Bill C-15 (Historical)

An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999

This enactment amends the Migratory Birds Convention Act, 1994 to
(a) state that that Act applies in the exclusive economic zone of Canada;
(b) protect migratory birds from the effects caused by deposits of harmful substances, such as oil, in the exclusive economic zone of Canada;
(c) state that that Act applies to vessels and their owners and operators;
(d) subject masters, chief engineers, owners and operators of vessels and directors and officers of corporations to a duty of care to ensure compliance with that Act and its regulations;
(e) expand the enforcement powers to include orders to direct and detain vessels found to be in contravention of that Act or its regulations;
(f) expand the jurisdiction of Canadian courts to include the exclusive economic zone of Canada;
(g) increase penalties; and
(h) permit courts to impose additional punishments in the form of orders covering matters such as environmental audits, community service and the creation of scholarships for students enrolled in environmental studies.
This enactment also amends the Canadian Environmental Protection Act, 1999 to
(a) protect the marine environment from the wrongful activities of ships as well as persons;
(b) include prohibitions concerning the disposal and incineration of substances at sea by ships;
(c) include regulation-making authority to deal with disposals of substances during the normal operations of ships, aircrafts, platforms and other structures;
(d) expand the enforcement powers to include orders to direct ships found to be in contravention of that Act or its regulations;
(e) subject owners of ships and directors and officers of corporations that own ships to a duty of care to ensure that ships comply with the provisions of that Act and its regulations concerning disposal at sea and with orders and directions made under that Act; and
(f) expand the jurisdiction of Canadian courts to include the exclusive economic zone of Canada.

Migratory Birds Convention Act, 1994

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Mr. Speaker, I am pleased to address hon. members today on an important bill for the protection of the marine environment and marine wildlife, namely, the bill to amend the Migratory Birds Convention Act, 1994, and the Canadian Environmental Protection Act, 1999, or CEPA. The focus of my remarks will be on the amendments proposed for CEPA.

As hon. members may be aware, Canada has a long history in the development and implementation of federal laws to protect the marine environment. The number of birds dying is not acceptable and Canada needs to do more. The Canada Shipping Act has elements to promote the protection of the environment, such as provisions to control discharges at sea, but we need to do more. Hence, the amendment.

The federal Fisheries Act contains a general prohibition against the release of harmful substance into Canadian fishery waters. The Oceans Act of 1996 was the first marine related federal law to acknowledge a precautionary approach to the protection of Canada's marine environment. The Oceans Act also provides regulation-making authority to designate marine protected areas and to prohibit specific activities within those areas.

The Ocean Dumping Control Act, followed by the original Canadian Environmental Protection Act of 1988, implemented the 1972 London convention on the prevention of marine pollution.

Lastly, the Canadian Environmental Protection Act, 1999, replaced the CEPA of 1988 and implemented both the London convention and the 1996 protocol under that convention.

Over the past two or three years, CEPA, 1999, has faced the challenges of being unable to deal with the problems of discharges of oil by ships travelling in or passing through Canadian waters, discharges that bring about the death of migratory birds. As well, these releases occur in the exclusive economic zone, EEZ, and cannot be dealt with under current CEPA, 1999, because the enforcement provisions of the act do not stipulate that its provisions apply in the EEZ. Thus, the Government of Canada is finding it impossible to take action against and to rectify incidents of pollution in the exclusive economic zone.

Ships that dispose of oil at sea in a manner that is not incidental to the normal operation of a ship can escape Canada's jurisdiction. They do so by entering the exclusive economic zone or the high seas which are international waters. Given the current wording of CEPA, 1999, enforcement officers designated under the act have no authority to engage in hot pursuit of non-compliant ships.

The report entitled, “Seabirds and Atlantic Canada’s Ship-Source Oil Pollution”, published by the World Wildlife Fund in 2002, alleges that for Atlantic Canada alone there are approximately 2,500 spills or releases of oil and chemicals each year, and those are only the reported incidents. There may be more such harmful releases that are unreported and that Canada will have to track using aerial surveillance and other means. What purpose does aerial surveillance alone serve without the legislative and regulatory tools to take action in the face of environmental damages caused by spills and releases?

The amendment to CEPA, 1999, proposed in the bill would give the Government of Canada the authority to deal with polluting ships that discharge oil and other substances illegally. The bill would cut off their usual means of escape, namely to seek refuge in the exclusive economic zone or in international waters.

The amendments to the Canadian Environmental Protection Act, 1999, found in the bill are consistent with the philosophical underpinnings of the act. The amendments being proposed in the bill are consistent with the concept that the user of a disposal at sea permit must be held accountable for actions under the permit and that the polluter operating without a permit and outside the confines of CEPA, 1999, will face the consequences for violations of these provisions.

Let me now proceed to describe in more detail the amendments to CEPA found in Bill C-15.

The first amendment to CEPA focuses on the act's provisions governing the disposal of wastes and other matters at sea. Currently, under the act, there are provisions which allow disposal of specified substance by permits. It is proposed that these prohibitions be expanded to include ships to ensure that both persons and ships are prevented from disposal without a permit.

The amendments will enforce that polluting ships, as well as persons who command them, can be subject to various enforcement actions, namely detention orders, environmental protection compliance orders and/or prosecution for committing such violations.

The amendment to add ships as being subject to prohibition against disposal at sea of illegal substances is crucial to holding Canadian and foreign ships to account for their pollution.

Another amendment targets the prohibition against incineration of waste at sea. In addition, the bill also examines the definition of disposal in part 7 of CEPA, 1999, with regard to the normal operations of a ship.

To ensure clarity on what is normal operations, amendments to the regulation will provide authority to the governor in council to make regulations on the recommendation of the Minister of the Environment that would stipulate what is and what is not the normal operation of a ship. These are important clarifications because they are enabling provisions. It is not obligatory to use them, but they are available if regulations under the Canada Shipping Act do not address these points.

In keeping with the desire to hold both persons and ships accountable for their actions, the bill will also amend the section on recovery of costs incurred by the Minister of the Environment posed by ships or persons.

In December 2003 Canada ratified the United Nations Convention on the Law of the Sea. It is now incumbent on the government to implement the convention under Canadian law. This is important not only for disposals at sea provisions, but for regulations made under CEPA, 1999, that govern export and import of ozone depleting substances, chemicals and living products of biotechnology that are new to Canada and to the export and import of hazardous waste.

To ensure the proper use of these powers in relation to foreign ships, the amendments in the bill are very important, Canada requires the means to assert its sovereignty and authority in the exclusive economic zone. The bill allows the government, through CEPA, 1999, to protect Canada's marine environment, while adhering to its obligations under the United Nations Convention on the Law of the Sea.

I welcome the careful thought and attention of all members of the House in their examination of this bill and hope that they understand and support its merits.

[Bob Mills, Conservative, Red Deer, AB]

Mr. Speaker, it is a pleasure to speak to Bill C-15. I want to go through a bit of the history of the bill. I think I asked my first question on oiled birds in the Atlantic in 1995 or 1996. From there I drew up a private member's bill which basically dealt with this. From there I drew up a policy which I was able to recommend to our party and which became party policy regarding oiled birds.

First I looked at Bill C-34. That was introduced the day before the House prorogued. Needless to say I was pleased there was a bill but went rather ballistic in that the bill was introduced at a time when I knew for sure, and everybody else knew, it could not be passed and that it would simply die on the order paper.

I must say that I am pleased to see that Bill C-15 has now surfaced, at what I hope is a better time so that is has a greater opportunity of moving through the House and through committee. Obviously any minor amendments that are needed can be made during the committee process. We will finally have a piece of legislation that we hope will help stop the problem which has gone on literally for decades in our Atlantic and Pacific oceans.

Today I stand somewhat with relief that after so many questions in the House and so much work on this issue, finally we have a piece of legislation which, while not perfect, does come closer than anything else we have in place.

I want to touch on a bit of the background and a few of the areas that concern me about the bill. I am sure they will also concern members on all sides of the House when they look at the bill.

We should recognize there has been a lot of documentation. I am holding in my hands a document to which most members could refer. Certainly there is the web page done by the World Wildlife Fund entitled, “Seabirds and Atlantic Canada's Ship-Source Oil Pollution”. It details a lot references and provides a background to some of the history of the problem and why passage of this bill by the Canadian Parliament is so essential.

As well we need to recognize that a tiny oil spot on migratory birds means death. A bird need not be totally oiled for it to die. One tiny drop of oil will break the bird's insulation and will result very quickly in hypothermia and the death of that bird.

I spent time in Newfoundland and did an hour and a half radio show. At one point I literally saw the thousands of birds that wash up on the shore. I talked to many of the local people and heard how troubled they were that this was happening over and over again and nobody was doing anything about it.

Today a documentary is being produced on that very issue and of course it fits right in with this legislation. I will not be cynical and say that one of the motivations for this bill to show up so quickly may have been that it is a fairly high profile documentary being done on oiled birds in the Atlantic.

Before I move on we should also remember that the same problem exists on our Pacific coast. The problem there as I understand it is it is more scientifically difficult to document because the birds sink. The wave patterns and current patterns are different and therefore not nearly the number of birds are showing up on the Pacific coast, yet we believe the problem is probably just as great, if not greater, in that part of the world.

We have heard lots about the Exxon Valdez and that sort of thing. However, it would be very naive to believe that there are not other more minor oil spills occurring that would affect the birds there as well.

The number used in the Atlantic is 300,000. That is a documented scientific number. The local people would tell us that it is much higher than that. Some people would use figures like a million birds a year. None of these populations can sustain that sort of death toll and expect to remain viable.

Certainly for the people of the area, and I think for all Canadians, they would like to have the seabirds remain a viable population for a long time into the future.

What is the real problem? Why does this problem exist? It comes down to dollars and cents for shipping companies. Many of them do not even dock in Canada, but simply pass through our waters from the U.S. and Europe on the pathway that they travel.

The ships have bilge oil which they need to get rid of. For the shipping companies it is a matter of having to go to port, having to pump it out in port, having to pay for that, but most important, the time it takes to do it. For many of the companies, time appears to be their biggest problem.

It is understandable, I guess, from the captain's perspective that if he is expected to get between point A and point B in a certain amount of time, rather than go to port to dump the bilge, he is going to dump it into the ocean. It would also be reasonable to expect that when he knows that surveillance is very minimal and even if caught the fine is very small, he will take that chance.

It appears that is what has been happening for decades. There are records of oil release right from the 1950s on up, if we look at some of the reference material, and they probably occurred long before that. Therefore, it is the cost factor and the time factor for these ships.

This piece of legislation I hope will fix those two basic concerns that we have. First, the fines are going to be higher and if we make them comparable to the U.S. fines, we could be looking at fines of up to $1 million. With fines like that, they would not run the risk. If the fine was $3,000, well, it would be worth it to take the chance because they probably would not get caught. If the fine was $1 million, as they have been in some of the U.S. cases, they would really think about that. They would probably not be captain of the ship after doing that, if the company took action. Obviously the fine structure will help.

The next thing that is important is that we provide adequate facilities for these ships to move as quickly as they can to get rid of their bilge oil so they can move on. Obviously, we would be asking questions in committee as to what facilities are planned. Are they adequate? Do we need more? Are they as modern as they should be? What is the cost involved? Who is going to pay for that? Obviously, we would hope that the user could pay for a great deal of this because it should be in the best interest of the shipping business to speed this up.

We then also have to look at the surveillance. How are we going to catch these people? We do not have the number of Coast Guard staff, planes and so on that we would need, but there is a technological way to do this. I am not a technician; I do not understand how radarsat works exactly, but I understand it is accurate enough to find out who did it and to send a plane out.

Finally, the enforcement of all of this becomes most important. We have to stop the turf wars within departments. When one of the ships, the Tecam Sea , was brought in, justice was fighting, the Coast Guard was fighting, the military was fighting, environment was fighting over who was in control. As a result, the ship sailed away without ever paying the fine.

That sort of thing has to end. We must have surveillance. The penalties must be there. We must have the facilities that these shipping companies can use.

We will be supporting the bill. We will be looking at where we might improve it in committee. I congratulate the government for bringing it back so soon in this session. It is a much needed bill.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am pleased to rise today to speak to Bill C-15, an act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999, introduced at first reading on October 26, 2004.

Note that this bill received very little consideration in the deliberations of the Standing Committee on Environment and Sustainable Development. The bill is the defunct Bill C-34, which was introduced in the 37th Parliament. The federal government wanted to pass the bill quickly by using the Liberal majority steamroller and without hearing testimony at the Standing Committee on Environment and Sustainable Development on the bill's repercussions and application.

I was a little surprised because a bill as important as this one certainly deserved special attention from the standing committee, which should have heard witnesses such as the Shipping Federation of Canada, or other representatives of the environmental sector. These witnesses could have explained how to improve Bill C-34.

The former Chair of the Standing Committee on Environment and Sustainable Development, the former member for Davenport, will remember a session at the time when I became enraged at the behaviour of the Liberal members. I remember this bill was rammed through, and the Liberal MPs did not even want to hear witnesses.

Why not? Because it was the eve of the election campaign, and the Liberal Party of Canada was trying to make us forget the fines that some courts had imposed on Canada Steamship Lines. The government also wanted to show that it had good faith by tabling Bill C-34.

Today, a new version of this bill is being presented as Bill C-15. We are in favour of the principle of this bill because on this side of the House we believe that the practices of some companies with respect to coastal oil spills are totally unacceptable for the protection of migratory birds and their habitat and ecosystem.

It must always be kept in mind, if we really want to protect species, whether endangered, at risk or otherwise, it is always vital to protect the habitat. When companies behave irresponsibly, we have a duty, as legislators, to face up to our responsibilities and to introduce a more stringent bill.

I will come back later to the real repercussions Bill C-15 could have. We have to do more than just introduce a bill, we have to ensure that the bill itself, and the spirit of that bill, are respected in its application.

As I have already indicated, we are of course in favour of this bill in principle because, from the environmental point of view, it makes it possible to impose far stricter sanctions on shipping companies that discharge toxic substances illegally at sea.

I hope, however, that our committees will afford us the opportunity to hear a number of witnesses on this subject, unlike our experience in committee during the last Parliament. Then, the majority government literally shoved the bill through, giving us no opportunity to improve it. Unfortunately, that bill met a sad end.

This bill is an amendment to the 1994 Migratory Birds Convention Act. We must place that in its proper context. We on this side of the House have always admitted that this legislation was indeed within an area of federal responsibility. When various bills were being considered, the Canadian Environmental Protection Act or Bill C-5 on species at risk, we always agreed that the migratory bird legislation and public lands were federal jurisdictions. The principle, the very spirit, of this bill confirms our willingness to respect an area that is, of course, federal.

We need much more rigorous legislation. Moreover, what the government is proposing is, in fact, harmonization, an adaptation of what is already done in the United States. We know that the laws there are much stricter than here in Canada.

In Canada, according to Environment Canada estimates, over 300,000 seabirds are killed each year off the coasts of the Atlantic provinces by ships that illegally dump their polluted bilge waters as they pass through these waters.

Under the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, we needed to act quickly. Why go through the Migratory Birds Convention Act, 1994? Because this law applies in the exclusive economic zone of Canada, and because it is intended specifically to protect migratory birds from the effects caused by deposits of harmful substances in that zone. The provisions of the bill will now apply to vessels.

We should have taken action through more restrictive legislation. Nevertheless, some questions do arise about the actual enforcement and the desired effects of the bill before us. We must remember that in the past we have seen large-scale catastrophes, some of them on the east coast, in the Maritimes, that ended with fines of $20,000 or $30,000, sometimes up to $170,000 as in the case of the fishing boat Olga .

Measures were taken. What was the impact of these measures? One: we arrested the operators of the vessels. Two: we turned them loose. Three: fines were not paid to the federal government.

In short, I would like to tell the House that we support this bill in principle. We believe in more rigorous legislation. However, we must be sure that the measures that will be taken will have a real impact, so that the spirit of the law, that is, protection of our migratory birds, can take effect as soon as possible. We shall work in committee to improve this bill.

[Bryon Wilfert, Liberal, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, I am pleased to speak today to Bill C-15 which contains some important business left incomplete from the last Parliament. This bill will give us the capacity to curtail the killing of thousands of birds when ships far offshore try to save a little money or time by illegally discharging oily wastes overboard.

This bill is an overdue action to protect wildlife and represents one of the many tools that will comprise the ocean's action plan mentioned in the Speech from the Throne. The Speech from the Throne demonstrated a solid commitment to the environment. It had no fewer than 13 initiatives that will help us make our environment healthier, while at the same time making our economy grow stronger.

Environment, health and the economy are not mutually exclusive concepts. We should not think of the environment on one hand and the economy on the other. The environment is our life support system: the air, the water and the land, together with the natural resources and species that surround us.

The source of all our wealth lies in the environment. Those countries who work now to reconcile environmental issues with the need to maintain a competitive economy will become the global economic engines of the 21st century.

Canada, with its rich environment, its wealth of natural resources, and its technological know-how and vigorous economy is well suited to seize the moment and to become a world leader among those that succeed in creating a robust economy based on sound environmental principles.

With environmental values forming the core of what it means to be Canadian, it is understandable that Canadians become outraged when they see outright illegal activities that damage our precious natural resources go unpunished. Canadians will not stand idly by and let thousands of harmless and defenseless seabirds die when there is something that can be done to prevent it, least of all when the source of the problem is really just a minor inconvenience for a few ill-behaved ship operators.

The Pacific, Arctic and Atlantic oceans have an important place in the Canadian psyche. It is by traversing the Bering Strait that our first inhabitants reached the shores over 10,000 years ago. The first European explorers and settlers reached this land by sailing across the treacherous Atlantic.

The oceans have always been a major source of food for Canadians. They also comprise the major commercial links between our country and the rest of the globe. The oceans are another source of national pride. We must keep our oceans healthy.

The bill I am presenting to the House today, Bill C-15, is tangible proof that the government is taking action to keep our environment clean.

In 1916 Canada signed the migratory birds convention with the United States. This historic agreement committed our two nations to ensure the protection of bird species that were threatened by human activity. Since the agreement was signed several Canadian environmental protection laws have been passed, including the Canadian Migratory Birds Convention Act of 1994, the Canadian Environmental Protection Act, 1999, the Fisheries Act, and the Canada Shipping Act, which includes sections relating to the environment.

Almost 90 years after the Migratory Birds Convention Act was first passed, it is now clear that an updating of this tool, as well as the Canadian Environmental Protection Act, is needed. It hardly needs stating that human activity can have devastating effects on the environment, whether due to intentional acts or as a result of a lack of awareness or understanding of the impacts of our activities.

I am addressing the House today to tell everyone about one controllable threat to wildlife resulting from human activity. The threat is real. It kills over 300,000 seabirds every year. The threat is the product of human activity and is in fact a wilful act of negligence.

The good news is that we have found a win-win solution to this problem. The proposed solution deals not only with the environmental impacts, but also has no impact on economic viability.

Let me explain the problem. Oil released in Canadian maritime waters by ship crews, whether through intentional discharges or accidental spills, can directly kill any seabird that it touches on the sea's surface. Crews that pump their bilge into the oceans pour hundreds of litres of oil into the water, at the same time leaving in their wake an oil slick several thousand square miles in size. These slicks, which often look like a sheen on the water behind the ships, become floating traps for seabirds. The slicks are deadly. All it takes is a single drop of oil the size of a quarter to kill one of our murres, puffins, dovekies or gulls.

The oil penetrates the natural defences of the bird affected and damages the unique structure of its feathers, which normally repel water and resist cold. The oil decreases the bird's insulation, waterproofing and buoyancy, leading to death by hypothermia or starvation. In addition, oil contains many harmful substances that when ingested or inhaled by birds, as they attempt to clean themselves, poison their internal organs and lead to debilitating or fatal consequences.

Once oiled, the birds carry on a desperate fight against the elements of the brutal cold and the ocean drains away their energy. It takes them days to die. It is a battle that they never win.

The main area where seabirds are oiled is off the southwest coast of Newfoundland and Labrador. More than 30 million seabirds and thousands of sea-going ships cross this sector every year.

The point I want to make clear is that this impact, this death of hundreds of thousands of seabirds every year, is completely avoidable. The technology exists today. Every major sea-going merchant ship must carry an oil separator on board. The separator allows for the oil to be separated from the water and then safely disposed of when it arrives in port.

Yet there are cases where this technology is not being used or is not being properly maintained. Time means money and sometimes a ship's operator may choose to dump oily wastes at sea rather than dispose of them in port. That would also save a small processing fee.

Yes, there can be fines when these offenders are caught. The record is not good. Ships continue to pollute and birds keep dying by the hundreds of thousands. Our legislation must have clear and practical enforcement powers, so the international shipping community will hear the message loud and clear, that Canada will not tolerate the senseless slaughter of birds by crews that hope to save a little time or money by flaunting international codes and Canadian environmental laws.

Currently, vessels that navigate our waters are subject to Canadian law. Canada has existing laws dealing with the potential environmental effects of ship traffic, including the release of oil into marine waters. These laws include the Migratory Birds Convention Act, 1994, the Canadian Environmental Protection Act, 1999, the Fisheries Act and the Canada Shipping Act.

However, recent court cases have revealed ambiguities in two parts of the legislative framework, making enforcement difficult. It is important that these amendments allow us to deal more effectively with law enforcement issues in cases of marine pollution and, in particular, the legislative measures that will provide clarity with respect to the new 200 mile exclusive economic zone by affirming that enforcement officers have authority in this area.

Second, we are increasing the fines under the Migratory Birds Convention Act, 1994, to a million dollars with this bill. The increased maximum fine brings the legislation into better conformity with the modern business of shipping, which is big business.

This bill is also aimed at fostering greater collaboration on law enforcement measures and will provide the means to pursue offenders and will provide sentencing guidelines so penalties will be imposed that appropriately reflect the damage done to the environment. The bill does not require us to create a new agency nor does it ask us to develop new policies. It is about saving birds and it is about doing the right thing. I would ask members in the House to support the legislation.

[Jim Peterson, Liberal, for the Minister of the Environment]

moved:

That Bill C-15, an act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999, be referred forthwith to the Standing Committee on Environment and Sustainable Development.

Criminal Code

[The Deputy Speaker]

The vote on this matter is deferred.

(Bill C-15. On the Order: Government Orders:)

October 26, 2004--The Minister of the Environment--Second reading and reference to the Standing Committee on Environment and Sustainable Development of Bill C-15, an act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999.

Supply

[Roy Cullen, Liberal, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, in the member's question in question period he talked about the DNA in the supplementary, but I am prepared to deal with the question around the firearms registry.

The first question put forward by the hon. member concerns the licence renewal process that was approved by Parliament in 2003.

The second question deals with the costs of the program reported to Parliament in October 2004. The hon. member knows that firearm licences must be renewed every five years.

More than 50% of the 1.98 million firearms licences were issued within a 12 month period preceding the legislated deadline of December 31, 2000 that required firearm owners and users to be licensed under the Firearms Act.

Bill C-10A, originally tabled in the House as Bill C-15 in 2001, received royal assent in May 2003. It amended the Firearms Act to provide measures for the effective administration of the firearms program. Included in the legislation was a provision to allow a one-time extension of some possession-only licences, to solve the peak in workload, every five years for licence renewals, thus allowing for a more even yearly distribution of licence renewals.

Parliament passed this provision, and the evening out of the workload has been supported by stakeholders consulted on Bill C-10A in the fall of 2003. It also got the support of provincial firearm regulators, because this has created a stable operational environment while ensuring quality services and public security.

Workload levelling is a much used and effective business practice that allows a more even distribution of work over an extended period. This eliminates increased costs and staff for processing an unusual peak in workload. Workload levelling also allows the program to continue to meet application processing standards thus ensuring firearm owners receive their renewal before their existing licence expires.

The hon. member again has a question pertaining to the costs of the Canadian firearms program. Full program costing is reported in the Canada Firearms Centre's “Report On Plans and Priorities” and in its “Departmental Performance Report” which were tabled in Parliament in October 2004.

As reported in the 2003-04 Canada Firearms Centre's “Departmental Performance Report”, the full federal cost of the firearms program of $934.4 million includes: the cost of information technology; the licensing of all firearm owners; the registration of all firearms; the indirect costs to other government departments; and transfer payments to the provinces.

It is my pleasure to remind members of the House that the Canada Firearms Centre remains committed to providing Canadians with efficient and cost effective services. Workload levelling is but one of the many measures that has been taken to allow us to meet that commitment.

Business of the House

[Tony Valeri, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue with the allotted day.

Tomorrow and the first part of next week, the order of legislation will be second reading of Bill C-14, the Tlicho governance agreement, and reference before second reading of Bill C-13, the DNA data bank bill.

We will then proceed to the reference before second reading of Bill C-15, respecting the convention on migratory birds and second reading of Bill C-9, respecting a regional development agency in Quebec.

We would then turn to the reference before second reading of bills to be introduced early next week dealing with the Competition Act, first nations fiscal institutions, Telefilm, certain controlled substances, and an amendment to the Criminal Code with respect to impaired driving.

I will be discussing with the other parties the exact order of these bills. We would hope, by the end of the week, that we would be in a position to deal with report stage and third reading of Bill C-4, respecting aircraft equipment.

Next Thursday will be an allotted day.

On Tuesday evening there will be a take note debate on the compensation for victims of hepatitis C.

With respect to the specific question asked by the hon. member across the way, certainly it will be very forthcoming in the near future and I am sure we will also have a discussion among House leaders.

Migratory Birds Convention Act, 1994

[Jim Peterson, Liberal, for the Minister of the Environment]

moved for leave to introduce Bill C-15, an act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999.

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

Criminal Code

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I appreciate the opportunity to speak to this very important bill. I also want to thank the residents of Langley for the honour to represent them here.

The purpose of Bill C-10 is to modernize the mental disorder provisions of the Criminal Code to make the law fair and efficient. I do support the general intent of the proposals which take into account many of the recommendations of the 2002 justice committee report calling for legislative reforms and further Department of Justice consultations on mental disorder provisions of the Criminal Code.

The report was approved by all parties. In fact, the results of this review are an important example of how the committee process can work in a cooperative fashion with no interference from the minister or from the PMO.

The amendments in Bill C-10 address six key areas: the expansion of review board powers; permitting the court to order a stay of proceedings for permanently unfit accused; allowing victim impact statements to be read; the repeal of unproclaimed provisions; streamlining of transfer provisions between provinces; and the expansion of police powers to enforce dispositions and assessment orders. It is on the issue of dealing with victims that I will be focusing today.

The Conservative Party's justice platform features a reorientation of the criminal justice system to take victims' rights into account in sentencing and in granting conditional releases. I believe that those found not guilty by reason of mental disorder fall into this category as well.

As a newly elected member of Parliament I have experienced an incredible learning curve during the last four months. I have already had the opportunity to assist a victim of a truly gruesome crime committed by a person later found not guilty by reason of a mental disorder. I have received a crash course in the process of review board hearings from the perspective of the victim. It is a perspective which this House could benefit from hearing as this bill is discussed today.

I would like to share with the House the story of Dr. Verne Flather and the incredible commitment of his family to ensure that what happened to the Flather family does not happen to another family.

In 1993 Dr. Verne Flather was shot and killed outside his North Vancouver home. The accused was a man named David Henderson, a former patient of Dr. Flather's. Mr. Henderson felt let down by the medical profession. He created a hit list of 10 medical professionals to kill. Tragically, Dr. Flather was the first person on that list.

Fortunately, Mr. Henderson was arrested at the scene, potentially saving the lives of the others on the list. He was later found not guilty by reason of a mental disorder and sent to a forensic psychiatric centre in B.C. He lived there for 10 years until he was gradually released back into the community.

It was then discovered that since his release from the psychiatric hospital, Mr. Henderson had been volunteering at yet another public hospital. Although the caseworkers knew this man's history, it was only when the Flather family protested that Mr. Henderson was asked to cease his volunteer activities at the other hospital.

How can it be that Mr. Henderson passed the criminal record check process and was allowed to volunteer at a hospital? This case brought to light a large loophole in the screening of criminal record checks, disclaimers and waivers for community volunteers and job applicants.

I am concerned about this factor in the proposed bill. The volunteer and job applicant criminal record checks in B.C. do not take into account those found not guilty by reason of a mental disorder. The ramifications of this omission are startling. Criminals can be brought under the current criminal record check system, but the criminally insane are not.

As a result of that realization, the B.C. minister of management services was asked to consider amending the criminal record check applications to allow community organizations to amend their forms to include the following question: Have you ever been found not guilty of a criminal offence by reason of a mental disorder? Minister Sandi Santori agreed last December that it would appear to be reasonable and relevant to screen individuals on the basis of whether they have been charged with a criminal offence but found not guilty by reason of a mental disorder.

Assuming the amendments have actually been made to the screening process, I believe we are one step closer to protecting the public to the best of our ability. I credit the Flather family with that facet of public protection coming to pass. However, we must ensure that every province and territory follows B.C.'s lead in this matter.

Regarding the subject of victim impact statements, there is the question of what type of issues should be addressed in order to further the interests of justice. Since these types of proceedings do not have the same element of a normal criminal case, since criminal intent is not a factor, there is a question of what the nature of these statements would be and how they would contribute to the proceedings.

Bill C-10 gives the relevant courts or review boards the authority to allow the victims to present their case at the initial hearings. It does not, however, mandate the courts or review boards to take the victim into account when rendering a decision.

Bill C-10 also amends the Criminal Code to allow the transfer of an accused. Under the proposed amendments in Bill C-10, prisoners would be transferred without obtaining statements or input from victims. This was a major criticism of Bill C-15 when it received royal assent in May 2004.

In preparing this speech, Dr. Flather's widow, Julia Murrell, was asked to give her opinion of the review board system. She indicated that being allowed to read a victim impact statement was only one part of the process. She stated: “It's like we're in a foreign country with this and there are no guidelines. You think this system works for you until you get into it. It's like there is an underground system, and you have to figure out how it works to get anything done”. There must be full disclosure to the victim's families throughout this process.

The most upsetting experience for the Flather family was with the review board. Ms. Murrell described the review board as an old boys' club. She said: “Unless we, as a family had taken an active role, we wouldn't have found out anything. If we had not been assertive we wouldn't have gotten as far as we did. Families need to be brought into the loop. We need to be able to see the success of the accused as they go through the system”.

She added: “We need to see it to be convinced that the system works. One of the things that would be helpful is to create a network for family support. I don't know of any other families who are going through this. You can't understand what other families are going through unless you go through it yourself. We also need to be told what the rights of the family are. In the review board process, we are not even acknowledged. We are just there as observers, but you have to wonder, what kind of system is this when the victim's concerns are trivialized and not considered at all”.

Julia Murrell described the shock tremors that went through her family when she discovered that the accused was travelling back to her neighbourhood. She said: “The review board told us we weren't notified because they were concerned about the risk to Mr. Henderson by our family! It is us who are concerned about him”!

In conclusion, I would like to extend my greatest appreciation to Julia Murrell and the Flather family for their commitment to ensure that their experience is not repeated.

I would like to ensure that all criminal record check applications bear the question: Have you ever been found not guilty of a criminal offence by reason of a mental disorder? I would like to ensure that victims are given a greater voice at review board hearings and receive full disclosure of an accused's whereabouts. I would also like to see the justice system create a process by which victims can be put in touch with other victims if they so choose.