is the bottom portion consisting of the cerebellum and brain stem, benign brain tumours are most common in the sellar region, a depression of the bone at the base of the skull.

The primary treatment for benign brain tumours is surgical resection, which can often be difficult depending on the location of the tumour. Incomplete resection can lead to tumour recurrence. Some children with benign brain tumours also receive cranial radiation.

Cancer therapy often produces adverse long term health outcomes that can manifest in months to years after completion of treatment and are commonly referred to as late effects. Young children in particular are at risk of significant neurological and cognitive sequelae despite the therapy they receive.

Survivors of benign brain tumours are often left with long term disabilities from both the disease and the treatment received.

Our knowledge of these tumours is limited without including them in a national registry such as the Canadian Cancer Registry. We cannot accurately estimate incidence or outcome and therefore, we cannot estimate the burden on Canadians or the Canadian health care system.

Because brain tumours cause disruption in normal function similar to that caused by malignant brain tumours, and because the location of a brain tumour is as important as its behaviour for morbidity and mortality, all cancer registries in the U.S. began to include benign brain tumours in their registries starting in 2004. Canadian provincial and territorial registries should also begin to collect data on benign brain tumours.

Michael Vandendool, a young boy in my daughter's class, is suffering from cancer at 10 years old. The opportunity for us to at least start to repair and begin work on the registry will help all.

[Junior Curling Championship, February 8th, 2007]

Mr. Speaker, you may be wondering why I am wearing this sweater but let me explain.

It is a big week for all curling players and fans here in Canada. The National Junior Curling championships are underway in the curling capital of the world, the great city of St. Catharines.

For the second time in six years, the city has been called upon to host 13 male and 13 female junior teams from 10 provinces and 2 of our territories. Including their families and friends, over 600 people are visiting the garden city.

We delivered in 2001 and the curling folks in St. Catharines are delivering in spades in 2007. The young men and women from across our great country are playing their hearts out and showing the world their skills as athletes and, most important, their abilities as young leaders in our country.

These young people are shining examples of the future of our country and, I am proud to say, they are in St. Catharines this week. I would like to invite all Canadians to tune into this weekend's finals. On Saturday the junior men compete and on Sunday afternoon the junior women go all out for our country's championship.

St. Catharines is the place in Canada to be this weekend.

[Criminal Code, February 6th, 2007]

Mr. Speaker, I am not sure exactly what the member was asking.

However, in specific relation to driving while under the influence of drugs, currently there is no opportunity for the police or for any crown prosecutors to be able to convict anyone of a drug related driving offence. Bill C-32 creates a platform and an opportunity in three specific areas to do that. One is suspicion, two is possession, and obviously the third relies upon the fact that they will be able to use a standardized test that is used in many other jurisdictions in North America. They will go to the police station and under reasonable suspicion the individual will be tested and evaluated to see if in fact the individual is under the influence of a drug or certainly has driven under the influence of a drug.