This bill is from the 38th Parliament, 1st session, which ended in November 2005.
Stéphane Dion Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-15s:
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.
SupplyAdjournment Proceedings
October 28th, 2004 / 6:30 p.m.
Etobicoke North Ontario
Liberal
Roy Cullen LiberalParliamentary 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.
Tony Valeri LiberalLeader 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, 1994Routine Proceedings
October 26th, 2004 / 10:05 a.m.
Willowdale Ontario
Liberal
Jim Peterson Liberalfor 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)
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.