Bill C-1 (Historical)

An Act respecting the Administration of Oaths of Office

Canada Elections Act

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Mr. Speaker, I am pleased to speak to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

This is a bill that the committee has studied exhaustively. When there are things that are not working, the role of the opposition is to point them out. However, when things have worked well, then as a matter of intellectual honesty they should also be pointed out. This is called not engaging in shamelessly partisan politics. Here in the House of Commons there is of course adversarial debate, by definition. It must be noted that if a lot more discussion and a lot more collaboration among the various political parties were sought, by all sides, we would be able to produce better bills, bills that were an improvement on what was initially proposed.

Bill C-31 is a good example of what comes of excellent collaboration among the political parties. I will explain what I mean by this.

At the Standing Committee on Procedure and House Affairs, the government responded to a report. To summarize the sequence of events for the benefit of the people listening to us, the Chief Electoral Officer, Mr. Kingsley, has to submit a report after an election campaign. The report is submitted to the Standing Committee on Procedure and House Affairs. That report was studied in committee and all parties are represented on that committee. Our report was tabled in the House. On October 20, the government responded to the report. The response was in writing, in the form of a formal response. There was also a legislative response. Bill C-31 represents that legislative response, which reflects a majority of the points raised in the report of the Standing Committee on Procedure and House Affairs.

In the opinion of the Bloc Québécois, when the bill goes back to committee, we will have an opportunity to suggest amendments to our colleagues in the other parties, to improve the bill once again.

The reality of a minority government means that there should be a lot more collaboration and consultation with the other parties, as I said earlier. In my view, the government should follow the example of Bill C-31 to amend the Elections Act and follow the same course for other bills.

For example, instead of insisting on pushing its law and order agenda, its right-wing agenda, the Conservative minority government should listen to the Bloc Québécois, which is calling for more emphasis to be put on rehabilitation rather than punishment. Instead of digging its heels in on its right-wing agenda, it should do the same thing with the opposition parties that are calling for the Kyoto objectives to be upheld. The Conservative government should also do the same thing for the gun registry, when it is bent on dismantling it.

I wanted to explain this point during my introduction in order to illustrate how it is possible to come up with better legislation by consulting the opposition. Why are we of the opinion that Bill C-31 is appropriate? The Bloc is in favour of it in principle. We are in favour of it because there is a whole aspect where the possibilities of fraud and error are reduced. Now, thanks to this bill, voters will have to present government issued photo ID, with the bearer’s name and address.

At home, in Quebec, the basic document could be the driver’s licence, which contains this information.

It seems to me that colleagues from New Brunswick mentioned that their driver’s licences do not have photos. I am not sure, but I think that my colleague from Acadie—Bathurst drew attention to this. The goal is to have a document that is issued by the government and bears personal information making it possible to identify the person. It is true, unfortunately, that when voter identification procedures are inadequate, some situations may arise in which people are tempted, often in exchange for money, to go and vote for other people.

There was the classic case that occurred in the Quebec riding of Anjou. I think that someone voted 34 times in the Quebec elections in Anjou. If I recall correctly, the candidate, Pierre Bélanger, lost by fewer than 50 votes. Since then, this flaw in the Quebec electoral system has been corrected.

Voters who do not have photo ID will have to provide two acceptable pieces of ID so as to establish their identity and address. The Chief Electoral Officer will publish the list of acceptable ID. In a recent election, in 2004 or 2006, someone came to a polling station to vote, armed with a pile of magazines like L'Actualité, Macleans, Femmes d'Aujourdhui and 50Plus. These magazines can be purchased every week at the supermarket. In this case, this person received them at home because she was a subscriber. On the covers was the Canada Post seal. This person managed to vote, thanks to her pile of magazines.

When people live in an apartment building, they have no guarantees that no one will go through their mail. In multiple dwelling structures, the mail is not always protected. Anyone can take the mail. So we can understand the absurd example that I gave. This person wanted to vote using this process.

Under Bill C-31, each voter's date of birth will be added to the official list of electors used in polling stations.

For example, a person might know the Speaker's name. I know the Speaker is young; I believe he is not yet 30. A person could try to pass himself off as the Speaker. At the polling station, he says he is that person. The list of electors makes it clear that that person was born in 1918. Perhaps the Speaker remained young thanks to a fountain of youth or an elixir of youth even though he was born in 1918. The birth date provides some indication that there might be a problem. This raises a flag, perhaps not a red flag, but a warning flag nonetheless. The bill includes this improvement.

Given that we believe Bill C-31 can be improved upon, I wish to announce that, subject to consultation, we intend to amend it to ensure that voters lists provided to political parties also contain date of birth information, as is the case in Quebec.

Bill C-31 will also improve the accuracy of the voters list because the chief electoral officer will assign a unique, randomly generated identifier to each voter.

This is a continuing demand of the Bloc Québécois, which has been calling for a unique permanent identification number for each voter for a long time. We would have preferred that the bill was more binding on the Chief Electoral Officer and clearer on this subject. We give notice that we will also have some suggestions for amendments on that point.

Bill C-31 also seeks to remove the deadline after which voters who have a functional limitation can no longer request a transfer certificate to a polling station offering level access. In our opinion, voters in wheelchairs or with a physical disability should have an equal opportunity to democratically express their choices. Unfortunately, when voting places are located in facilities that do not have full and free access or that involve stairs, by definition, they do not in any way promote access by voters in wheelchairs.

It is our view that Bill C-31 will improve communications between election officials, candidates, parties and voters.

Bill C-31 will give candidates a right of access to common areas of public places for election campaign purposes.

I believe that all of our colleagues here today have encountered situations where the owners of some shopping centres have refused permission for us to meet and introduce ourselves to members of the public. An election campaign is a special opportunity to call attention to ideas, to talk about our record as a member or as a party, regardless of which party is campaigning. The government can speak about its record. In the present case, the record of the Conservative government includes the torpedoing of the Kyoto protocol and a disposition in favour of war, similar to the Americans. We will have the chance to return to that record at the proper time—in an election campaign.

Bill C-31 will also provide election officials with a right of access to multiple residence dwellings and to gated communities to revise the voters list. Gated communities are dwellings to which access is controlled by a gate. How can voters be enumerated if no one is able to enter, or barely so? The accuracy of the lists then poses a problem.

Other provisions deal with certain operational and technical improvements, but I cannot list them in detail since my time has almost expired. In any case, we will have an opportunity to return to this topic. I wish simply to remind members that the Bloc Québécois will re-examine some aspects in committee or at third reading.

Criminal Code

[Dean Del Mastro, Conservative, Peterborough, ON]

Mr. Speaker, today I rise to participate in the second reading debate of Bill C-22, An Act to amend the Criminal Code (age of protection) and to make consequential amendments to the Criminal Records Act.

There are many reasons that Bill C-22 is so welcome. It realizes an important component of this government's tackling crime commitment to safeguard Canadian families against sexual predators. This commitment in turn reflects the importance that Canadians ascribe to the protection of children and youth against sexual exploitation. Most important, Bill C-22's reforms will finally provide 14 and 15 year olds with much needed additional protection against adult sexual predators.

Bill C-22 proposes to raise the age of consent from 14 to 16. Age of consent, or age of protection as Bill C-22 now calls it, refers to the age at which the criminal law recognizes the capacity of a young person to engage in sexual activity. All sexual activity with a young person below the age of protection is prohibited, and of course any non-consensual sexual activity, regardless of age, is prohibited.

It is not unusual for the law to prescribe lawful conduct based upon chronological age. For example, in the criminal law context, the age of criminal responsibility is 12 years. In other contexts, conduct is regulated by age for various purposes, including for example, attaining the age of majority, driving a motor vehicle, consuming alcohol and tobacco, mandatory attendance at school, and working.

Such legislation clearly recognizes that children and youth need to be protected. This is the framework within which the existing Criminal Code prohibitions against sexual activity with children and Bill C-22 operate.

Currently, the age of protection is 18 years where the sexual activity involves prostitution, pornography, or it occurs within a relationship of authority, trust, dependency, or one that is otherwise exploitative of the young person. For example, sexual activity between a teacher and his 17-year-old student, even if she purported to consent, is prohibited and has been since 1988. I am glad that Bill C-22 will maintain this age of protection.

The present age of protection for other sexual activity is 14 years. The Criminal Code currently has an exception for 12 and 13 year olds. They can consent to engage in sexual activity with another person who is less than two years older but under 16 years and with whom there is no relationship of authority, trust, dependency, and it is not otherwise exploitative of the young person.

Bill C-22 will not change this close in age exception for 12 and 13 year olds, but will increase it from 14 to 16 years of age so that 14 and 15 year olds will benefit from the same protection that 12 and 13 year olds have now.

Bill C-22 also proposes to create a new close in age exception for 14 and 15 year olds. Under this proposed new exception, 14 and 15 year olds could still consent to sexual activity with another person, provided that the other person was less than five years older and that the relationship did not involve authority, trust, dependency and was not otherwise exploitative of the young person.

I am very pleased to see this proposed close in age exception for 14 and 15 year olds. It reflects an appreciation of the basic realities, namely that, like it or not, young persons, specifically 14 and 15 year olds, are sexually active.

In February 2006 the Canadian Association for Adolescent Health and Ipsos released the results of a national survey of 14 to 17 year olds on their sexual behaviour and knowledge. The survey revealed that 27% of youth between 14 and 17 years of age reported being sexually active and 20% of youth age 15 reported being sexually active. It found that on average, teens have had three partners since becoming sexually active.

While some may find these statistics startling, the government has clearly said that the objective of Bill C-22 is to criminalize adults who sexually exploit youth and not to criminalize teenagers who engage in consensual sexual activity with their peers. Bill C-22's proposed close in age exceptions ensure that this is the case.

Bill C-22 also proposes another time limited exception for defined relationships that already exist when the new age of protection act comes into effect, relationships that would otherwise become illegal by virtue of the fact that the partner is five years or more older than the 14 or 15 year old.

Specifically, Bill C-22 proposes that existing marriages involving a 14 or 15 year old and a spouse who is five years or more older be excepted from the new age of protection. Similarly, if it is an existing common law relationship as defined and it is not a relationship of authority, trust, dependency or one that is otherwise exploitative of the young person, it will benefit from a time limited or transitional exception.

This means, if the couple had already been cohabitating in a conjugal relationship for the period of at least one year or for a period of less than one year but the relationship had already produce a child, whether born or is expected, when the new age of protection comes into effect, the relationship will have an exception that is otherwise illegal. I want to reiterate, though, that these exceptions would be transitional or time limited and would not apply to such a couple, for example that seeks to marry or establish a common law relationship after the new age of protection comes into force. Clearly, to allow such a relationship would be contrary to the objective of Bill C-22.

I have gone into some detail in describing the exceptions proposed by Bill C-22 because it is very important that they be fully appreciated and understood. During the previous debates on private members' bills and motions that sought to increase the age of consent, a major criticism of those efforts was always that they had not adequately addressed what is clearly the objective of Bill C-22: how to prohibit adults from sexually exploiting teens without criminalizing teens themselves for engaging in sexual activity with other teens.

Bill C-22 does exactly that. It builds upon the existing Criminal Code framework for age of protection and it provides the necessary safeguards to prevent the criminalization of teenagers who engage in consensual sexual activity with other teens.

The message in Bill C-22 is very clear. It is directed at adults, not at youth, and it is this. If one is five years or more older than a young person, one is prohibited from engaging in any form of sexual activity with that young person. Under Bill C-22 there is no more uncertainty about whether 14 or 15 year olds consented or purported to consent to sexual activity. Their consent becomes irrelevant. The focus and onus is on the adult as it should be.

I believe it is in the interest of all hon. members to support Bill C-22. It sends a clear message now to adult sexual predators, namely that Canada protects its children and will deal sternly with those who threaten them.

I would like to move on to another big reason why I am so supportive of Bill C-22. The bill is good for the people of my riding. Residents from all over my riding, be they from Peterborough, Havelock, Norwood, Ennismore, Bridgenorth, Curve Lake or anywhere else, have been telling me that they want their children protected from sexual predators. They are frustrated with laws enacted by the previous governments, which fail to keep their children safe, which fail to recognize exploitation for what it is and which undermine one of the key building blocks of our communities, the family.

Bill C-22 is in line with what our government has promised to do, namely to restore balance in the justice system and crack down on crime. Getting tough on crime involves protecting our children and citizens from those who threaten them. This is a two-pronged approach. The first is to ensure that imprisonment is imposed on those who commit serious crimes. The second is to ensure that what constitutes a crime is properly defined by the lawmakers of our country.

It is the duty of the lawmakers of Canada work in line with the sentiment and demands of the Canadian public. I happen to be one of those lawmakers. I would be remiss in my duties, as a representative of all people, including those in Peterborough, if I did not support the legislation.

As I have indicated, a provision of Bill C-22 provides a close in age exemption for teenagers who engage in sexual activity with other teens. This is a very worthwhile thing to consider. Governments cannot absolutely regulate human behaviour, in this case the sexual activity of minors.

While not speaking from personal experience, some teenagers are not always the most well behaved when dealing with authority regardless of the issue. Bill C-22 recognizes that teenagers will be teenagers and without explicitly sanctioning sexual activity, keeps the government out of their private lives. This is the correct approach. Young people are not likely to read any government legislation before deciding whether to engage in sexual activity with a partner. This is why our government has taken the lead on this issue, providing protection for young teenagers, not seeking to criminalize them.

Keeping the streets of Peterborough and the country safe has always been and remains a very high priority for me. The people of my riding deserve to walk the streets without fear. Bill C-22 is part of a wider initiative to provide safe streets and communities in Canada. The idea that everyone can walk down George Street in Peterborough and feel as safe as if they were in their backyard is something that is very important to me. Knowing that proper laws are in place to keep sexual predators off their streets will go a long way in Peterborough by showing constituents that their government is governing with their well-being as its primary focus.

A couple of weeks ago I had the honour to attend the 17th annual CSC Chaplaincy Conference held at Sir Sanford Fleming College in my riding. The guest speaker that evening was Jim Stephenson, the father of Christopher Stephenson, a young boy whose tragic and preventable death provided the motivation for Christopher's law. Christopher's law was revolutionary in Ontario as it established a sex offender registry. Christopher's law works to protect our children from sexual predators, and so does Bill C-22.

Bill C-22 has been a long time coming. It recognizes the concerns of Canadians, including those in the Peterborough riding who want to see their children protected from sexual predators by raising the age of protection from 14 to 16 years of age. The bill should be unanimously supported by all members of this House, and I call on all members to do just that.

Age of Consent

[Gerry Ritz, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, it is my pleasure to present a petition from hundreds of my constituents asking that the age of consent be raised from 14 to 16. As timing is everything in politics, it is certainly apropos today with the debate on Bill C-22, the age of protection, which would see exactly that happen.

I ask all members to support this petition and to support that bill.

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, perhaps my colleague from Hull—Aylmer wanted to ensure that I had a good audience for my speech. Then again, perhaps he asked for a quorum call because I was talking about the Liberal Party, which claimed to be the great defender of citizens' interests because of its fight to protect personal information even though it failed at the task when it was in power.

Under that party's mandate, more personal information than ever ended up in foreign hands, largely because Canadian banks were allowed to do business with affiliates in the United States. Laws protecting personal information are not the same in the United States as they are in Canada.

Honest citizens were sometimes harassed by foreign parties trying to sell them all kinds of products, especially banking services. Canadian banks allowed their American affiliates to make personal information available. This all happened on the Liberals' watch. I hope that the member for Hull—Aylmer wanted more people to hear my speech. I hope it was not because of the part where I said how poorly the Liberal government performed when it was in power.

The Bloc Québécois will support Bill C-25 in order to protect personal information and privacy. Quebeckers and Canadians can count on members of the Bloc Québécois to defend and protect their interests in committee by having the Privacy Commissioner and the Access to Information Commissioner appear before the committee to explain what is good about the bill and what should be added in order to protect personal information. It is all very well to take action against money laundering, terrorist activities and organized crime, but we must also protect honest citizens who could end up under investigation for nothing.

I will provide some background, since Bill C-25 did not come out of nowhere. Despite the Conservative government's good faith, it did not invent the wheel. One thing is for certain, the Conservatives did not invent Kyoto. Everyone agrees on that.

Bill C-25 is a successor to Bill C-22, which was introduced by the Liberal government and broadened the coverage of the act. Bill C-25 amends Bill C-22. In other words, Bill C-22 made it mandatory for federally regulated financial institutions, currency exchange businesses, casinos and other intermediaries to report suspicious financial transactions. Suspicious financial transactions are cash deposits exceeding $7,500.

The former government's Bill C-22 applied to financial institutions, currency exchange businesses, casinos and other financial intermediaries. The Conservative government is broadening this coverage and therefore increasing the responsibility of all agencies which, in addition to dealing in securities, also deal in other financial instruments, and of all persons and entities engaged in the business of remitting funds or transmitting funds by any means or through any person, entity or electronic funds transfer network, or of issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments.

We can offer our congratulations to the Conservative government for having extended monitoring activities to include not only banks and institutions that transfer money regularly, but also to other entities that are often not openly included. This applies to electronic funds transfers and businesses that sell or purchase money orders, travellers' cheques and other negotiable items. Thus, monitoring activities have been extended. We do not want these organizations used for money laundering. I think we can support this.

It also extends to government departments and agents that sell precious metals under regulation. Members of the Bloc Québécois pointed out that there is some degree of illegal trade in diamonds and gold, among others, which are not necessarily liquid assets, but are precious metals that can be used as currency in money laundering.

I believe that the Conservative government listened closely and covered these potential complaints from various stakeholders.

Previously, all the entities targeted by the legislation had to contact the centre, under section 83(1) of the Criminal Code, which sets out the obligation to inform the RCMP or CSIS of any property that belongs to a terrorist group. The new bill adds section 8 of the United Nations Suppression of Terrorism Regulations. Those entities must therefore contact the RCMP and CSIS.

The new bill prohibits all entities from opening an account for an individual if that person's identity cannot be established. Not only is there no obligation, entities are in fact prohibited from opening a bank account. The bank must then contact the RCMP or CSIS directly to launch an investigation.

Furthermore, the bill states that prior to doing business with a politically exposed foreign person—a judge, head of state, minister or other individual who has held a specific office—the institution must obtain the approval of senior management before entering into any transaction with the individual.

Thus, one cannot do business with exposed persons from another country or who would be likely to carry out types of transfers or financing for terrorist activities. They are required to obtain specific authorizations from senior management of banks.

In addition, if a Canadian organization does business with a foreign bank, it is required to take measures to ensure that the foreign bank is not a shell bank, to obtain senior management approval, and to set out in writing all transactions.

In short, there is an obligation not only to know with whom one is doing business but also to scrutinize the banks with which one is doing business. Consequently, when a client wants to conduct transactions with foreign financial institutions, the bank is obliged to verify the credentials and to ensure that the sales, transactions or other operations are not fictitious. Its responsibility has been increased.

In the case of electronic funds transfers, the bank or other business must include the name, address, and the client's account number or other reference number, whether sending or receiving such transfers.

Electronic funds transfers are very popular now. The old bill was implemented in 2001 by the former government, which, once again, did not do its job. The new bill has been introduced for a reason. The Liberal government did nothing for five years. It did not manage to bring a bill into being. Obviously, things have changed since then, and significant numbers of financial transactions take place through electronic funds transfers. That is why the government introduced this new bill, which covers electronic funds transfers.

This new bill follows the United States' lead by requiring entities to establish a program to evaluate their ability to detect transactions that involve laundering the proceeds of crime and financing terrorist activities.

That is what the Bloc Québécois has trouble accepting. If we want to do what the Americans do, we should not only do what they do right, but avoid doing what they do wrong. That is why the Bloc Québécois is being so careful. This is about the ability to detect transactions that involve laundering the proceeds of crime. It would be nice to have that ability and to intervene, but we have to make sure we protect personal information.

Obviously, we will not be investigating. As we saw with the Maher Arar affair, we have to be careful with our investigations. Even with bank investigations, we have to be sure we have a situation that requires it. We cannot investigate just for the fun of it. We would risk arresting honest citizens who might find themselves under the microscope because we want to be just like the Americans, who figure that while they are at it, they might as well investigate a whole bunch of people. We must also avoid American-style mistakes, like casting too wide a net. They often proceed on the basis of race, religion, gender and so on. We are better off using a case-by-case approach and having really good reasons for investigating. Otherwise it is too easy to make mistakes.

The members of the Bloc Québécois will continue to defend the interests of Quebeckers and ensure that the Canadian government does not make the same mistakes as the American government. Any investigations with respect to detection must be justified, not conducted without good reason. Any evaluation of certain bank transactions cannot be done carelessly, because this could lead to honest citizens being investigated without cause.

Furthermore, we must ensure that no information on citizens who should not even have been investigated is shared with the United States, or any other country. In short, we must ensure that the Canadian government does not make the same mistakes as the Americans. Once again, only the Bloc Québécois can guarantee this to Quebeckers.

Bill C-25 subjects Canadian banks' foreign subsidiaries to the same rules as the Canadian banks themselves. It was high time, because the Liberals made the mistake of allowing our Canadian banks with foreign subsidiaries to share information, even though foreign laws often do not have the same respect for privacy. This is true of American laws.

To that end, Revenue Canada agents will now have the authority to give the Financial Transactions and Reports Analysis Centre any information they receive from another agent, under the Charities Registration (Security Information) Act. The aim of this new authority is to better fight against the financing of terrorist groups through charitable organizations and through businesses that perform electronic funds transfers. Once again, I would like to point out that the registration of charities must be carefully monitored, although charities are normally made up of honest citizens.

That is why the Bloc Québécois will fight tooth and nail for privacy and personal information protection. One may be open to the idea of all categories of organizations being monitored for money laundering, but efforts have to be made to ensure that charities, which bring together law-abiding citizens, not be subject, as they are in the United States, to a systematic analysis of their data bases or have their members subjected to money laundering analyses.

The Bloc Québécois will support Bill C-25, as long as honest citizens, honest Quebeckers are free from undue monitoring by government organizations eager to copy the Americans, who seem to think that, while they are at it, they might as well monitor or investigate just about everyone. We do not want that. That is not consistent with the philosophy of life and values that the citizens of Quebec have chosen for themselves. We want the privacy and personal information of honest citizens to be protected. Once again, they can count on the Bloc Québécois.

Softwood Lumber Products Export Charge Act, 2006

[Pierre Paquette, Bloc, Joliette, QC]

Mr. Speaker, I feel very bitter as I rise to participate in this debate.

Everything we see today, the whole mess, is the fault of the Liberals and Conservatives. Things could have turned out very differently if Canada—as it behaves at the WTO and in all the international trade forums—had not acted like a peewee, if not an atom, in the negotiations, starting with theMinister of Industry and his far-fetched statements last spring that opened the way to this cut-rate agreement.

I rise as well to be very responsible. When the agreement with the Americans was signed, we went around to the industries, unions and communities in Quebec. They told us, contrary to what the parliamentary secretary claimed, that the agreement was not perfect and needed to be clarified, but they were exhausted. They said that the Conservative government had smothered them and they were on the verge of bankruptcy. They asked us, therefore, to vote in favour of the bill based on this agreement but to go on saying that the agreement was cut-rate and far from the original objective. That objective, back in 2001, was for free trade in the softwood lumber industry.

This responsible approach led us to go and listen to what the industry, the unions and the communities had to say. This approach also means that the Bloc Québécois will vote in favour of Bill C-24.

I rise today not only to be responsible but also to be constructive. Everyone said throughout Quebec that this agreement was not enough to resolve the structural crisis that the forest industry is going through, especially in Quebec. It is probably the same everywhere in Canada, and the parliamentary secretary must have heard about it. We will need much stronger action to help the softwood lumber industry and our workers to survive this crisis.

If the Conservative government just sits on this bad agreement, thinking that people will forget the rest, it is sadly mistaken. I reach out to the Conservatives so that they proceed with the post-agreement phase and institute a real plan in support of the forest industry. It is true of Quebec, and I am sure it is true of Ontario, Alberta and British Columbia. If the Conservatives are happy just to pass Bill C-24 and think that that solves the problem, they will pay a heavy price in the next elections, which, I can assure the House, will not be long in coming. Our responsible, constructive approach should not lead the House to forget that we have not achieved the objectives that Parliament set for itself in 2001.

I myself introduced a motion, which passed unanimously, asking the Canadian government to do all it could to ensure that the softwood lumber industry was finally included in free trade. Unfortunately, as I said, the attitude, policies, approaches and directions of the previous government and the one that followed have led to this dead end. The industry needs a little oxygen.

Remember that Guy Chevrette said the industry needs some breathing room. He also said that if there were loan guarantees, he would refer the issue to his association for a vote, and that he thought people would be ready to fight to the end. The Conservative and Liberal governments refused to help the industry. They forced it to its knees and then suggested it accept the agreement, without which it would surely face ruin.

We refuse to let it be ruined. Saving it from ruin means more than just adopting Bill C-24; it also means instituting a whole series of measures to help the industry survive the structural crisis that, in Quebec, resulted from the Coulombe report, as the parliamentary secretary should know. Cut volumes will gradually be reduced by 20%. Energy costs have risen, the dollar has reached great heights, and there are a number of other problems Quebec alone faces. I will come back to this later.

I would like to review the order of events briefly. On March 31, 2001, the previous agreement fell. It, too, was a trade agreement administered with the United States. At the time, companies belonging to the American protectionist coalition submitted a petition. The Department of Commerce responded by imposing a 28% duty.

What was the Liberal government's strategy? That is the root of the problem. That government adopted a two-pronged strategy: negotiation with the Americans and legal proceedings.

Once the Canadian government sat down at the negotiation table, the Americans—both the American authorities and the protectionist coalition—expected to reach an agreement like the one before us now, which led to Bill C-24. The responsible thing to do would have been for the minister in charge at the time, Mr. Pettigrew, to say that we intended to pursue all legal avenues to resolve the issue once and for all. Indeed, sooner or later, we will have to find out who is in the right: the Americans, or Canadians and Quebeckers.

As you know, all of the courts, both the WTO and NAFTA, ruled in our favour. Our lumber is not subsidized and is not harming American producers. As such, the duties are illegal. However, we did not pursue this course to its end.

And a few months later, as I mentioned, the industry itself asked us to vote in favour of Bill C-24. Why? Because the Liberals not only pursued both paths, which sent a bad message to American authorities and the American industry, suggesting that we were going to bend sooner or later, but the government also refused to implement an aid program for the industry, although the Bloc Québécois has been requesting this since May 2002. I proposed this plan along with my colleague, the hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup. I would remind the House that if we had achieved those elements, our situation would be different today. But, no, the Liberal government refused, just like the Conservative government.

First, to allow businesses to avoid bankruptcy, we demanded an aid program with loan guarantees on the basis that illegal duties levied by the Americans constituted accounts receivable. We were told that that was impossible, that international trade legislation did not allow for loan guarantees. Two weeks before the election, the Liberals, sensing they were in hot water, agreed to offer $800 million in loan guarantees for the next five years.

Even worse than that, in the agreement and in the legislation, the federal government is going to operate precisely through loan guarantees. It will buy back the illegal duties levied by the Americans because they are accounts receivable. We could have been doing this since 2002.

Second, we also asked for a relaxation of employment insurance requirements. We are still asking for this and still have not obtained it, not from the Liberal nor the Conservative government. Third, we also asked for support for processing activities in order to offer more job opportunities in Quebec forestry. We never obtained that support. True, the Liberals established a program to diversify economic activity in those areas suffering from the softwood crisis. However, not one business affected by this crisis received a single cent in aid from the government, apart from $20 million for legal fees, if memory serves. This was, moreover, the fourth point in our action plan, namely, that Ottawa would pay the legal fees of any businesses that fell victim to American legal aggression. At that time, legal fees totaled $350 million. As we know, that figure is now much higher.

So if this plan had been put in place, on the basis of our legal victories—we were not far from the end—we could have got through the legal proceedings. When all options had been explored, there would have been a legal victory. It is clear that a legal victory, and the Minister of Industry said so to us—and he is right on this—does not guarantee that the Americans were going to act on these legal victories. Still, they would have put us in a much better negotiating situation than what happened to us when, in early April or late March, theMinister of Industry went and said that, actually, we did not expect to receive all the duties collected illegally by the Americans. What a great message! That creates some negotiating power!

I have been a negotiator for a long time. When we say to our opponent, to the party across the table, that we know that ultimately we will not get everything we are asking for, even though it is our own money, there is a problem. Obviously, the Americans leapt at the agreement and, oddly, a few weeks later, on April 27, we had an agreement that was slightly improved—it must be admitted—on July 1, and that led us to Bill C-24.

As I said, if the Conservatives had continued on the path I have indicated, that is, right to the bottom of the legal issue, with an assistance plan for the industry, we might have been talking about a few months. We would have been able now to have negotiations with the Americans that would have enabled us eventually to go back to free trade. Unfortunately the agreement may be terminated in three, seven or nine years. We do not know. Let us hope that it will last as long as possible. I am not one of those who wish the worst for our industry, on the contrary. I want what is best so that we can have stable and flourishing communities, businesses and jobs.

As I mentioned, when it ends in three, seven or nine years, we will have to do it all over again. Do you think that the American coalition will stand around idly with this $500 million we have just given it? No, certainly not, it is going to start building its case. We can be sure that in maybe three, seven or nine years a fifth dispute concerning lumber will start again.

What are we going to do then? Is it better to give in immediately and say that we Canadians—not Quebeckers—are prepared to accept everything the American coalition wants, because we are not prepared to fight to the finish?

We have some lessons to learn from this episode, and the first one is never to open negotiations before exploring all the legal options. But the only way to explore all the legal options in this issue is to provide solid support for our lumber industry.

Unfortunately, in three, seven or nine years, I will no longer be here since Quebec will be a sovereign country. However, I want to leave Canada's parliamentarians with a constructive lesson that I am taking from this softwood lumber saga; during negotiations, never extend the hand of friendship to the American authorities and softwood lumber industry until the legal process is over. From day one there has to be an assistance plan with teeth, as the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup and I suggested in 2002.

I was saying that we had a responsible attitude in this case, that we toured the regions and the industries. The leader of the Bloc Québécois and I phoned big businesses, talked with people from the associations, presidents of the major unions, and representatives of the municipalities affected by this crisis. As I was saying, no one spoke publicly to encourage the Bloc Québécois to vote against the bill resulting from the agreement—the future legislation—or to say they were out of money, out of breath and in the process of suffocating.

Although the agreement is far from perfect, it is in this context that the Bloc Québécois will vote in favour of Bill C-24. As I said, the crisis is huge. In Quebec there have been 7,000 layoffs since 2005. In my riding, there were 400 layoffs just a few weeks ago. Louisiana-Pacific closed its sawmill and waferboard plant. In my opinion, there is not one region in Quebec where this industry operates that is not suffering right now or worrying. The Louisiana-Pacific closure is indefinite. Let us hope it reopens as soon as possible. But for that to happen there needs to be an assistance plan.

The FTQ and the CSN have issued press releases. We know that Mr. Chevrette also issued a press release immediately after the Bloc Québécois decision to support the bill resulting from the agreement, saying that the Bloc met the industry's expectations.

Nonetheless, I will read some excerpts from the FTQ and CSN press releases to show to what extent the Bloc Québécois is in tune with the stakeholders in Quebec, by taking concrete action on the ground. If the Conservatives want to do the same, they will need to use more than words. They need to take action. I will close later with what we propose they do to get through this structural crisis.

I will read the FTQ press release:

The Fédération des travailleurs et travailleuses du Québec (FTQ) salutes the Bloc Québécois decision, announced yesterday, to support the softwood lumber agreement.

Given the catastrophic situation of the forestry industry, the FTQ believes that this agreement, although far from perfect, represents the only possible outcome that will save the industry. “This agreement will now force the Conservatives to take concrete action to help the industry survive the major crisis that it has been living through for several years,” stated Henri Massé.

For many years, the FTQ has been calling for concrete measures to help the forestry industry and workers, as well as an assistance program for older workers.

“It is vital that the government listen carefully to the Bloc Québécois demands regarding assistance for the industry and for the workers,” Henri Massé pointed out.

This is the FTQ press release. As we can see, that is not the end of the matter. Once Bill C-24 is passed, I hope that the Conservatives will not sit on their laurels. There is work to be done and we will suggest avenues to be pursued.

I would now like to quote from the Confédération des syndicats nationaux press release:

The CSN gives its support to the demands of the Bloc Québécois, announced yesterday, which seek to support the workers, companies and communities that have been hit hard by the softwood lumber dispute.

The CSN press release goes on:

Referring to the dramatic situation many communities in Quebec are in because of massive job losses in recent months, CSN president Claudette Charbonneau said that the federal government must act quickly to put in place a structured assistance plan. “Older workers and companies in difficulty must have financial support. The hemorrhaging has to stop”, she said.

The release continues:

The CSN stated that the softwood lumber deal is far from perfect.

So two out of two. That seems fairly clear. The release goes on:

However, it is unrealistic to hope to re-open the agreement with a view to improving it in time to help workers.

A quote from the CSN president follows:

The federal government, which negotiated this bad deal, has a responsibility to make up for these deficiencies using effective support measures that will give new life to an industry that is on its last legs. The survival of whole communities in many parts of Quebec is at stake.

The CSN adds:

The federal government should have taken steps long ago to help the workers and companies. Now, it has a golden opportunity to demonstrate its good faith.

As hon. members can see, support for the deal is far more qualified than the Conservatives let on. As well, I have a hard time understanding how the Liberals from Quebec can oppose Bill C-24, which has arisen out of the agreement, just when the players themselves, while stating as we have that the deal is not perfect, are acknowledging that it exists and was negotiated with the Americans.

Given the series of mistakes that have been made since 2001 by the Liberal and Conservative governments, it is hard to go back. Back to the Future is a movie; it is not reality. We have to recognize this.

I will conclude by talking about the support measures that we have proposed to the Conservative government and that are mentioned in the CSN and FTQ press releases: first, an income support program for older workers.

We discussed it during question period. We want a program like the one that was abolished by the Liberals in 1998: a plan for workers 55 years of age or more all over Quebec in sectors hit by mass layoffs. We will not agree to an income support program for older workers aimed at a particular sector or region to the exclusion of others. There is a group of workers who need help making the transition from their lost job to their pension. We need this program back, which as I said, used to exist until 1998.

Insofar as communities as concerned, we suggest real economic diversification programs for communities dependent on forestry. I will mention them. The Liberals established one, but it did not help the industry, it just helped communities. We need not only that program back now but also programs for businesses. For businesses, we want the $4.4 billion in countervailing and antidumping duties that will be paid back by the American authorities to be subject to a tax treatment that will take into account the damages suffered by these companies.

Indeed the dollars in which the companies paid these duties three or four years ago are not worth the same nowadays. Companies will therefore be paid back in Canadian dollars that are worth much more. They will therefore get less back in Canadian dollars than they paid three or four years ago. The government should take this into account. According to the companies’ assessments, they will lose between $400 and $500 million because of the changes in the exchange rate.

Since the tax formula that the government is going to adopt takes changes in interest rates into account, we expect that changes in the exchange rate will also be taken into account. We have a request from the Canadian Manufacturers and Exporters that could be applied to the forest industry on an experimental basis, namely accelerated depreciation on machinery. Obviously, if the depreciation can be deducted faster, the taxes on earned income are reduced.

We also recommend setting up a program to stimulate innovation in the forest industry and improve its productivity, programs to diversify lumber markets, and financial compensation for maintaining the road network. Our last suggestion relates to the tax credit for research and development. In the case of the forest industry, this is not worth much because the industry does not pay much tax—in fact, it does not pay any. I have been told that several companies have accumulated enough tax credits for the next 10 or 20 years. We therefore ask that this tax credit be refundable—on a trial basis, no doubt—to the forest industry.

For example, Tembec invests $80 million a year in research and development, but cannot benefit from tax credits for these expenses. Refunding the tax credit could stimulate research and development in a sector that really needs it.

I would like to end by saying that the Canada-U.S. agreement provides for a bilateral committee to administer it. The industry has identified a number of problems. We hope the bilateral committee will be able to correct these problems. I would like to see the creation of a sub-committee of Canadian, Quebec and American elected officials to work alongside the bilateral committee.

In conclusion, one of the problems we are facing is complete insensitivity on the part of American elected officials to the realities of the forest industry in Canada and Quebec. They are under the thumb—let us be frank—of an industry lobby that buys elections and probably even buys some elected officials. It might be time to correct this situation by having more frequent and regular contact with them.

Employment Insurance Act

[Johanne Deschamps, Bloc, Laurentides—Labelle, QC]

Mr. Speaker, I thank the Liberal member for his question, which I did not really understand.

Was this about handicapped persons who could not qualify for the program or about the spring gap? I would like to give him an answer, but I do not understand his question.

In any case, I will add that if he so desires, he can introduce a bill including what he said. It is up to him. We would give it consideration. However, the content of Bill C-269 did not appear out of nowhere. The bill really reflects the concerns mentioned by the workers of Quebec and Canada.