Bill C-33 (Historical)

An Act to amend the Fisheries Act

International Transfer of Offenders Act

[Alan Tonks, Liberal, York South—Weston, ON]

Mr. Speaker, I am pleased to participate in the third reading of the government's initiative to update the Transfer of Offenders Act.

The Standing Committee on Justice and Human Rights, as it then was, after diligent and detailed consideration as has been pointed out by previous speakers, has returned Bill C-33 for the House's final consideration. These legislative proposals have since been reinstated as Bill C-15. I agree with previous speakers who have noted that there is nothing in the legislation that might delay the passage of the bill.

Bill C-15 is an important and necessary piece of legislation in which we take great pride in helping to fashion it into a final product that will become law. As the name implies, the force of the legislation will be felt far beyond Canada's borders. It provides the international community with yet another example of Canada's progressive criminal justice system which combines the best aspects of correctional practices and the implementation of the law. Bill C-15 would do so by balancing the need on one hand for fair and humane treatment of offenders with on the other hand the need to respect the systems and philosophies of other countries.

The proposed bill maintains most of the purposes and principles of the Transfer of Offenders Act as it was proclaimed back in 1978. However, it should not be surprising to any members that a 25 year old law might well be due for some important changes.

At the outset, I would like to answer a number of questions raised during committee proceedings and asked by hon. members opposite.

The government has been asked if the amendments to the Transfer of Offenders Act violate in any way Canada's sovereignty or bring into disrepute the administration of Canada's justice system. The answer is in the negative. They do not. As a matter of fact, most states wish to cooperate with one another within the parameters of criminal justice. All states prohibit certain conduct and attempt to deter it through the enforcement of criminal laws and penalties.

Modern technology and the ability to travel very quickly have increased the opportunities for the commission of crimes in countries other than one's own. Numerous examples of that have occurred in the last few weeks.

States have a common interest in working together to prevent and respond to criminal conduct that transgresses and transcends those boundaries. Such cooperation actually protects the sovereignty of states by preventing offenders from escaping the justice systems. This is exactly what the transfer of offenders scheme allows states to do by allowing for the transfer of offenders and the enforcement of the foreign sentence by the receiving state.

One of my colleagues has described how the bill deals with differences in the severity of sentences. In brief, if a foreign sentence by its nature or duration is incompatible with the law of Canada, the sentence must be adapted to the sentence prescribed by Canadian law for a similar offence. For example, a foreign court may hand down a custodial sentence of 10 years for common assault. In order to be enforced here in Canada, the foreign sentence would be adapted to the maximum custodial sentence of five years for assault provided by the Criminal Code of Canada. Bill C-15 would reflect the standard treaty of provision of adaptation of foreign sentences to meet the parameters of Canadian legal requirements.

Finally, how will Canada deal with a different system of offences where the offence is not recognized under Canadian law? The answer is somewhat technical.

Bill C-15 sets out what is known as the rule of dual criminality. This rule is satisfied when an act is criminal in one state and has the same general qualification in another. This is a rule of customary international law and a requirement of most treaties signed by Canada, because the enforcement of a foreign sanction for an offence that does not exist in Canada, such as adultery, could violate essential constitutional principles or even contravene protected fundamental human rights. Bill C-15 sets out the concept and principles of dual criminality as a condition of transfer.

Having said that, Bill C-15 provides that the rule of dual criminality does not apply to the transfer of children. That was the intent of the question that I asked the previous speaker. Although a child may have been convicted of an offence for which there is no equivalent in Canada, this will not preclude his or her transfer to Canada.

Let me add that Bill C-15 provides that children are not incarcerated when they are transferred to Canada. They are remitted to their legal guardian and the child welfare system will provide the framework within which their particular needs will be met.

Providing necessary continuity, the new international transfer of offenders act will continue to provide for the implementation of treaties with other countries for the international transfer of offenders.

The purpose of the act and the treaties signed between Canada and foreign states could be generally described as essentially humanitarian. Canadians convicted and detained abroad in difficult conditions may be allowed to serve their sentences at home and foreign nationals may be returned to their home country. In the case of returning Canadians, the treaties promote public protection, as offenders are allowed to serve their sentences in Canada and to be gradually released into the community according to the legal restrictions that are applied through the criminal justice system. Otherwise they would simply be deported from the country where they were convicted of an offence, however serious, at the end of their sentences and would arrive in Canada with no controls being put upon them whatsoever.

At the same time, as has been mentioned, the treaties in all cases respect foreign sentences. Countries that send offenders back to Canada are assured that the sentences determined by their courts will be enforced by the Canadian criminal justice system. Let us make it clear that offenders who are returned to Canadian institutions will not be coddled. Other nations recognize this and agree with the condition that will be imposed and implemented through this treaty, that the terms of transfer before the offender is moved will be agreed upon.

The Transfer of Offenders Act as it stands continues to serve useful purposes. We are here today to bring it up to date. The world has changed; to say that would be an understatement. The style and content of international treaties must change to keep up with these circumstances.

There are the obvious changes brought about by the birth of new nations and the rebirth of others. We need only look today at the expansion of the European Union by 10 nations to know that the map of the world is in a state of change itself. Many of these are also nations that have become independent of former allegiances, thereby growing more attuned to democracy and a concern for human rights.

These countries have a need to express these transformations internationally. What better way to extend our hands across cultural divides than by getting together to negotiate meaningful treaties, in particular within the criminal justice realities that we all face. This is the essence of international co-operation. I would suggest that within the context of international terror and the deportation of it, those are the kinds of treaties and relationships that we should be building upon.

In the process we learn from each other and forge new bonds of international understanding and co-operation. In this regard I might mention that the very first country with which Canada negotiated a treaty to transfer offenders was of course our friend and ally to the south. This treaty, dating back 25 years, with the United States is but another example of how the policies and programs with our American neighbours coincide with our own.

Since the act's proclamation in 1978, only technical amendments have been made to it, although more substantive issues have been identified. These issues have been brought forward with a broad range of interested parties since a consultation document was released in 1997. We have been developing in a very progressive way the stages and steps,and meeting different thresholds in the evolution of this legislation.

The wide ranging consultation identified what amendments would be advisable and necessary. This exercise has been followed by an exhaustive drafting exercise during which expert officials have identified what changes are possible given Canadian and international law.

As was outlined when Bill C-15 was introduced, central clauses of the amended act will set out the purposes and principles of the legislation. This may seem to be an obvious consideration in the formulation of a statute but a cursory survey of existing laws soon indicates otherwise.

An outstanding example of a statement of principles and purposes may be found in the Corrections and Conditional Release Act as passed by Parliament in 1992. These important clauses have been invaluable as a guide for correctional practitioners. Having the force of law, they cannot be easily modified or tampered with and therefore they set a precedent of consistency in the administration of sentences.

In this age of mission statements and similar corporate commitments, one can easily recognize the importance of clear and steady guidance for those who must work within the confines and spirit of an act established to carry out the will of Parliament.

An equally modern aspect of these legislative proposals is that measure requiring a new level of information sharing between government authorities and offenders. Simply put, Canadian officials will be obligated to inform a foreign citizen under its jurisdiction of the existence and substance of an international transfer treaty between Canada and the country of citizenship, a function that our Department of Foreign Affairs carries out with regard to Canadians convicted abroad. While the duty is routinely discharged, the added force of law will formalize the practice to the satisfaction of those signing treaties with Canada.

Another new provision will make it possible for a foreign offender in Canada to reverse his or her application for transfer at any time before the physical transfer takes place. This important change would accommodate the rare occurrence where circumstances in the offender's home country change negatively in the period between application and the actual transfer.

The last specific point I would like to mention may prove to be the most important. This entails the new provisions to extend certain aspects of the transfer of offenders scheme to nations that have not yet joined the family of countries that currently have treaties with Canada for the transfer of offenders. One can see that circumstances might arise where such an accommodation would be essential to the well-being of a Canadian incarcerated abroad.

There are other aspects of Bill C-15 to explore but I will leave those to my hon. colleagues and, in due course, to the consideration of those in the other place. I urge them all to join in the passage of these necessary measures. I urge all members of the House to support the bill and send it on to be scrutinized and passed in the other place.

[Marlene Catterall, Liberal, Ottawa West—Nepean, ON]

Mr. Speaker, I am pleased to rise on behalf of the government to speak to Bill C-15. As we all know, the bill was reinstated after the House resumed, having been thoroughly reviewed by the justice committee when it was Bill C-33. The fact that we are debating final reading so soon after the deliberations of the committee speaks volumes about both the work of the committee--and I compliment members from all parties on the work they did on this bill--and the importance of the piece of legislation in front of the House.

The bill before the House repeals the current Transfer of Offenders Act, which was passed in 1978 and really has had fairly minor technical amendments since then. It replaces that act with an enhanced and modernized version that reflects international developments since the original piece of legislation was passed.

Legislative initiatives such as those contained in Bill C-15 form an important part of the work of Parliament. This bill is a good example of the effective modernizing of an existing scheme in order that it remain true to its objectives and current world developments.

As I said, Bill C-15 updates the original Transfer of Offenders Act in accordance with its basic principles and guarantees that the legislation in this area continues to meet its public safety and humanitarian objectives. These are achieved through cooperation with other nations. In fact, the concept of transfer of offender legislation and international treaties originated in discussions held at a United Nations meeting attended by many of our global neighbours.

At that time, it was agreed that it was necessary to create a system for the international transfer of offenders so that individuals convicted of a crime in a foreign state could, under specified circumstances, be allowed to serve their sentence in their home country. This has ramifications both for the convicted offender and for family and friends here in Canada, about which I will speak more later.

The Transfer of Offenders Act that created the framework implemented specific treaties which set out the circumstances in which offenders may be returned to their home country to serve their sentences. The legislation operates so that foreign offenders who are convicted in Canada also do not escape justice, as might be the case if they were simply deported from this country.

Since the present version of the act was enacted nearly 30 years ago, Canada has ratified treaties and conventions that allow transfers between us and over 40 countries, including, among others, the United States, Mexico, France and Egypt. In accordance with these arrangements, approximately 85 offenders are transferred to Canada each and every year. Ensuring that the legislation governing the transfer of offenders is modernized is vital if we wish other countries to sign treaties with us so that they can be used when the situation warrants.

Transfer of offenders legislation accomplishes several valuable purposes. The legislation makes contributions to public safety, a priority of the government, and this objective is met by a number of means. First of all, it is commonly recognized that the existence of a support system for offenders serving a sentence, a support system of family and friends, is a factor in the rehabilitation of offenders and their eventual reintegration into society. As for allowing Canadian offenders to serve their sentence in Canada with that kind of a support network, allowing them to maintain contact with family and friends, the research has shown us that the positive effect is less recidivism, less returning to a life of crime.

In addition, the legislation enhances public safety by virtue of the fact that an offender who is returned to Canada is then exposed to our correctional system's rehabilitative and other programs, including the processes for the gradual and controlled reintegration of returned offenders into society under supervision.This might not be the case if they served their sentence in another country and then returned to Canada.

Another aspect, however, is that it serves an essential humanitarian role. I would not for a moment question that those found guilty of crimes in other countries should be subject to punishment according to the laws of the country in which the illegal acts were committed. However, it must be recognized that situations exist where a foreign sentence and the associated foreign standards of justice and conditions of confinement might very well result in the imposition of severe hardship on Canadians when those conditions are compared to our North American standards.

For instance, hardships suffered by Canadians are generally seen to be the result of cultural and language differences. That can lead to Canadians being subjected to severe psychological stress brought about by language isolation, an unfamiliar legal system, and different lifestyle, health care, religion and diet.

Finally, on the compassionate front, it is important that we not ignore the distress and anguish suffered by family members and friends of Canadians held abroad, even though they, as family and friends, are totally innocent of any wrongdoing. For example, it is often the case that travelling to visit an imprisoned loved one and obtaining legal representation on their behalf can involve prohibitive financial costs. There are also cases where family and friends feel obligated to provide considerable sums of money to ensure that the prisoner receives basic nutrition, for instance, and medical services and other necessities of life. The hardship suffered by an offender's family and friends may also be aggravated by their lack of familiarity with the foreign legal system, culture and language.

Although the Canadian diplomatic corps strives to do its utmost to ease the difficulties associated with being under sentence in foreign countries, one must acknowledge that there are real and substantial limits to what they can do, to the role they can play abroad. Generally speaking, the role of the consulate does not go beyond efforts to ensure that the offender's rights under the domestic law of the country where the offender is being held are respected, to assist in retention of legal representation, and to endeavour to facilitate family contact.

It should go without saying that the government continues to encourage all citizens to observe the laws, regardless of what country they happen to find themselves in, and at the same time continues to be responsive to the circumstances of Canadians sentenced abroad and their families back home. Therefore, the international transfer of offenders accomplishes both the objective of reducing both recidivism, or the return to crime, and the objective of reducing the hardship suffered by Canadians in other countries and by those persons who wish to provide support to the person serving the sentence and assist in their ultimate rehabilitation.

This bill contains amendments that meet several vital objectives. I said that things have developed internationally and, in order to ensure that countries will continue to enter into treaties with us, we need to update our legislation substantially. The bill adds several legally essential treaty obligations and principles such as the non-aggravation of the sentence by the receiving state. In other words, a prisoner who returns to Canada should not be subject to a lesser sentence than he or she would have received or in fact was given in the country where they were tried and convicted.

The bill also extends the eligibility criteria to include Canadians who are not currently eligible for transfers, such as young persons on probation, children, and persons with mental disorders. It clarifies the provisions related to the decision making process by such measures as requiring provincial consent for the transfer of offenders within provincial jurisdiction, and I should say here that the provisions in the bill that affect the provinces and territories have been accepted by the provinces and territories of Canada.

The bill also aligns the sentence calculation provisions with other legislation to ensure the equitable treatment of transferred offenders and to ensure that Canada takes appropriate action where the foreign state grants relief in respect of the offender's foreign sentence.

Finally, it adds provisions enabling the negotiation of administrative arrangements on a case by case basis to extend the act's humanitarian objectives to offenders held in harsh conditions in foreign states with which Canada does not have a treaty, or is negotiating but has not yet concluded a treaty, or in foreign entities which are not yet recognized as states. For instance, Canadians incarcerated in jurisdictions such as Hong Kong or Taiwan cannot be repatriated to serve their sentence at this time because the current legislation does not authorize arrangements for the transfer of offenders to be negotiated with countries that are not legally recognized states.

I ask members of the House to support the passage of Bill C-15 so that Canada can have the ability to be responsive to international developments in this area and so that we can move forward in the spirit of international cooperation.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, one of the features that I identified in reviewing some of the debate on the bill, and even within the bill itself, is the element of flexibility. As I said in my speech, to compare the laws of the criminal justice system in another jurisdiction to those of Canada and the Criminal Code would be an enormous task. It would be an enormous task to somehow find that simple formula that is going to translate things.

I take some heart from the member's question. I would simply refer back to the representations of the Solicitor General when he spoke to Bill C-33, the predecessor bill of this one. He closed by saying:

...there is a clear need for legislative flexibility in Canada to further the humanitarian objective of transfers. There is a clear need for international cooperation in matters of criminal justice and there is a clear need for public protection with the safe and gradual reintegration of offenders into society.

In the minister's remarks, he goes on to enunciate that the process involved here with treaties, et cetera, has to do not so much with swapping identicals but rather with looking at and investigating and negotiating transfers that make sense from the standpoint of a humanitarian objective.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I wanted to add some input as a non-lawyer on Bill C-15. Members will know that the bill was reintroduced in this session of Parliament from the second session of the 37th Parliament. Formerly it was Bill C-33.

It would be appropriate to remind the House of the purpose of the bill. This enactment repeals and replaces the Transfer of Offenders Act, sets out the principles that govern the international transfer of offenders and authorizes Canada to enter into administrative agreements for international transfers of offenders.

The enactment expands the class of offenders who may be transferred. It expands the class of jurisdictions with which Canada may enter into agreements. It identifies who must consent to a transfer. It sets out how the foreign sentences of transferred young persons are to be enforced in Canada. It clarifies the sentence calculation rules that apply to transferred Canadian offenders and aligns them with those contained in other federal legislation. It also contains transitional provisions and makes consequential amendments to other acts, as is normally the case.

It is interesting that there are very few people who are speaking against the bill. In fact, what is happening is we are having an opportunity to speak about related areas, and that is always a good thing. Members will know that when this bill, formerly Bill C-33, went to the justice committee, it did the appropriate review. The justice committee has a good reputation of being rigorous in its review of legislation. It came back with a report on the bill, Bill C-33, with one amendment to the entire bill after doing a rigorous review.

That amendment was to clause 10 and added one additional clause. I will read that into the record because it touches on an area on which I would like to make a few comments. Clause 10 in the bill as reprinted states:

In determining whether to consent to the transfer of a Canadian offender, the Minister shall consider the following factors--

The first is whether the offender's return to Canada would constitute a threat to the security of Canada. That is understandable.

The second item is whether the offender left or remained outside Canada with the intention of abandoning Canada as his or her place of permanent residence. That is a fairly straightforward criteria.

The third was that the offender has social or family ties in Canada. That obviously is quite relevant.

The last item that was added by the justice committee and is now part of the bill we are debating today is clause 10(1)(d) which states:

--whether the foreign entity or its prison system presents a serious threat to the offender's security or human rights.

All of a sudden the context of human rights has become a matter for consideration. The justice committee agreed that human rights considerations should be taken into account with regard to the transfer.

Members started to talk about cases such as the Maher Arar case in which a Canadian citizen was deported, not to Canada from the United States, but to Syria. It is a very serious situation which occurred. Thankfully, Mr. Arar is now back in Canada and reunited with his family and friends, but very serious questions have arisen with regard to the human rights issues. Members will know that this matter will be before the courts as well. Not being a lawyer, I am not in a position to talk about the elements of the case, but simply from the standpoint of the human rights component which is now incorporated in the bill.

We are in a much different world than we were prior to September 11. There have been an enormous number of changes into how we have looked at our provisions in law, and in fact, the event of September 11, 2001, has spawned a substantial amount of legislation with regard to security and sovereignty issues.

The transport committee visited our counterparts with regard to issues flowing out of September 11. The United States had taken the position that virtually everything that anybody wanted, it was going to put into legislation. It was almost an overreaction and some would question whether or not there was an overreaction which may in fact have lead to not good laws. We say prayers as we start the House each day, that we make good laws and wise decisions.

If we react over the top, as it were, and ask all things that anybody could ever want to increase the safety and security, whether it be of airline travel or border protection et cetera, all of a sudden there are some questions that come to mind. In recent months I had a personal challenge of sorts in terms of my own nomination. During my nomination, one of the issues that came up within the community was in regard to the charter of rights and the human rights provisions provided thereunder, and the need for security concerns to be embraced as well.

We now have a question, when can human rights be discounted somehow by the need to protect the sovereignty or security of a country? I took a very strong position during the last few months. I could not think of an appropriate time when human rights should be somehow discounted or set aside for safety and security reasons. Within the Charter of Rights and Freedoms, we have wonderful protection that Canadians have earned and that all residents enjoy.

The Maher Arar case was a dramatic example of where a person's rights were set aside under the guise of security reasons. I think that most Canadians, and most observers objectively would say, what happened was wrong.

In this particular bill we are talking about something slightly different. We are talking about the transfer of prisoners who are in one jurisdiction, but under certain circumstances could be transferred back to their own jurisdiction, their own home. What are the rules surrounding that?

There are a number of provisions within the bill. I found it interesting that it dealt with a wide range of items including special treatment for young offenders. It dealt with probation and a number of aspects that I would think that Canadians otherwise would not be very familiar with, but the principles still remain fundamentally sound.

In 2003, when Bill C-33 at the time came forward, the Solicitor General of Canada spoke to the bill. I would like to remind the House of a couple of things that the Solicitor General had to say.

He said:

The Transfer of Offenders Act serves an important public protection purpose. Offenders incarcerated in foreign states may be deprived of the opportunity to rehabilitate themselves in the absence of treatment programs in those countries, in the absence of a structured parole system, and in the absence of direct contact with family and friends in their home community. As a result, the chances of long term reintegration of these offenders, and ultimately of better public safety, are greatly reduced. This holds true even when offenders are incarcerated in a country with social standards and customs relatively similar to Canada's.

I thought that was a very interesting statement. I think that I understand and I am quite sympathetic to the reasons why.

But we can also understand how it is very easy for some to say that we are now talking about the best interests of someone who has been convicted of a crime. Members will, and have, in the debates that have occurred before, and again today, talked about victims. There is no question in my mind that the debate surrounding the rights of those convicted, and the rights of victims and families will always be an issue in Canada.

The Solicitor General spoke of rehabilitation. The previous speaker spoke very well about the need to show a rehabilitation balance so that when people are finished their sentence, they can reintegrate into society.

In some cases, where people are emotional about an event, about a crime that occurred, or about a victim's circumstances, it is really easy to say that we should forget about those who committed the crime, put them in jail, throw away the keys and we do not want to see them ever again. That usually tempers itself down and says the sentence is the sentence. Maybe we ought to consider having harsher sentences or longer sentences.

We can start talking about the faint hope clause. We can start talking about other conditional release programs. We can talk about probationary provisions. We can talk about every case where it is clear that the probationary system has let us down.

The expectations of Canadians should be to the highest possible standard. I wonder whether or not in times of emotion, never mind just the public at large, but even members of Parliament can be objective enough to say that our system should not be totally black and white. There has to be some flexibility built into the system. There has to be principles which allow people to rehabilitate themselves so that one day, once they have served their sentence, they can get back into society, and that they stop being a burden on society.

I heard members in this place argue that it costs so much to have someone in jail. This is awful. That is a problem. But the very next debate, we will have someone saying they are not away long enough. So how do we balance this?

The issue or the concept of public good has come up. Unfortunately, even that terminology has been jaundiced somewhat because the concept of the public good has been talked about in legislation dealing with child pornography. Is there a public good which is served by someone being in possession of child pornography? I would say absolutely not.

I have said it in many speeches in this place that the existence of children pornography must necessarily mean that a child has been abused and, therefore, by possessing child pornography, whether one is the creator or the perpetrator of it, one is a participant. Public good gives me some difficulty.

However, we do have a criminal justice system. There are people who do things which are wrong and contrary to our laws, some of them very heinous. We have just had the case of the young girl who was killed by her parents. They were found guilty of killing and dismembering the body of their child. The father has been sentenced to 25 years, without chance of parole. I think the mother has been sentenced to second degree murder, with a 10 or 15 year sentence.

Is it enough? Should those persons ever come out of jail? For some, I am sure that the answer will always be no. They took a life. They should never be able to enjoy what we have here in Canada.

However, what is the humane thing to do with people who commit crimes? For some, it is hard to understand and have compassion for them, other than the fact that they are human beings and as human beings we are all vulnerable. We are all weak by our very nature. We want our sentences to be tough; we want them to be fair, but we also want to deal with the situation about what happens once a sentence is finally discharged.

In the absence of capital punishment, which we do not have here, that means that members are either going to have to argue in favour of capital punishment and let us go that way, and see whether or not there is an appetite in Canada. If not, there must be a justice system which is based on rehabilitation, which acknowledges that people eventually come out of jail and that rehabilitation is better than simply incarcerating them and letting them rot in a cell until their time is done, and then throw them out into society without the tools that prepare them to be able to integrate and be safe themselves, and safe for others to be back in society.

This is a very difficult question. It is a question that I think will always be with us because there will always be heinous crimes. There will always be bad people out there out there who do bad things. However, should our laws continue to be directed at those who commit the most serious of crimes?

I recall that some years ago I gave a speech related to the crime of murder and sentencing. I do not remember the statistics specifically, but the incidents of murder committed by a family member against another family member was very high.

Murder is murder, but now we have to look at what happened and why, and what are the other reasons why things occurred. Those are taken into account by the courts and by the justice system as to what is an appropriate way to handle things.

Sometimes there are circumstances which take some understanding. I do not think very many people in this place have the training that people have in being judges, people who are involved in the parole system, and people who are lawyers and argue these cases and have eminent experience in how to deal with them. However, if we were to put all that wisdom together, I doubt it would be found in any one person in this place.

We acknowledge that. That is why we will be bringing in and discussing points on legislation, just as with this one, which are elements of a much broader picture.

What does our criminal justice system look like? I have looked at some of the debate that occurred back about a year ago, last April. I believe one of the points put forward by the member for Crowfoot when he was talking about clauses 13 and 14, concluded by saying:

--a Canadian citizen can go to another country, commit a crime, for which there could be a much more substantial penalty, and be transferred back home here to serve a much lesser sentence

I suppose technically and mathematically that may be the case where the sentencing provisions in one jurisdiction might be different than another. However, the principle of the law in this bill is that the sentence will be the sentence had the crime been committed within Canada. That is the principle, notwithstanding what the other jurisdiction may have.

Members must keep in mind that it will be very difficult to balance or to understand and equate two systems of justice, how they are arrived at and what the provisions are, whether or not there is any chance of parole, whether there is any chance of rehabilitation, et cetera. The systems are very different. I am sure we could think of many countries where in fact the provisions of the criminal justice system are quite different.

I am confident that the justice committee has done its job with regard to this bill and that there was the one amendment to clause 10(1)(d) that would provide this humanitarian element, which I think has been very appropriate.

Having listened to members, I have been reminded about their concerns and about the criminal justice system generally. However, with regard to the principle of the bill to permit where a sending country, a receiving country and the person who has been convicted of a crime and is serving a sentence all agree that this is an appropriate thing, and takes into account existing treaties, it would probably give us a better opportunity to expand those treaties to other countries where we have Canadians abroad.

I understand others have given the numbers. Generally, from what I have heard, the House believes that the principles are fundamentally sound. For that reason I will also be supporting this bill.

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, I appreciate the member's comments on the bill. The member raised the issue of the justice committee report. I noted that the very brief report simply makes one amendment to Bill C-33, which is the previous incarnation of this bill back in the second session of the 37th Parliament. It added that phrase on determining residency as well as paragraph 10(d), which states:

whether the foreign entity or its prison system presents a serious threat to the offender's security or human rights.

I think this is an excellent amendment, but it also raises the concern about our track record in negotiating with countries that do not share Canada's principles with regard to human rights. The issue in the bill that is most interesting to me is the whole aspect of human rights; the member raised the Maher Arar case and the fact that a Canadian citizen was deported not to Canada but to Syria.

I think the member is quite right in highlighting this. I wonder if he would like to comment a little further on the consequences of failing to defend at every opportunity the human rights of all, regardless of citizenship, and also to protect the human rights. I would like him to comment on whether or not there is any case in his view where the human rights of someone should be seconded or discounted for security reasons.

[Kevin Sorenson, Canadian Alliance, Crowfoot, AB]

Mr. Speaker, I rise today to debate Bill C-15, amendments to the transfer of offenders act. This legislation was first introduced as Bill C-33 in the last Parliament and was debated almost a year ago.

In fact, I stood in the House on April 29, 2003, condemning the Liberal government because it came forward and provided less than 24 hours between the time we received a copy of the bill and had a first chance to look at the legislation and the time we were asked to first stand and debate the bill. It was less than 24 hours later that we were asked to debate the bill.

I said that the government's move to force debate was “indicative of its inconsideration” for Parliament and of its “disrespect” for Parliament and also for the opposition. It was totally inconsiderate of the government to provide so little time for us to digest the content of this legislation before initiating debate. In my mind, the only rationale for such inconsideration and such an irresponsible move was that the government was devoid of any other meaningful legislation. In other words, I said then, the government's agenda was “empty”.

Now, a year later, the agenda remains that way because this government has yet to seek a mandate to govern. Quite obviously the government is in neutral, or worse, it is coasting backwards. It is losing ground. Nothing has changed since April 2003, when the Prime Minister, then only a leadership hopeful, said:

But in recent times a kind of complacency--a certain amount of drift--has set in. We've lost some of the energy and enthusiasm that Canadians are looking for.

He was talking about Parliament. The member for LaSalle--Émard, now the Prime Minister, after months of silence on his government's agenda and his own plans for moving the country forward, at that time was chronicling his predecessor's lack of achievement and inaction.

Pointing toward Ottawa's strained relationship with the United States administration over the war in Iraq, the lack of focus on the waiting lists in the health care system, and the outbreak of SARS, the member for LaSalle—Émard said that these areas required immediate attention.

Well, Mr. Speaker, this Prime Minister has now been the Prime Minister for over four months and he has not moved the agenda forward at all. We are still in limbo because, again, this Prime Minister does not have a mandate to govern.

With regard to the legislation before us today, Bill C-15 repeals and replaces the old Transfer of Offenders Act to expedite the transfer of Canadian citizens serving sentences in penal institutions abroad from those institutions to penal institutions in this country. It also provides for the expedited transfer of foreigners serving sentences in Canada to their home countries.

Bill C-15, in my opinion, is nothing more than a reaffirmation that public safety and the rights of the victims are not priorities at all with the government. Bill C-15 is but one more attempt by the government to tip the scales of justice in favour of the offenders.

Clause 3 of Bill C-15 states:

The purpose of this Act is to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.

In a press release on Bill C-33, the former solicitor general stated that the Transfer of Offenders Act was more than 20 years old and only authorized the transfer of offenders between Canada and recognized states. Furthermore, he stated:

...this bill is significant from a humanitarian perspective. Conditions of confinement in some countries impose severe hardships on Canadians.

If Bill C-15 were about humanitarian efforts, if it were to ensure that Canadians would not be subjected to inhumane treatment, we would support the bill. We would support it because the fundamental principle within our justice system is the right to a fair trial and the right to humane treatment. However, as members will note, even if we look at the summary of Bill C-15, that is not what this is about.

If we look at the purpose and principle section of Bill C-15, the legislation is not about humanitarian efforts. This legislation is not only about allowing Canadian citizens who commit crimes in other countries to serve their sentences in more humane prisons, it is about bringing them home and, in some cases, putting them in prisons that are club fed types of institutions, resorts. It is about reducing the sentence imposed by another country.

Bill C-15 sets an alarming precedent in its attempt to impose the norms of the Canadian criminal justice system upon crimes committed and adjudicated somewhere else.

Clause 14 reads:

Subject to subsection 17(1) and section 18, if, at the time the Minister receives a request for the transfer of a Canadian offender, the sentence imposed by the foreign entity is longer than the maximum sentence provided for in Canadian law for the equivalent offence, the Canadian offender is to serve only the shorter sentence.

This is because under clause 13 it states:

The enforcement of a Canadian offender's sentence is to be continued in accordance with the laws of Canada as if the offender had been convicted and their sentence imposed by a court in Canada.

In essence what we have here is that a Canadian citizen could go to another country, commit a crime for which there would be a much more substantial penalty, and be transferred home to serve a lesser sentence. What this could amount to is immunity of Canadian citizens. In my opinion, that is wrong. It flies in the face of recent Supreme Court of Canada jurisprudence.

In Kindler v Canada, Justice McLachlin, writing for the majority, observed:

The simple fact is that if we were to insist on strict conformity with our own [criminal justice] system, there would be virtually no state in the world with which we could reciprocate. Canada...would be the loser.

Furthermore, in the United States v Burns, the Supreme Court of Canada made the following observation:

A competing principle of fundamental justice is that Canadians who are accused of crimes in [a foreign jurisdiction] can ordinarily expect to be dealt with under the law which the citizens of that jurisdiction have collectively determined to apply to offences committed within their territory, including the set punishment.

I agree that if a Canadian citizen commits a crime in another country, that person should pay the price--

[The Speaker]

The Chair is satisfied that this bill is in the same form as Bill C-33 was at the time of prorogation of the second session of the 37th Parliament.

Accordingly, pursuant to order made Tuesday, February 10, the bill is deemed read the second time, considered by the Standing Committee on Justice and Human Rights and reported.

(Bill read the second time, considered in committee and reported)

[Jacques Saada, Liberal, For the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness]

moved for leave to introduce Bill C-15, an act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences.

Mr. Speaker, pursuant to special order made earlier, I wish to inform you that this bill is in the same form as Bill C-33 at the time of prorogation of the previous session.

(Motions deemed adopted, bill read the first time and printed)

Reinstatement of Government Bills

[Dennis Mills, Liberal, Toronto—Danforth, ON]

Mr. Speaker, I want to begin by saying through you to the member for Rimouski--Neigette-et-la Mitis that as long as she is present in the House of Commons, Quebec's voice will never be diluted. As I reflect back over the last 16 years I have served in this chamber, one of my special joys has been meeting members from different parties for whom I feel great admiration for the work they do. The member is one of the special contributors to helping this place be a better place.

On the point of the motion, I humbly disagree with my colleague from the Bloc Québécois. It is important that we let Canadians know what we are trying to achieve. It is an easy thing to pick and choose the bills that we are trying to reintroduce to the House in this motion.

I heard one of the members from the new Conservative Party this morning put a big focus on Bill C-38, the marijuana bill. This is not about reintroducing just the marijuana bill. There are a number of bills on this motion that we are trying to reintroduce.

We should tell Canadians the reason we are trying to reintroduce these bills that lapsed in the last session is we want to pick up where we left off, especially with those bills on which we probably have a consensus, such as: Bill C-10B, cruelty to animals, which I will come back to in a minute; Bill C-17, public safety; Bill C-18, an act respecting Canadian citizenship; Bill C-20, protection of children; Bill C-26, the railway safety act; Bill C-33, international transfer of persons found guilty of criminal offences; Bill C-43, the Fisheries Act; Bill C-52, the Radiocommunication Act; and Bill C-56, an act to amend the Patent Act and the Food and Drugs Act. There are many more like these bills.

If we are going to be candid with the Canadian public who are listening to this debate today, we have to let them know that it has been a convention for hundreds of years that in a new session the government has up to 30 days to introduce bills that died on the Order Paper when the previous session ended. This is a convention that has long been practised. It does not mean that when these bills come back we will vote on them all at once. Members will have a chance to say yea or nay on each individual bill.

The idea of delaying this has an adverse effect on citizens in every riding of the country. Some of those bills touch every riding in the country. A case could be made on the electoral boundaries. We all know what that is about. That is an attempt to delay the election. I personally would not have any problem if we delayed the election for a while, but the reality is that we will have a chance to vote yea or nay on all of these bills when they come back. I do not think this delay tactic serves the opposition party well.

I want to talk about a very specific bill on the Order Paper that has concern in my riding and has had national attention in the last couple of weeks. It is Bill C-10B, cruelty to animals.

As hon. members may know, Withrow Park is in my riding. It is a fairly large park. It certainly would not be large by the standards of the member for Rimouski, but in my little community in downtown Toronto, Withrow Park is a major park and is probably about 10 to 15 acres big. About two weeks ago someone put poison in the park where people walk their dogs and from time to time let the dogs off the leash. The one that hit national media was T-Bone, a King Charles spaniel. He was quite well known.

In my constituency there are over 10,000 pet owners. Those pets are sources of comfort and have special relationships with many of the seniors and families in my riding. The attachment, the love and the affection for these animals is in many respects similar to that of parents with children. The notion that someone would drop poison is overwhelming. In fact the poison is not even available in Canada; it can only be obtained by licence in the United States.

It is that kind of insensitivity with which a bill like Bill C-10 deals. The notion that this House would work at delaying reintroducing a bill like that is not in my mind a constructive way to go.

I am hoping that through the motion that is on the floor today we can create some new consensus so that we can move forward on getting these bills back on track.

A lot of people would feel pretty anxious if an election was upon us and we let a lot of these bills die before the election. When we came back, I believe we would have to go through the entire process again. What is that process? Probably a lot of Canadians do not realize that hours and hours go into getting a bill to this stage. Witnesses come to the various committees of the House of Commons and give members of Parliament from all parties expert advice on designing the bills.

In the manufacture, preparation and formulation of a piece of legislation in the House, we do not just snap our fingers and a bill is put together by the legislative branch. Bills are built after receiving hundreds of hours of input from citizens across Canada. Some of them use their own money to come here to give expert testimony. The House of Commons committee system funds some of them to come here. The notion that we would just scrap all of that work is most disrespectful to the work of all of those witnesses we have heard with respect to the 40 or 50 bills that we are trying to put back on the Order Paper.

I would appeal to the leadership of the Conservative Party and the leadership of the NDP. The NDP should take a strong stand on this because I know there are bills here on which the NDP has had a strong influence. Those members should stand and say they support the government in moving these bills forward.

There are bills that affect every region of our country, such as the administration and accountability of Indian bands. Look at all the great work that went into putting that bill together. Look at all the travel time from every region of the country, especially the long distances from the north. Look at the ethics bill. How could the opposition not want us to proceed on the ethics bill? There is also the whole area of the Food and Drugs Act.

These are bills that affect the health of the citizens of every riding in the country. The notion that there would be opposition to bringing these bills back and passing them is counterproductive. It is part of the reason that people lose trust in this place, because stalling just for the sake of stalling I do not think serves anyone very well.

[Roy Cullen, Liberal, Etobicoke North, ON]

Mr. Speaker, the motion seeks to reinstate bills that died on the Order Paper when the previous session of Parliament ended.

As all of us know, the goal of the motion is a simple one: to spare members the burden of having to repeat work on bills that got as far as the committee stage in the last session.

This is especially commendable given the numerous pressures MPs are under and the limited resources available to us.

What features are contained in the motion? Simply put, under the motion a minister would be able to request during 30 sitting days after the motion's adoption the reinstatement of a bill that had reached at least the committee stage when the last session ended. Should the Speaker be satisfied that the bill is the same as in the previous session, the bill would be reinstated at the same stage as before.

Thus during this session we can skip all the stages of debate that have been completed so far. The work of the committees that are considering the bills would consequently be preserved. In short, this is a very appealing option.

Parliament relies heavily upon precedents which means we are constantly looking over our shoulder to ensure new measures are consistent with past practices. Is this motion in keeping with the longstanding practices of the House? It is in fact a practice we have had for over three decades.

On a number of occasions reinstatement motions have been adopted by consent and without debate. It is clear that today's motion is well within the bounds of accepted parliamentary practice. This is supported by Marleau and Montpetit's authoritative guide to parliamentary procedure which discusses this issue in some detail. While they recognize that as a general principle prorogation of a session means that all bills that have not yet received royal assent die on the Order Paper and must be reintroduced in the new session, they also recognize that “bills have been reinstated by motion at the start of a new session at the same stage they had reached at the end of the previous session; committee work has similarly been revived”.

One point that needs clarification is that this motion allows the government the flexibility to reintroduce certain bills. It does not require the government to reintroduce all bills that were on the Order Paper at a certain stage when Parliament prorogued. Let me give an example of some bills which the government would have the flexibility to reinstate if it so chose.

One is Bill C-7 on the administration and accountability of Indian bands. The new government has indicated it would like to revisit that whole question of governance but nonetheless, this motion would give the government the flexibility to reintroduce that bill should it so choose.

Another one is Bill C-10B on cruelty to animals which has received a lot of attention in my riding. Bill C-13, assisted human reproduction, as an example had passed third reading and had been sent to the Senate and a great deal of the work that had been done here in the House of Commons would have to be redone. Bill C-17 on public safety was another bill that had passed third reading and had been sent to the Senate.

Bill C-18, an act respecting Canadian citizenship, is another bill that the government if this motion passes will be able to reintroduce if it so chooses. Bill C-19, first nations fiscal management, was at report stage. Bill C-20, protection of children, was at report stage. Bill C-22, the Divorce Act, was in committee. Bill C-23, registration of information relating to sex offenders, had passed third reading and had been sent to the Senate. Bill C-26, the Railway Safety Act, was in committee. Bill C-27 on airport authorities was at second reading when the House prorogued.

Bill C-32, Criminal Code amendments, had passed third reading and had been sent to the Senate. Bill C-33, international transfer of persons found guilty of criminal offences, was at report stage when we prorogued. Bill C-34, ethics, had passed third reading and had been sent to the Senate where it had been amended.

These are bills that have gone through a lengthy debate and process within the House of Commons and some already within the Senate.

Bill C-35, remuneration of military judges, had passed third reading and had been sent to the Senate. Bill C-36, Archives of Canada, had passed third reading and had been sent to the Senate. Bill C-38, the marijuana bill, was at report stage and second reading. Bill C-40, Corrections and Conditional Release Act, was at first reading when the House prorogued. Bill C-43, the fisheries act, was at first reading when the House prorogued.

Bill C-46, the capital markets fraud bill, had passed third reading and had been sent to the Senate. This is a bill that will help the government deal with the kind of corporate fraud that we have seen with Enron and many other examples. We want to make sure that our government has the ability to deal with these types of issues so that investors are protected from the fraudulent activities of the management of various companies and their directors.

Bill C-49, the electoral boundaries act had passed third reading and was in the Senate.

Bill C-51, the Canada Elections Act, and Bill C-52, the Radiocommunication Act, were at second reading when the House prorogued. Bill C-53, the riding name changes, had passed third reading and was sent to the Senate. Bill C-54, the Federal-Provincial Fiscal Arrangements Act was in committee as was Bill C-56, the Food and Drugs Act, when the House prorogued. Bill C-57, the westbank first nation self-government act was also in committee.

There was a lot of work involved in getting these bills to this stage. The government is not necessarily committing to reintroducing all these bills, but we want the flexibility to reintroduce those bills which we support and not have to reinvent the wheel.

The amendment put forward by the member for Yorkton--Melville indicates that there are a number of bills that, given the government's flexibility, he would not like to have reinstated. That includes Bill C-7, the bill dealing with the administration and accountability of Indian bands. Our government may want to revisit that bill.

The member for Yorkton--Melville has said that Bill C-13, the assisted human reproduction bill, should be left alone as well. He names a number of other bills such as Bill C-19, Bill C-20, Bill C-22, Bill C-26, Bill C-34, Bill C-35, Bill C-36, Bill C-38.

I should point out that a number of these bills, Bill C-13 for example, passed third reading and was in the Senate.The member for Yorkton--Melville wants us to start all over with that bill.

He said that Bill C-34, the ethics legislation, should not be reinstated, yet that bill had passed third reading and was sent to the Senate where it had been amended. We all know about that bill.

He said that we should start all over again with regard to Bill C-35, remuneration for military judges legislation. That bill had passed third reading and was in the Senate,.

I do not know what is so contentious with regard to Bill C-36, the archives of Canada legislation, but the member for Yorkton--Melville wants us to start all over again with that bill. Bill C-38, the marijuana bill, was at report stage.

A lot of work has already been done in this chamber and in the other place on bills that, without the passage of this motion, would have to be started all over again. There is a long list of precedents for reinstating government bills and reviving committee work.

For example, in 1970, 1972, 1974 and 1986, the members of this House gave their unanimous consent to a motion to reinstate bills from a previous session.

In 1977 and 1982 members amended the Standing Orders to allow Parliament to carry over legislation to the next session. All of which testifies to the longstanding practice of the House of allowing the reinstatement of bills at the same stage as was the case in the previous session, which is precisely what the motion calls for.

It is interesting to note, and I have some personal interaction with this particular idea, that the procedure proposed in the motion is similar, in fact it is identical, to that which exists in the Standing Orders for private members' bills which the House adopted in 1998.

I have a private member's bill, Bill C-212, an act respecting user fees, that unanimously passed all stages in the House, was in the Senate, had passed first reading in the Senate and had been referred to the Senate Standing Committee on National Finance. Then we prorogued. Without this particular feature, I would have had to start all over again in the House of Commons after two to three years of work and a bill that had passed unanimously at all stages in the House of Commons.

With this particular Standing Order, the bill is already on the floor of the Senate. We did not have to reinvent the wheel here in the House of Commons. I am hopeful that it will be passed to the Standing Committee on National Finance shortly and then onwards from there.

We say that those rules are good for private member's bills, in fact they have the support of the House because they are now part of the Standing Orders. We say, on the one hand for private members' business, it is all right to reinstate these bills, but for the government's business it is not, this is a whole new thing.

The member opposite said that if we have a new government then why do we not have new ideas. I can assure the member that if he read the throne speech, and if he looked at the new democratic deficit paper, this is just the start. He will see that the government will be operated very differently.

However, having said that, there is no problem in my judgment to reintroduce those bills that make sense. There has been a lot of work done already. With this motion, the government would have the flexibility to deal with these bills that have been passed, where there is consent of the House, and send them to the Senate.

It is interesting to note that in 1977, a private member's bill was reinstated after Parliament was dissolved.

All of which inevitably leads us to the conclusion, as I said earlier, that if it is reasonable to reinstate private members' bills at the same stage, surely we have the common sense in this chamber to say that it is reasonable to follow the same procedure with respect to government bills.

What would be different about government bills? If we have adopted the procedure in the House for private members' business, why would we want different rules for government business, unless we are out to score political points or be partisan in our debate?

I should point out that this practice of reinstating bills is also practised in other mature democracies that have ruled in favour of bringing legislation forward from one session to another.

I think of the parliament in the United Kingdom from which many of our own parliamentary practices originally came. It has reinstatement motions to allow government bills to carry over from one session to the next.

The official opposition has told the media that it would oppose the motion for the sole purpose of delaying bills from the last session. This is patently unfair and contrary to House practices. The attitude shows it has little regard for the work of the House and for Canadian taxpayers. Opposition members will ask members of the House, at great cost to the public treasury, to come back and re-debate bills that have already passed this chamber and are in the Senate in many cases.

The bills that will be reinstated would include the legislation to accelerate the coming into force of the new electoral boundaries which was passed by the House of Commons and sent to the Senate.

We talk about dealing with western alienation. This particular legislation would allow more seats for British Columbia and Alberta. This is the way to proceed. Why would we want to delay that bill? Why would we want to have the debate all over again on something that is patently obvious.

We take the census and figure it all out, and draw the boundaries. This is not rocket science. This is done by Elections Canada. It redefines the boundaries. It recognizes that Canada is a growing country, that different areas are growing more quickly than others, and it redefines the boundaries.

If we have that bill when the next election is called, Alberta and British Columbia will have a bigger voice. I think Ontario would receive more seats as well. I am sure that there could be an amendment that could be put forward to deal with Nova Scotia perhaps.

There is the legislation to create an independent ethics commissioner and a Senate ethics officer, something that the members opposite have argued for vociferously for months, perhaps years. This bill could be reinstated very simply by agreeing and adopting this motion. We could have an independent ethics commissioner for the House and a Senate ethics officer.

The motion should have the support of the House. It is the practice in most mature democratic countries.

In conclusion, we need to be clear that adoption of the motion does not mean that all the bills that were on the Order Paper when we prorogued would automatically come back. It means that the government would have the flexibility to pick those bills that, in its wisdom and judgment, it sees fit to bring back. That would allow us not to have to reinvent the wheel and re-debate those bills that have the support of the chamber. Many of them also have the support of the Senate, at least at first reading stage.

The motion before us today does not represent a break with our parliamentary traditions. In fact, it is very much a part of our parliamentary traditions and it is entirely consistent with the practice of the House dating back to 1970.

Moreover, the measures described in the motion would greatly contribute to freeing up the members so that they can focus on the important task of developing new initiatives for promoting the well-being of Canadians.

With this in mind, I certainly intend to support this motion. I would urge other members to support it so we can get on with the business of the House, the important business and legislation that can be brought forward and reinstated and not have to be re-debated.

[Don Boudria, Liberal, Glengarry—Prescott—Russell, ON]

Mr. Speaker, I am sure you will understand why it is difficult for me to resist the temptation to take part in this afternoon's debate. We have just heard a version of the truth that strikes me as very odd. It does not match at all what I understand to be the question at issue.

First, let us consider whether a precedent is being set today. In my opinion, that would be a good place to start. In fact, believe it or not, Mr. Speaker—you must know this, because you are so objective and non-partisan—the House has been adopting similar motions for 30 years. It has been 30 years; that is a long time. I know, because I have been here a long time as well.

In 1970, 1972 and 1986, not only did we have similar motions but they were unanimously passed by the House of Commons. Unanimously.

I am sure that my hon. colleagues opposite who have spoken against the motion had not considered what I have just said, and that, in the light of these facts, they might want to change their minds and vote in favour of the motion proposed by the hon. government House leader.

Moreover, in 1991, 1996 and 1999, and even as recently as 2002, the House adopted motions absolutely identical to the one proposed today. I know something about those, because in 1996, 1999 and 2002, I was the government House leader, and so I remember it well. We already know it is not without precedent.

I should add, because some hon. members spoke about what they see as a democratic deficit, that in fact the democratic deficit is on the other side of the House, and we see what has happened.

The hon. members opposite wanted a motion that would reinstate private members' bills—not government bills but private members' bills. The House, in its wisdom, passed the motion. That means that now, an hon. member—more often than not someone from the opposition—can rise in the House and revive a private member's bill, at the stage already completed. At the same time, they say, “No, this rule is good for us, but it is not good for you, over on the government side”.

There is a democratic deficit on the other side of the House. I will come back to that later. The hon. government House leader has moved a motion, and we have just established that it is exactly identical to, the same as, those in past sessions, many of which passed unanimously.

Yet, what does the opposition do? The hon. member for Scarborough—Rouge River, who was an excellent parliamentary secretary and is a known expert on the matter, told us earlier, and rightfully so, that in fact the motion does not reinstate any bill. It simply authorizes the government to bring back a bill from the previous session at the stage already debated and approved by this House. That is all it does.

Then we are left to ask the question, if the House has already voted on a piece of legislation, the hon. member across who has said there is a democratic deficit, why is he against our accepting the fact that the House has already voted on it? Is it not the basic concept of respecting the democratic principles to accept the fact that we have already voted regardless of whether we voted in favour or against?

Surely the House has voted and that should be respected. However, the hon. member said that it does not count. He wants a second kick at the can.

Mr. Speaker, in the unlikely event that I have not convinced you, let me tell you what other scheme the opposition is up to.

The government moved a motion, the one introduced by the hon. leader of the government in the House of Commons. The opposition introduced an amendment. Some would say fair game; any motion can be amended. However the opposition does not want the House to vote on its amendment. Why do I say that? It is simple. I know a few procedural tricks myself.

The opposition introduced a subamendment. For the benefit of all colleagues and perhaps anyone who is listening to this debate, when we are dealing with a motion as opposed to a bill, an amendment can be introduced and then a subamendment can be introduced. When the subamendment is dealt with, a new subamendment can be introduced so that we never get back to the original motion so that the government cannot move the previous question. If the government cannot move the previous question, that means the debate will go on forever and the motion will never be voted on. That is exactly what it means and I challenge any member across the way to tell me it means anything else. It means that the first motion cannot be voted on.

The opposition has created a situation where the only way to resolve the impasse is for the hon. minister to invoke closure. There is no other way, otherwise the democratic principle of voting on the motion can never be achieved. It can only be achieved by putting a motion that the debate end at some time because otherwise it will not end. If the hon. member says that is not true, then let him remove the subamendment and let him remove the amendment and let us debate the main motion.

Obviously the opposition does not intend to do that because it has created the two scenarios to force the government to move closure and then the opposition members stand here and sanctimoniously claim that the government is otherwise undemocratic because it has moved closure. They are the ones who provoked it. Did they not think we would see through that? Did they think that Canadians would not understand what I have just said? It is crystal clear. I am sure all Canadians understand how Parliament works. I am sure they understand that what the opposition is doing here is not democracy but the denial of it. That is what we have before us today.

I look forward to the exchange with the hon. member in questions and comments later when he explains to us how he was pretending with crocodile tears that there was some sort of democratic deficit, as he referred to it, because the hon. minister moved closure.

The hon. minister proposed a motion which we recognize has already been voted on democratically by the House of Commons, a debatable motion, a votable motion. Not only did members across not want to vote to accept that which the House had already voted on, which they should, they did not want to accept the principle that the motion in question be debated because they introduced an amendment and then a subamendment to stop us from getting back to the main motion. That is crystal clear. It would take only a few minutes for anyone who understands anything about how this place works to determine that is the case.

Why is the hon. member across afraid of voting on the motion? Is it, as the hon. member for Scarborough--Rouge River astutely pointed to earlier today, that the opposition does not know whether it is in favour of the reinstatement motion or against it ? Does the opposition simply want to amend it and subamend it so that it can be debated for eternity and thereby force the government to use closure so that in fact we vote on the closure motion?

In the end this will be quite interesting. I do not know when the closure vote will take place but presumably it will be very soon. After we vote on the subamendment and the amendment, I will be curious to see how the hon. member votes on the main motion. If he votes against the main motion, that means he fails to respect the fact that members have already voted on that issue. If he votes for the main motion, then I am forced to ask the question, why did he bother to put the amendment and the subamendment if he was in favour of the original proposition unamended?

Canadians will have to ask themselves these questions about the behaviour of the hon. member across and all of his colleagues who have proposed the amendment and the subamendment.

I would be very curious to know where the Conservatives opposite get their facts. May I also remind this House, since the member has now declared himself a Conservative—I must say, better him than me, and he can be sure I will never try to take his Conservative title away from him—that the Conservative Party had moved similar motions in 1986 and 1991. Perhaps he could tell us if he is against these reinstatement motions.

Could it be that the Conservatives were wrong when they moved these motions in the past? If he is in favour of reinstatement motions, why did his party put forward an amendment and an amendment to the amendment to prevent us from voting on the main motion?

That is what is before us today. In conclusion, allow me to point out what bills we are talking about.

A number of these pieces of legislation are very important.

Bill C-57, the Westbank First Nation self-government bill is an important bill. Why does the hon. member and his colleagues not want us to pick up where we left off on it? What about the Food and Drugs Act amendments, Bill C-56, of the last session? What about Bill C-54, the Federal-Provincial Fiscal Arrangements Act to transfer money to the provinces? Why is he against us recognizing the work that Parliament has done on these bills? Why is he against the Radiocommunication Act?

There was also the acceleration of the redistribution, Bill C-51. That is an interesting bill. We now hear that the so-called new Conservative Party, if that is not an oxymoron, is now against Bill C-51. It was the House leader of the then Alliance Party who asked for the bill in the first place in order to accelerate the redistribution. Now that party is against reinstating that bill and has threatened to amend the bill once it comes forward.

With regard to capital market fraud, the so-called Enron bill, why is the opposition against us wanting to increase transparency in the finance sector? What about Bill C-43, the Fisheries Act? What about Bill C-40, the Corrections and Conditional Release Act? It is interesting to note that this bill deals with tightening up security and the safety for Canadians, police work, et cetera. That party always alleges it is in favour of such measures, but it is not showing it.

What about Bill C-36, the Archives of Canada act. I remember a then Alliance member who worked very actively with me to amend that bill to make it go forward. I am looking at him right now, the critic for Canadian heritage of the then Alliance party. Why is he against us moving ahead with that bill when he worked so hard to get it improved and passed in the House? I do not understand.

What about the remuneration of military judges? What about Bill C-34, the ethics bill?

Not every one of these bills will be introduced by the government, but a large number of them will be. This is an enabling motion permitting the government to reintroduce every single one of them. Why is the opposition against that?

Let me go a little further by mentioning the international transfer of persons found guilty of criminal offences, Bill C-33. The opposition again, allegedly on the side of public safety, is against us moving ahead to bring that bill back at the stage it was at.

Criminal Code amendments should strike a chord with the folks across, but no they do not. I think principles have been overtaken on the opposition side. The hon. member across invoked so-called principles, but hon. members across saw an opportunity to, in their view, embarrass the government for moving closure very early when it came back.

As we have already established, once we have the amendment and the subamendment, we create the condition which can only be solved by having closure. One could argue very successfully, if it was looked at totally objectively, that it is the opposition that is forcing this closure upon the House, not the government.

Let me mention some more legislation. We have Bill C-27, the airport authority bill. Bill C-26, the Railway Safety Act, was in committee. Bill C-23, the registration of information relating to sex offenders, was passed at third reading and sent to the Senate. The opposition does not want us to reinstate that bill. It wants us to go back to the beginning presumably. What does the opposition have against us trying to improve the safety of Canadians by proceeding with the legislation in a more expeditious way, recognizing the work already done by hon. members of the House?

There are more bills. There is Bill C-7, the accountability of aboriginal communities bill. Surely hon. members would be in favour of that because they keep invoking it in speeches in the House of Commons. Assisted human reproduction, Bill C-13, was a bill that stayed for years in the House at various stages. There were white papers, preliminary bills, final bills, witnesses all over the place, and finally we received a conclusion to it and it was sent to the other place where it was not quite concluded there.

Why should we have to restart work that has already been done? Why can we not respect the democratic will of members who have seen fit to vote on that issue in the past and send it to the Senate. Surely that is respecting the democratic institutions, not the other way around.

Why does the hon. member not withdraw the subamendment and amendment? Of course we know that will not to happen because the opposition members are up to using procedural tricks to stop the government from proceeding with this. That is what they are doing. They are being excessively partisan again. The way they are behaving now it is a small wonder Canadians do not trust the opposition to form a government.

In conclusion, why do we not just carry the motion right now and reinstate those bills right where they were or allow the ministers in each case to reinstate the bills? It is not to skip steps in bills. It is merely to recognize the work already done by us, members of the House. What could be more democratic than that? That is what should happen right now, and surely that is the correct approach.

The hon. member's party itself gave unanimous consent for that exact motion before. I know because I put the motion to the House at the time. It passed without even debate in the House in the past. The hon. member knows that is correct.

Why does the member not remove the amendment and subamendment and carry the motion right now? Why does the member not stop this unnecessary foolishness of trying to force the government to do this in order to pretend that the government is moving closure whereas it would not have otherwise.

We know the truth. We all know what it is like. We want to recognize the work done by members on all sides of the House on all those pieces of legislation and recognize the value of their work.

I ask the hon. member again to allow this vote to take place right away. Then we can get to business, complete this legislation and proceed with other legislation, all for the betterment of Canadians. That is what we are for on this side of the House. Let us see if the hon. member across is in favour of his partisanship or is in favour of helping Canadians.