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Crucial Fact

  • His favourite word was industry.

Last in Parliament March 2011, as Bloc MP for Shefford (Québec)

Lost his last election, in 2011, with 23% of the vote.

Statements in the House

Human Pathogens and Toxins Act April 30th, 2009

Mr. Speaker, I am pleased to address Bill C-11, which seeks to promote safety and security with respect to human pathogens and toxins.

I want to begin by pointing out that there are four categories of risk, namely risk groups 1 to 4. Risk groups 3 and 4 are already covered by the legislation. I am going to provide some explanations on these groups.

Schedule 3 — Risk Group 3: human pathogens

means a category of human pathogens that pose a high risk to the health of individuals and a low risk to public health...

Schedule 4 — Risk Group 4:

means a category of human pathogens that pose a high risk to the health of individuals and a high risk to public health...

Only those major labs working with human pathogens must comply with the Laboratory Biosafety Guidelines. Labs dealing with risk groups 3 and 4, which pose a high risk to the health of individuals and either a low or a high risk to public health, are already covered by these guidelines.

What are these guidelines? They are a specialized document produced by the Office of Laboratory Security of the Public Health Agency of Canada. That document was written for those individuals who are responsible for designing or operating labs in which anthropopathogens are handled for diagnosis, research or development purposes. Labs or individuals who do not use these pathogens in Canada are not subjected to these guidelines.

We can understand the government's concerns regarding risk groups 3 and 4, and the precautions put forward. However, are labs 3 and 4 not already complying with the safety measures set in the guidelines and proposed in this legislation?

Bill C-11 would apply to risk groups 1 and 2, which pose a moderate risk to the health of individuals and a low risk to public health, and for which effective treatment is available. The idea behind this change is to better protect public health.

We can see where we are headed. The idea is to monitor risk groups 1 and 2. What do groups 1 and 2 include? Group 1 includes toxins, while group 2 deals with human pathogens. However, these groups only pose a moderate risk to the health of individuals. As I mentioned earlier, they pose a low risk to public health and they would rarely cause serious disease in a human being. Even if this were the case, such disease could easily be prevented or treated, and the risk of that disease spreading is low.

In addition, Bill C-11—and this is where the dynamic of this bill the other parties cannot understand lies—would impose the obligation to have a licence—meaning that all laboratories will have to have one—for the following “controlled activities” related to a human pathogen or toxin; possessing, handling, using, producing, storing, permitting any person access, transferring,importing or exporting, releasing or otherwise abandoning or disposing.

This bill requires any person carrying out activities involving a human pathogen or toxin to take all reasonable precautions to protect public health and safety.

The federal government justifies this bill by its jurisdiction over criminal law. Speaking of criminal law, we must understand that the Conservatives are champions as far as introducing such laws is concerned, and that from that point on there is no point in any other parties getting involved in a system which is, I will state it clearly, exaggerated. Here again we see the Conservative desire to control everything.

In short, the purpose of Bill C-11 is to make the Laboratory Biosafety Guidelines mandatory.

The second intention is to make it mandatory for licences to be obtained for the activities it covers in order to trace existing agents, determine where they are and with whom.

The third intention is to put in place a system of offences and fines. In the backgrounder to Bill C-54, introduced by the government during the last Parliament, and the ancestor of C-11, it was stated:

The risk to Canadians posed by the presence of human pathogens and toxins in labs is low.

Why was it low then, and different now? Why is the government trying to control everyone and everything everywhere in Canada? I do not get it. The text continues:

Safety guidelines exist and the laboratory community is committed to the safe handling and management of human pathogens and toxins as a part of their regular work. Nevertheless, we must be sure the appropriate legislation, protocols and practices are in place to protect Canadians from this risk.

Since the guidelines were introduced over 15 years ago, there have been no incidents in Canada, regardless of whether labs have been following those guidelines.

Nevertheless, the researchers have certain reservations, not about the safety of their research, but rather about government control over everyday research. Not only does the government want to control journalists and information, but it also wants to control laboratories and people. Has the government conducted studies to determine the impact this new legislation would have on university courses, on how our hospitals operate and on the research industry in Quebec and Canada? No.

The government is asking for carte blanche concerning regulations that will not be examined by Parliament. The bill establishes a legislative framework that imposes certain requirements on research done on pathogens and toxins, as well as criminal sanctions and fines for non-compliance.

We must ask ourselves certain questions about these regulations. How is it that a bill, now in third reading, has no regulations? No one knows what will happen with this bill. They are bringing something to a vote before the House, something that will happen at a later date, but we do not yet know what these regulations will be based on. It makes no sense.

According to the universities we consulted—unlike other parties in this House, we conducted a consultation—Bill C-11 will demand huge investments in universities that have laboratories.

These investments will not be used to update laboratories for group 3 and 4 pathogens; these will be new provisions concerning group 1 and 2. Those are the only categories that are not problematic. Also according to the universities, billions of dollars will have to be invested across the country, at the universities' expense. Did the government assess the kind of impact this will have on university teaching and research, on health care institutions and on private laboratories? Once again, the answer is no.

It is important to point out that all laboratories, including universities, hospitals and other government institutions, can be forced to pay fines. This government has a tendency to impose fines and prison sentences. It constantly focuses on those two points. Does the government really want to impose fines on universities and hospitals, when they are already desperately short of funding? It makes no sense.

The bill also establishes penalties and fines for anyone who shows wanton or reckless disregard concerning pathogens and toxins.

Clause 55 reads as follows:

Every person who contravenes section 6 and who shows wanton or reckless disregard for the health or safety of other persons and, as a result, creates a risk to the health or safety of the public is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

We are talking about students, not researchers who wear protective clothing. We are talking about people in a university or hospital. We are talking about viruses, which are not very big. This is the smallest category in existence that the government is going to try to control. It wants to control people, control information, control those who have these groups of pathogens. This is terrible. But there is more. And it is even worse.

Clause 56 reads as follows:

Every person who contravenes subsection 7(1) or 18(7) is guilty of an offence and liable

(a) on conviction on indictment, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both, and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both;

Think about the student who, as a joke, touches something and is fined half a million dollars. It makes no sense.

The Bloc Québécois wonders why it is necessary to introduce new measures and new penalties when they could be part of existing laws. These laws already exist, and the government is trying to add more. It is piling on more laws. Once again, it is hard to follow these parties here in the House. They pay no attention to the bills we discuss here, and they are ready to vote on anything. Are the measures in this bill on breach of duty, wanton or reckless breach of duty and intentional release not already included in the Criminal Code and the Canadian Environmental Protection Act? Yes, they are. Are the measures to prohibit intentional misuse of pathogens not already included in the Anti-Terrorism Act?

We already have plenty of laws. The government is trying to create more fines. It is talking about imprisoning these people. I cannot see how we can think about these things and decide what falls into groups 1 and 2. Everything the party in power is proposing is already covered by existing legislation. I cannot understand why we need to go any further than what we have now. Even worse, the government does not know where it wants to go with this bill because it has not consulted anyone.

When we asked departmental officials about the consequences, it was clear that the government had not studied the impact of Bill C-11. When we asked them about how it would affect universities and hospitals, they candidly told us that they did not know because there had been no impact study. They had no idea what might happen because there had been no study. However, it seemed that everyone was quite happy to have new laws, new fines and new prison sentences. That is the only thing we were able to find out. The only answer we got was that the government planned to take experts' and researchers' concerns into consideration while drafting regulations so as to minimize potential negative impacts. That is not saying much. They will consult experts, but will they take their comments into consideration? They might, or they might not. They might decide to accept the recommendations they like because the bill was passed anyway. We have no idea how the regulations will deal with risk groups 1 and 2. We still have no idea.

I do not understand why, in 2009, the government has introduced a bill without regulations in the House of Commons, where laws are made, nor why we should vote for a bill without knowing the regulations that are to be part of it. Moreover, the government says that even if it consults experts, it will make its own decisions about what to do anyway. Regulations will not be submitted to the House of Commons.

How can we vote on regulations if we never see them? How are we supposed to propose amendments if the regulations are not defined? It makes no sense.

I do not know where we are going with this. Nor do I know how this is in Quebeckers' and Canadians' best interest. We cannot protect them from risk group 1 and 2 pathogens because, in Bill C-54, this government said that these two categories were not a problem.

Why study risk groups 1 and 2 if they were not a problem? I still have not heard an answer to that question.

The Bloc Québécois would have preferred that the government had acted responsibly instead of blindly charging ahead with the implementation of Bill C-11. That would have meant conducting an impact study and consulting properly with stakeholders in each province, including researchers and private health laboratories. As far as the regulatory framework and cooperation with the provinces go, those are other matters.

Certainly, the Bloc Québécois endorses the idea that the government should consult with stakeholders affected by the bill before preparing regulations. We have no choice because the other political parties are in favour of adopting this bill without regulations.

However, we had proposed, during clause-by-clause study in committee, that the government consult the provinces before amending the schedules. When we questioned officials about the effects of this amendment, they indicated there would be no consultation with the provinces before preparing the amendments. Did anyone think of that? They do not even consult the provinces and they are going to make regulations without any consultation with people in each of the provinces.

Those officials also said that the experts and researchers were found in research laboratories and within the federal government, while ignoring the expertise within the public service of Quebec or the other provinces. We have expertise as well, but the Conservatives do not want to recognize it. They just want to listen to their own experts; and they will only take into account what they like.

They also pointed out that British Columbia had serious reservations about the bill, and these were the same officials who had reassured the province by promising to consult B.C. on the scope of the bill. They will do the consultation later.

The Bloc amendment called for consultation with Quebec and the provinces before any modification of the schedules; that is, before adding a pathogen or revising its classification. The purpose of this amendment was to ensure that the federal government properly evaluated the impact of any such changes.

It must be said that the Conservatives and the Liberals decided that amendment was not necessary, and in doing so dismissed the expertise of Quebec and other provinces on the subject.

The Liberals, who cried wolf in committee because of a failure to respect British Columbia’s jurisdiction and the repercussions of the bill on the people of British Columbia, put their trust entirely in the regulations under the Act, and make no provision for British Columbia to give its views on the classification of pathogens.

In a news release on April 29, 2008, announcing the introduction of Bill C-54, the minister insisted that there were no risks. Yet, today, suddenly, there are many risks.

The Bloc Québécois calls for in-depth study of Bill C-11. We want to put questions to experts to ensure that the details of Bill C-11 will not adversely affect the research community in Quebec.

Human Pathogens and Toxins Act April 30th, 2009

Madam Speaker, we know that in committee the Bloc Québécois raised certain questions with officials on the possible repercussions of the bill. According to the responses from the government, there was no impact study concerning Bill C-11.

So, how can we discuss a bill when we do not even know where we are going in terms of the bill? No regulations have been linked with this bill; instead, that is to be done after its adoption.

Is it not unthinkable to establish regulations after adopting a bill? We have no idea what regulations will be attached to the bill.

I would like to know my colleague’s opinion on that point.

Business of Supply April 28th, 2009

Mr. Speaker, I would like to ask a question of my colleague.

He tells us today that he supports our motion. Is there at this time sufficient content to the file on harmonization of the QST and the GST for him to tell us that, should the Liberal Party come into power, the $2.6 billion would be given to Quebec and with no conditions?

Business of Supply April 28th, 2009

Mr. Speaker, I would like to congratulate my colleague for his excellent speech, which was to the point and perfect. If there are members across the way who did not understand it, they only have to read it tomorrow in Hansard. They will have the opportunity to read it with a cool head if they are already overheating.

That being said, the Conservative Party often tries to get the Bloc Québécois and Quebec down on their knees, but that will not work. We will defend Quebec's interests and will stand up to any government.

The issue at hand is harmonization and that is the object of my question. We hear talk about advocates and we hear Conservative members defending children, but I want to point out that a court has ordered Mr. Khadr repatriated. However, since the Conservatives are ready to contest the court order we have no lessons to learn from them.

My question to the member is the following. The harmonization of sales taxes in Quebec is comparable to the harmonization of sales taxes in Ontario. In the opinion of the member, what are the Conservatives waiting for to give Quebec its $2.6 billion?

Business of Supply April 28th, 2009

Mr. Speaker, there is a good deal of optimism on the other side in the belief that its government will negotiate in good faith. I believe that the reason for negotiating in good faith is not there.

The Conservatives say that Ontario has truly harmonized its taxes. The minister can take note of this with his pen. I will help him and tell him that there are various exceptions that result in some products being subject to GST but exempt from provincial tax. I am talking about Ontario, and I hope he has his pen in hand. Children’s shoes and clothing, safety seats and booster seats for children, books, diapers and feminine hygiene products are exempt from the provincial portion of the harmonized tax.

When it is a matter of harmonization and negotiating in good faith, the Conservatives do not have that good faith, and I believe it has never existed in that political party.

Consequently, since the government believes that Ontario has harmonized its taxes, if it wants to negotiate in good faith, it must take into consideration the products that are not taxable, which are the same products as ours. If they are the same things, we should also be entitled to the same amount, that is, $2.6 billion.

Business of Supply April 28th, 2009

Mr. Speaker, I would like you to listen carefully to what he says. He has been speechifying for a few minutes already, theoretically about the motion at hand, but I have not heard him say one word about the harmonization of taxes. I would like you to pay close attention to what the minister is about to say and to make sure that he really deals with the topic at hand today.

Business of Supply April 28th, 2009

Mr. Speaker, I think that the minister is still not on topic. He is off on some other road. There is a motion being debated, and he is talking about all the other parties, the Bloc Québécois, the Liberal Party, but not about the harmonization of taxes, which is the topic for today. I would very much like to hear him on this topic since he represents the governing party and we want to know his position.

Business of Supply April 28th, 2009

Mr. Speaker, I can understand my distinguished colleague's answer. However, the Liberal group should have already found a middle ground. For example, they should say they are ready to take that step if Quebec makes some concessions.

My colleague said earlier that words and actions are two very different things in this place. Like those people who were in the opposition and who, as soon as their party takes power, suddenly have no memory of anything that went before.

So I ask the same question again: What do the Liberal Party and the Province of Quebec have to negotiate in order to agree to harmonize the QST and the GST?

Business of Supply April 28th, 2009

Mr. Speaker, my colleague made an excellent speech.

The Bloc Québécois is often said to be rebellious. There are plenty of reasons for that, but it is mainly because when the Liberals were in power, the federal government did nothing when the crisis hit the textile and footwear industries. These two industries are now closed.

With regard to the manufacturing and forestry sectors, we are talking about $170 million over two years for all of Canada.

If we look at problems experienced in other provinces, for example the crisis in the auto industry in Ontario, that industry has already received $20 billion. Money has also been given to the tar sands industry.

Now, whatever issue is debated in the House, Quebec always comes last. There is blatant evidence of that. As soon as one of the provinces gives or does something, it is compensated immediately. However, when it is an issue that has to do with Quebec, the answer is no. Quebeckers can protest all they want, but nothing happens.

Well, we will not let that continue. We have rights and every province has rights. We will defend the rights of Quebec, that is a given. We will do it every time we come into the House of Commons.

Can my distinguished colleague tell me what he thinks the problem is and why the government does not want to compensate Quebec for harmonizing the QST with the GST?

Replacement Workers April 23rd, 2009

Mr. Speaker, what the Conservative member just said is interesting. I do not know if he is unfamiliar with the law or the file, or if he did not take an interest in the matter or if someone wrote his speech for him. I will be examining three elements broached by the Conservative member. The first concerns essential services. Of course we must maintain essential services in the event of a strike. I understand that. Had he dug a little deeper he would already know that section 87.4 of the Canada Labour Code states the following:

During a strike or lockout not prohibited by this Part, the employer, the trade union and the employees in the bargaining unit must continue the supply of services, operation of facilities or production of goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public.

This section is clearly designed to ensure that essential services will be available to the public. Thus, what the member said earlier does not hold water because this section of the Canada Labour Code ensures that employers are covered when it comes to essential services. That is my first point.

Second, the member referred to the report of the Sims task force. I will provide him with a better understanding of this report because I am convinced that he has never read it and heard about it from someone else. The use of scabs results in frustration, animosity and violence. It prolongs conflicts significantly. Statistics show that this is true. Allow me to return to the famous Sims report. I note that opponents of the bill find it useful. However, the report is full of major contradictions, leading me to put some of its proposals and statistics into perspective. According to Andrew Sims, the main author of the report, in 1991 and 1994, in Canada, 75% of employers with a labour conflict did not use replacement workers during strikes. Why? Because rather than creating animosity among certain workers they preferred to maintain stable relations with them. That is what the Sims report says.

The other 25% of employers, however—who were party to 12 labour conflicts in which 48% of the employees involved were governed by the Canada Labour Code—did hire scabs. Scabs should not be used to shut out the union or undermine its role. It is important to show that employers who use scabs do so precisely in order to freeze out the union, as confirmed by complaints of unfair practices and statements from the strikers themselves. They say that the issue can go to court. Then the court hears that the unions are not being recognized because they do not have the power to negotiate with the employer. Employers have the upper hand because, under the Canada Labour Code, they can hire scabs. Employers can crush the unions if they want. Under the Canada Labour Code, workers have no power to negotiate. How can they conduct proper negotiations with their employers if they have no power because scabs go in to take their places? It has to be frustrating to be on the picket line, watching scabs show up to do the work. How frustrating.

There is another issue nobody ever considers when hiring scabs, and that is workplace health and safety. The Canada Labour Code governs that too. Employers hire people who have no work experience whatsoever to work in any sector they please. Employers tell them, “Come on over guys, come work here today. Do not worry about health and safety. Do not worry about training. We have to produce. We cannot lose any money.” Employers get scabs to come and work because the real workers refuse to work, because according to the law they have the right to strike.

That right is the only way workers have to stand up for themselves when negotiating a collective agreement. They can say that they are not being paid well enough and that the non-monetary clauses should be adjusted. It is the only time they can stand up and tell the employer as equals what clauses they would like to have added to or changed in their collective agreement.

Today, labour contracts are negotiated. Interestingly, collective agreements used to have terms of a year or two, and for a time they extended for three years. Now, labour contracts run for six to ten years. People can project what will happen tomorrow. They can do that in collective agreements, but the government cannot even figure out whether we are in a recession or an economic crisis while it is happening. During the most recent election campaign, we saw that it did not even know that there was a recession even though we were in the middle of an economic crisis.

How can workers negotiate a 7-year or 10-year collective agreement and predict what wages will be in 10 years? Workers negotiate in good faith with the employer to reach an agreement. They want to keep working for the employer, and they hope the company will continue to grow exponentially so that they will earn good wages. They consent to an agreement with a 7-year or 10-year term.

But when the collective agreement expires and they exercise their right to strike or the employer locks them out, a third party, the strikebreaker, cannot be allowed to take the worker's place. This impedes workers' right to collective bargaining. Employers and members from other parties say that the company must not lose contracts or money.

The workers, for their part, work their butts off—some even die working. There are so many work-related injuries. Despite safety measures, people get injured, lose their limbs, even lose their lives. Some people give their lives for the company. Then, when the workers want to negotiate in good faith, employers laugh in their faces and tell them that if they do not want to work or are not happy with their pay, they are free to leave. Employers know that others will take their places and will be happy to work.

We have seen this happen in the past, in cases like Radio Nord. That conflict lasted so long that the scabs demanded to be unionized. What a paradox. Employees were locked out and others came to take their places, then the employer treated them so badly that they decided to unionize. Replacement workers cannot be accredited and given rights that do not exist when workers who are already unionized are striking just outside. That makes no sense.

That is why it is so important for us to get rid of replacement workers, of scabs, so that the two parties can have proper negotiations. If we get rid of scabs, there will be fewer conflicts, and any conflicts that do arise will not last nearly as long. The member said that labour conflicts in Quebec last a lot longer than conflicts in sectors governed by the Canada Labour Code. That is not true. The latter last much longer, simply because replacement workers can take over a company for years if they want to. We have seen replacement workers take unionized workers' jobs for a year, two or even three. That is why the conflicts last forever. The employer does not have to negotiate with the workers.

Mr. Speaker, thank you for listening. You have listened closely to what I have been saying, and I appreciate that.