Bill C-2 (Historical)

Tackling Violent Crime Act

An Act to amend the Criminal Code and to make consequential amendments to other Acts

This enactment amends the Criminal Code by
(a) creating two new firearm offences and providing escalating mandatory sentences of imprisonment for serious firearm offences;
(b) strengthening the bail provisions for those accused of serious offences involving firearms and other regulated weapons;
(c) providing for more effective sentencing and monitoring of dangerous and high-risk offenders;
(d) introducing a new regime for the detection and investigation of drug impaired driving and strengthening the penalties for impaired driving; and
(e) raising the age of consent for sexual activity from 14 to 16 years.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Thank you, Mr. Chair.

Basically, it's nothing outlandish. I would suggest that this motion is perfectly in order with the overall mandate of this committee, Mr. Chair. We had discussed on a number of occasions--and I believe the record will show that we had all-party agreement on a number of occasions--that legislation coming before this committee should take precedence in terms of the discussions this committee would engage in.

Bill C-6, the visual identification of voters bill, is one that's been, frankly, sitting in the background for a number of weeks now, if not months. I know that members of this committee, in particular my colleagues from the Bloc Québécois, have stated that they would like to see this bill enacted and become law before the next election. Once again--and I think we've all said this from time to time--in a minority government there is certainly always the possibility of an election being called at any time.

We have certainly seen media speculation running rampant for the last number of months, suggesting, or predicting perhaps, that an election was imminent. At the current time, I suppose the threat of an election has been somewhat defused, because the three main items that were in the news as being potential election events or events that would force an election have now, generally speaking, been defused. Those three, of course, were the Afghanistan motion, Bill C-2, the Tackling Violent Crime Act, and of course the budget, which is an automatic confidence measure.

Although the budget has not passed in its entirety--we have a vote tonight, I think, as everyone knows--there are indications that it will pass. As well, the Afghanistan motion has not been voted upon yet, although as of today it looks as though we're going to be doing that on March 13. Again, there's been no guarantee that the motion as presented by this government will pass. There are indications, certainly, that that will be a motion that will pass, and of course the third potential election-causing matter of business, the Tackling Violent Crime Act, has passed the Senate. So that of course would not be an event that would cause this government to fall.

Since we apparently have a little bit of time, some breathing room, I think it would certainly be appropriate to try to deal with this piece of legislation in an expedient manner so that the decks are cleared, at least with respect to this particular bill, so that come the next election, whenever that might be, the law is in effect, the visual identification requirements as contained in Bill C-6 are actually law, and we can all comply with the law. I know this is something that has been near and dear to my colleagues in the Bloc Québécois.

Mr. Chair, I don't think that really there needs to be too much discussion on this, except to say that it appears the reason that we haven't been able to get to legislation such as this is that there have been some attempts, I would suggest, by members opposite to bring forward motions that are of a highly partisan nature and simply intended only to try to embarrass the government.

There seems to be no other rationale that I can determine for motions such as the proposed motion brought forward by Madam Redman to investigate the Conservative in-and-out advertising scheme. I see no other reason for that motion to be even discussed, other than the fact that this is something the opposition feels it can get some political hay out of. But I think what we need to remember is that, politics and partisanship aside, the role of this committee is to discuss legislation when it comes forward.

I would be hard pressed to think that any member of this committee would find fault with that purpose, and in fact I think it would be almost impossible to find a member of this committee who would disagree with the original position they have put forward, that all legislation pertaining to this committee should take precedence. Yet Bill C-6 has been sort of waiting in the wings for a number of weeks, if not months, and I think that's frankly something that's unfortunate, to say the very least, and something we should rectify at our earliest opportunity.

Therefore, Chair, I think the appropriate manner in which we can advance this is just to call the question, and I ask you to call the question now.

Tackling Violent Crime Act

[Rob Anders, Conservative, Calgary West, AB]

Mr. Speaker, how many times have we seen a violent criminal get off with a light sentence only to reoffend? How many times have we watched repeat offenders prey upon our communities?

This past Thursday, Bill C-2, the tackling violent crime act, received royal assent. This legislation makes changes to Canada's Criminal Code that will protect Canadians against those who commit serious and violent crimes. It was finally passed after being delayed by the Liberal dominated Senate for three months.

The Liberals attempted to water it down. They could not resist coddling the criminals. Their supporters, the defence lawyers, thought that ambiguity in law would mean more billable hours. Liberals do not want a streamlined judicial system.

Canadian families need real protection against serial criminals. The new law strengthens the Criminal Code by bringing in tougher mandatory jail times as well as better defence from adult sexual predators by increasing the age of protection from 14 years to 16 years.

Canada's government has made streets safer for the public and life harder for criminals.

Financial Statement of Minister of Finance

[Pierre Lemieux, Conservative, Parliamentary Secretary for Official Languages]

Mr. Speaker, it is a great honour and privilege to rise in this House today to speak about our latest Conservative budget.

In addition to being a responsible, prudent and well balanced budget, which reduces debt and helps Canadians, several good initiatives in this budget were very well received by the constituents in my riding of Glengarry—Prescott—Russell. They include real measures for business, agriculture, infrastructure and, naturally, families and seniors, the very foundation of our society and closest to our government's heart.

Before going into the details, allow me to mention once more some of the initiatives taken by this Conservative government since coming to power just two years ago.

We kept our promise made to Canadians to reduce the GST from 7% to 6% and then to 5%, and we did so ahead of schedule. We reduced taxes by cutting personal income tax rate from 15.5% to 15%. Furthermore, the basic personal exemption was increased to $9,600 and will rise to $10,100 in January 2009. A new $2,000 child tax credit will result in savings of hundreds of dollars for millions of Canadian families.

Corporate income tax rates have been cut drastically and will move from 22% to 15% by 2012, giving Canada the lowest federal corporate tax rate of all G-7 countries.

We reduced taxes for small business to 11% one year earlier than promised. Once again, these initiatives will give Canada one of the most competitive corporate tax rates in the world. In total, more than $200 billion has been invested in tax cuts since our government came to power.

Our Conservative government realizes that the months and years to come are full of uncertainty. For that reason, the theme of the budget is responsible leadership. It is vital that we proceed with a sense of caution and responsibility. This budget encourages Canadians to do the same. I am referring to the new tax-free savings account. For the first time in Canada's history, Canadians from all walks of life will have the opportunity to save their hard-earned money, which has already been taxed, without being penalized.

That does not mean that we will no longer do things to help Canadians. As I was saying, the people of Glengarry—Prescott—Russell are big beneficiaries of the priority spending announced in this government's budget. One of these priorities is infrastructure. I was very pleased to see in the previous budget the introduction of the building Canada fund, which is a $33 billion fund for infrastructure. During the past year, this program has helped finance a number of infrastructure projects that are resulting in a better qualify of life for the people of my riding, from Hawkesbury to Clarence-Rockland and everywhere in between.

In addition to this historic building Canada project, which was part of the previous budget, this new budget does even more to meet the infrastructure needs of my constituents by making the gas tax fund permanent. This will bring in millions of dollars annually for the municipalities, which will help them to better plan and finance their infrastructure work in the long term.

A large part of my riding is also dedicated to agriculture, and there is something in this budget for that as well. Since 2006, this Conservative government has taken direct action to help farmers. In fact, we have provided $4.5 billion in additional funding to farmers. This is funding above and beyond the annual funding provided to farmers.

We all remember the hardship felt by our cattle producers during the past few years and now more recently by our pork producers, which is why the government is accelerating programs designed to help them in their time of need. One new measure being introduced in this budget is a $50 million fund to be delivered to hog farmers to reduce the overstock that is currently putting pressure on the hog industry. This investment should translate into a 10% reduction, which is welcome news for the struggling producers of my riding. In addition, our Conservative government is delivering real support by making up to $3.3 billion available in loans to help producers weather current storms and adjust to new market realities.

Our government has listened to producers. We have worked with producers and now we are delivering for producers.

On the issue of seniors, there is no doubt that they are the big winners in this budget. In fact, even the Globe and Mail on Wednesday named seniors as being among the biggest winners. This is because our government has shown tremendous leadership and initiative by allowing pension income splitting for seniors and pensioners, something which has never been done before. We are also raising the tax exemption for income earned under the guaranteed income supplement from $500 to $3,500, a sevenfold increase. Seniors asked for this and we are delivering.

We also realize that with the increased life expectancy of Canadians, many seniors are willing to stay in the workforce longer and continue living as productive members of our society. Previously these seniors were penalized. By permitting phased retirement, we are giving older workers the choice to stay in the labour market.

As for RRSPs, we are also increasing the age limit for converting them from age 69 to age 71.

My constituents in Glengarry—Prescott—Russell welcome the additional fiscal measures taken by this government regarding the effort of tackling crime and bolstering our security.

In addition to making a giant leap in the right direction with the passage of Bill C-2 just last week, budget 2008 calls for a significant investment toward the creation of a new police officers recruitment fund. By allocating $400 million toward the recruitment and training of new police officers, our government is planning on assisting municipalities with the hiring of an additional 2,500 police officers throughout the country.

I can already hear the NDP, a party which opposes our efforts to better protect Canadians by getting tough on crime, complain that there is too much of a focus on correction and not enough of a focus on prevention. Allow me to respond that this is simply not the case.

The fact is that we are dramatically increasing the funding toward the national crime prevention program. This budget is investing an additional $60 million over the next two years, essentially doubling the annual funding, which currently stands at $33 million. These funds are used by the national crime prevention strategy in partnership with community groups designed to help vulnerable families and children determined to be at risk of later engaging in criminal activity, including gang or drug crimes.

As the Parliamentary Secretary for Official Languages, I am very pleased to see in budget 2008, that our Conservative government intends to go beyond its previous investments by developing a new action plan for official languages, since the current five-year action plan is coming to a close this year. The priority of the government's new action plan will be to protect and promote linguistic duality across the country.

As a member of Parliament who represents a riding with a very large official language minority community, I very much appreciate the work that has been done by Bernard Lord and, now, by the hon. Minister of Official Languages to ensure that the necessary measures for ensuring the vitality and development of these communities will be included in a new action plan.

In closing, this budget is fabulous news for the people of Glengarry—Prescott—Russell and Canadians across the country. It is a responsible, well-balanced budget that respects its commitments to Canadians and will help our country to move forward in the year to come.

I want to thank the hon. Minister of Finance for his work and the consultations he held to produce budget 2008.

The Budget

[Dave MacKenzie, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, that is the third good question from this side of the House today. As my hon. colleague from Fleetwood—Port Kells knows, Bill C-2 includes tough new penalties to crack down on gun criminals, repeat, violent or sexual offenders, impaired drivers and sexual predators targeting our youth.

Budget 2008 builds on previous efforts to deliver funding by providing funding for provinces and territories to recruit 2,500 new frontline police officers. As British Columbia finance minister Carole Taylor says, “I think an aggressive recruitment program for young police officers is a good thing”. We agree.

[Greg Yost]

The only thing done in Bill C-2 is to have a 0.8 causing death or causing bodily harm. This remains the same penalty whether you're convicted of refusal or over 0.8 in a simplicitor case.

[Frank Hoskins]

As I understand, in Bill C-2 they have amended the refusal section now to increase it.... It's a new offence, I believe. Perhaps you could help me with that.

[Greg Yost]

In any event, Mr. Pruden and I are not experts on toxicology or on social science research. We rely on the advice of experts in those fields. The paper is therefore restricted to the possible amendments to the Criminal Code. It makes no recommendations and is intended to assist the standing committee in its deliberations by discussing the issues as they're seen from a legal perspective.

As for dropping the blood alcohol content (BAC), experts agree that a driver with a BAC of 50 milligrams is less able to drive than a sober person who takes the wheel. In addition, a BAC of 50 increases the risk of accident, death, and injury. However, experts do not agree on the most effective way of mitigating this higher risk, whether it be by way of provincial legislation, or making it an offence under the Criminal Code to drive with a BAC of 50 to 80 milligrams.

Making it an offence to drive with a BAC in excess of 50 would not prevent provinces from taking action. Now, if a person's blood alcohol concentration is higher than 80, a province can immediately suspend a driver's licence, regardless of the outcome of the criminal charges. Most provinces are now proceeding to suspend licences of those found driving with a BAC between 50 and 80.

If legislators make it an offence to operate a motor vehicle with a blood alcohol concentration higher than 50, provinces can still maintain the right to suspend drivers' licences. There are two ways of creating an offence to drive with a BAC of 50 milligrams or higher, but bringing the illegal limit down from 80 to 50 milligrams would allow police officers and prosecutors to leave their current methods unchanged.

And yet, a minimum fine of $1,000 and a prohibition from driving for one year could be perceived as unduly strict for drivers whose BAC is between 50 and 80. A separate offence could set out less stringent fines and prohibitions. It would allow police officers to take action as they see fit, lay charges, or write up a ticket. If a ticket is issued under the Contraventions Act, the offender will not have a criminal record that would be detrimental to his career, or prevent him from travelling.

With respect to random breath testing, there is research indicating that many impaired drivers are able to avoid a demand for a breath test when stopped by the police, because the officer does not detect the smell of alcohol or symptoms of impairment. These drivers would be more likely to be detected under RBT, which is expected to have a deterrent effect. Nevertheless, it is probable that RBT would ultimately have to be justified under section 1 of the charter, as RBT requires detention of the driver.

The Oakes test requires that there be proportionality between the objective and the limitation. The salutary effects must outweigh the deleterious effects. In that regard, the results of the introduction of RBT in Australia, New Zealand, and the Republic of Ireland, combined with the fact that RBT or an approved screening device is immediately available--it only takes a minute or two--are encouraging.

We caution the standing committee that RBT is not a silver bullet. It is most effective when it is part of a high-profile campaign, with visible enforcement, that increases the perception among drinking drivers that they will be stopped and required to blow.

With respect to innovative approaches in use in other countries, we are most familiar with American practice. The Americans have been having some success with DWI courts, modelled on drug courts, and with using electronic monitoring to ensure that those who are prohibited from driving will be detected. However, these programs are expensive and require an elaborate infrastructure.

In the United States, persons who fail the screening test are required to provide a breath sample on an approved instrument for use in court. The American courts have held that assistance of counsel is not needed because the police are gathering evidence. Indeed, a BAC under 80 will exonerate a person, while a BAC over 80 does not, in and of itself, result in a conviction, as the prosecution must still show that the person was driving and that the equipment was working properly and had been operated properly.

As you know, the Supreme Court has held that it is constitutional to require a driver to provide a roadside screening test without the person being given the right to counsel. Officials have only begun to consider whether requiring an AI test without the person being given the right to counsel could survive a charter challenge. The major benefit would be to accelerate the determination of whether to lay a charge, and to free the police to go back on the road. However, administrative convenience is not an acceptable justification for an infringement of a charter right. Moreover, one of the main reasons the Supreme Court upheld roadside screening was that the ASD results could not be used in court.

I will not say much about sanctions because Bill C-2 includes increases in penalties. We are aware of the concern that the ignition interlock provisions in the code are unduly restrictive and should be made more affordable and available earlier to encourage greater use. The interlock example illustrates the need to ensure that the Criminal Code sanctions work effectively with provincial programs by encouraging drivers to get their licences back rather than discouraging them so that they drive while prohibited.

The standing committee should be aware that in the United States it is normal to have penalties tied to BAC and to have higher penalties for a person who refuses to provide a breath sample than for a person who is convicted on the basis of the breath sample. It provides an incentive for the driver to comply with the demand.

Finally, I would point out that much of the work we do as officials has consisted of responding to decisions made by the courts and advances in technology. The breath-testing provisions of the Criminal Code are almost 40 years old, with major changes made in 1979, with the introduction of screening devices; in 1985, after a comprehensive review by the Department of Justice; and in 1999, after a review by this committee. With the changes regarding DRE and evidence to the contrary just passed in Bill C-2, we have another set of major changes coming.

As a result of this series of amendments, the current edition of breathalyzer law in Canada is three volumes--about 12 inches thick--and contains 26 chapters and more than 300 topics. We are aware that other countries do not find it necessary to include such detail about how the breath test will be conducted or to prescribe timelines that must be respected. The paper suggests that it may be time for a reconsideration of the legislation as a whole, with a view to making it simpler and, in particular, for Parliament to assist the courts in understanding Parliament's intent in making any changes that may flow from this review.

Parliament has provided principles to guide the courts in the sentencing provisions of the Criminal Code, in the Youth Criminal Justice Act, and in the DNA Identification Act. Such principles could be included in any legislation that may flow from this review.

Thank you.

Mr. Pruden and I will be pleased to answer any questions.

[Frank Hoskins]

Furthermore, it is expected that the alcohol ignition interlock program will come into effect later this year, sometime in June. Against this backdrop, and from a prosecutorial perspective, I wish to briefly comment on the new legislative initiatives in the area of impaired driving as contained in Bill C-2, and then briefly comment on both the legal and practical issues that frequently arise in the prosecution of impaired driving cases.

Before I briefly comment on the initiatives of Bill C-2, I want to recognize and commend this committee and Parliament for the important work that has been done in attempting to protect Canadian citizens from drivers impaired by alcohol, drugs, or both in the manner consistent with the values enshrined in the charter.

Given the time allotted, I will touch upon only two initiatives contained in Bill C-2: the drug-impaired driving provision, and the provision that restricts evidence to the contrary.

It is an understatement to suggest that the drug-impairment driving enforcement provisions are long overdue. The lack of clear, effective responses to drug-impaired driving has been a longstanding concern. The new legislative provision will undoubtedly enhance the prosecution of drug-impaired drivers.

Although Bill C-2 permits video recording of test, in my view such video recording, where practical, should be conducted both at the roadside and later in the evaluation process during the drug-recognition test, as this is one way to import more objectivity into what will be argued as a subjective interpretation of the officer.

Furthermore, the audio and video recording of test for drug and alcohol impairment could be the most compelling evidence in the prosecution of an impaired driver, as it could clearly demonstrate the demeanour, behaviour, and condition of an accused person.

With respect to the provision that restricts evidence to the contrary, this amendment will undoubtedly limit or restrict the often-asserted defence of “I had only a couple of drinks”, or the Carter defence, but it does not eliminate the defence of bolus drinking that could occur before or after operating a motor vehicle. While the defence of bolus drinking is still possible, with the amendments the defence will be very difficult to establish.

There is a multitude of legal and practical issues that frequently arise in the prosecution of impaired driving cases; however, I'm going to focus on the following five: first, the effects of contextual definitions; second, police and crown training; third, blood alcohol concentration limit; fourth, random breath testing; and fifth, the necessity of a preamble.

With respect to the legal issues, there are phrases or words contained in the Criminal Code that are frequently litigated because they have been given contextual definitions by the courts. Examples include “care or control”, “forthwith”, and “as soon as practicable”. While these phrases or terms can cause uncertainty and unpredictability, they do provide a major flexibility that is consistent with the charter values. Thus, practically speaking, because of the contextual nature of these legal terms frequent litigation of the application of these terms to any given case should be expected.

With respect to police and crown training, I would like to make a few comments. The proclamation of the new Criminal Code provisions or amendments to the code related to impaired driving offences should be accompanied by funding sufficient to include adequate resources for enhanced police and crown training. Often an accused will challenge the police investigation, or lack thereof, which will include arguments involving insufficient grounds to make the demand, charter violations, and/or procedural mistakes made during the course of police investigation. Therefore continuous training in this area is necessary to ensure that investigations and prosecutions are conducted efficiently and effectively.

With respect to the issue of lowering the blood alcohol concentration limit from 0.8 milligrams of alcohol per 100 millilitres of blood to 0.05 milligrams, I'm not qualified to provide any meaningful commentary on this issue. It would appear to be a scientific inquiry examining the effects of impairment at 0.05 milligrams. However, I would add as a practical caveat to this issue that the common practice of the police in Nova Scotia is to lay charges only where blood alcohol exceeds or equals 0.10 milligrams. This is because of the presumed margin of error involved in the breathalyzer equipment.

In effect, then, the BAC level is elevated in practice, although it should be noted that in Nova Scotia, under provincial legislation, a BAC level of 0.05 milligrams empowers the police to temporarily suspend a driver's licence. Furthermore, a zero BAC level is statutorily mandated for newly licensed drivers.

I will now touch upon the issue of random breath testing. I do so not as a constitutional expert but as a practitioner in criminal law.

While random testing may be used in other countries, it would undoubtedly be challenged in Canada as a violation of the charter unless the courts found it to be a reasonable limit on the freedom of our citizens. In Canada, Parliament has set a statutory scheme whereby a screening test can be administered by the police merely upon entertaining a reasonable suspicion that alcohol is in a person's body--for example, the mere smell of alcohol on the driver's breath.

While the Supreme Court of Canada has upheld the constitutionality of this statutory scheme as a reasonable limit, it is arguable that the court may not uphold the statutory scheme that authorizes random breath testing where the police have no reason to suspect that the person is impaired. However, limiting the application of random breath testing to specific situations, such as motor vehicle accidents that cause death or bodily harm, may alleviate the charter concerns. Again, that is a matter best left with constitutional experts.

In any event, every aspect of any legislative scheme that authorizes random breath testing will invariably be subjected to detailed constitutional scrutiny.

Lastly, is it necessary to have a legislative preamble? While preambles can serve a useful purpose with new legislative schemes, if it is Parliament's intention that the amendments be judicially interpreted according to certain enumerated principles, it would be preferable to have these principles clearly and succinctly contained in amendments themselves.

That concludes my remarks, Mr. Chair. I'd be pleased to answer any questions.

[Kwei Quaye]

CCMTA is of the view that for impaired driving programs to be effective, they should combine the elements of certainty and swiftness of apprehension, severity of penalties, and appropriate remedial action. In light of the foregoing, CCMTA would like to take this opportunity to specifically address the four areas under review by the committee.

The first one is lowering the Criminal Code blood alcohol concentration threshold from 0.08 to 0.05. CCMTA believes there is sufficient evidence to suggest that drivers pose a safety risk below the current legal threshold of 0.08. At issue is how a lower threshold can best be incorporated into the existing process while minimizing any adverse systemic impacts of such a change. Currently, all jurisdictions except Quebec have existing administrative programs to address the issue of lower BAC drivers. These programs generally entail the issuing of short-term administrative suspensions to quickly remove low-BAC drinking drivers from the road. These programs can be used by police officers for drivers below the legal threshold but above 0.04 or 0.05, depending on jurisdiction. While knowledge of the current legal limit among drivers is high, evidence suggests that the administrative limits and the associated penalties are not.

To strengthen and increase the effectiveness of existing short-term administrative sanctions, CCMTA developed a model as a standard for jurisdictions to consider, so as to update the existing roadside suspension programs for drivers with lower BACs. Indeed, a number of jurisdictions have already strengthened existing programs since the model was approved. This model takes a swift and measured approach to lower-BAC drivers without unduly increasing the workload on police, court services, or transportation agencies.

Number two is random breath testing. A number of surveys have indicated that the public does not have a high expectation that impaired drivers will be caught by police. That is to say, the certainty or perception of certainty of apprehension is low. The goal of random breath testing, or RBT, programs is to increase the probability of an impaired driver coming into contact with the police, increasing the perception of apprehension and increasing the general deterrent effect of police enforcement. Currently, a police officer may stop a vehicle but may not make a demand for a breath sample unless there is suspicion that the driver has consumed alcohol. As a result, many drivers who are stopped in spot checks are allowed to proceed without providing a breath sample. The use of RBT in which all drivers stopped in the check stop will be required to provide a breath sample or be charged with failure to provide a breath sample will significantly increase the number of drivers tested who have been drinking. While such a system would be challenged under sections of the Canadian Charter of Rights and Freedoms, the Supreme Court has indicated a number of criteria for such a violation to be justified, which we believe the use of RBT for managing impaired driving will meet.

Number three is advances in technology to enforce laws. Ignition interlock programs have been shown to be effective when installed on the vehicle of a convicted driver who uses that vehicle. However, a number of challenges exist with interlock programs. Currently, the alcohol test committee of the Canadian Society of Forensic Science is responsible for approving screening devices and instruments, but not for ignition interlocks, as programs are fully within provincial and territorial jurisdiction. In order to improve national consistency and elevate the technical standard for ignition interlocks, it would be beneficial if the alcohol test committee could be given the responsibility for approving specific ignition interlock devices as meeting an approved technical standard.

A second issue with ignition interlock programs is the low number of eligible drivers who actually use the devices. This is a significant concern, as there is evidence that these drivers may not be honouring their suspensions but choosing to drive without valid licenses. In further developing ignition interlock programs for convicted impaired drivers, one challenge is to increase the number of eligible drivers who install the device and the provision of swift and sure sanctions for those who drive a vehicle without the equipment installed. An RBT program is a necessary element to increase the perception of being caught driving without a licence or an ignition interlock device, and to support existing provincial and territorial programs.

CCMTA also believes that research into other technologies that can be used to immobilize the vehicle or monitor the alcohol use of an offender should be pursued further with the goal of making these technologies available for jurisdictions to consider integrating into their programs.

Number four is federal, provincial, and territorial programs. The partnerships among provincial and territorial programs and the federal Criminal Code of Canada have been effective in reducing the incidence of impaired driving. Provincial and territorial jurisdictions have invested a great deal of time and resources in impaired driving programs that have been developed over the years. As new programs are developed, it will be important to consider the impact on existing programs and the resources before a specific initiative is implemented. For example, the implementation of measures in Bill C-2 is likely to be significant with respect to human and fiscal resources, training for police and prosecutors, purchases of new equipment, and changes to the handling of evidence and cases. These must all be managed along with other priorities. It is necessary to consider the capacity of police, courts, and transportation agencies to implement and support new programs or program changes in an efficient and timely manner. In addition, each proposal must be fully costed, and a funding source identified before implementation can be considered.

Many of these problems can be overcome by streamlining the necessary forms and processes for federal, provincial, and territorial legislation. This streamlining should be a priority, as it speaks directly to the provincial and territorial capacity to deal with new programs or additional changes generated by random breath testing or changing the blood alcohol concentration threshold.

In conclusion, impaired driving remains a significant challenge, which Canadians believe can and should be addressed by governments. To do so effectively requires coordination and cooperation. Federal legislation must dovetail with provincial and territorial programs and have the support of police agencies and the general public as well as the necessary funding to be successful. We must be cognizant of the comprehensive impaired driving programs that are already in place in the various jurisdictions, and be careful to ensure that new broad and far-reaching initiatives do not jeopardize our goal of having swift, certain, and significant initiatives to help reduce the incidence of impaired driving and its consequences in Canada.

CCMTA recommends that the Criminal Code threshold not be lowered from the existing level, with the exception of one of the jurisdictions that is not in full agreement in with this.

CCMTA also recommends that Parliament make mandatory a demand for a breath sample by a police officer at a random breath test stop.

CCMTA recommends that Parliament authorize the alcohol test committee to approve alcohol ignition interlock system standards to ensure that all the technology functions at a minimum acceptable level.

Finally, CCMTA recommends that a comprehensive research and evaluation framework be developed and funded with a goal of recommending evidence-based solutions to the challenge of impaired driving and reducing unnecessary technicalities that place an undue burden on police, the courts, and transportation agencies.

Together, we have made significant improvements in rates of impaired driving over the past 30 years, and together we can move forward and achieve our collective goal of 40% reduction in deaths and serious injuries by alcohol-involved drivers by 2010, thereby reducing the $21 billion in societal costs related to impaired driving each year.

Thank you for the opportunity to express our considerations and concerns. We will be happy to take any questions.

[The Speaker, Liberal, Peter Milliken]

I have the honour to inform the House that when the House went up to the Senate chamber, Her Excellency the Governor General was pleased to give, in Her Majesty's name, royal assent to the following bills:

Bill C-8, An Act to amend the Canada Transportation Act (railway transportation)—Chapter 5.

Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts—Chapter 6.

Bill C-44, An Act to amend the Agricultural Marketing Programs Act—Chapter 7.

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, before I begin to rebut all of the arguments made by my hon. colleague, I would be remiss if I did not thank my hon. colleague and all of his colleagues in the Liberal Party for their unwavering support of this government over the course of the last few days, particularly in terms of the budget. Of course, before that there was the Afghanistan motion to extend the mission until 2011. Most recently was their support of Bill C-2, the tackling violent crime act.

I can honestly say that without the continued support of the Liberal Party on government initiatives, we really would not be able to make as much progress as we have seen over the course of the last two weeks or so. Again, I thank the hon. member. I urge him to continue that level of support we have seen because this is what makes Parliament work, a strong government abided and abetted by an opposition party that wants to see Canadians of all political levels benefit. I thank my colleague so much for all of the invaluable support we have seen.

I would love to see that same level of support when it comes to the motion we have presented in the procedure and House affairs committee. The motion is that we would voluntarily open up our books to examine all of our advertising practices for the last several years. I must add, we are the only party that has voluntarily offered that type of examination. Of course, there is only one caveat that we place upon that, which is that all parties, not just the Conservative Party, but all parties do the same and open up their books. However, we have found time and time again in the procedure and House affairs committee that the opposition members, particularly the member opposite and his party, have refused to accommodate such a motion.

I have consistently stated, at great lengths I must add, that I do not believe that any other party in this House has ever done anything wrong when it comes to the advertising practices in elections past. I have also taken great pains to point out that the advertising practices employed by the Conservatives are exactly the same as those employed by members of the Liberal Party, the New Democratic Party and the Bloc.

I am suggesting if they were able to examine all of our books in the light of day, we would certainly find that in our opinion Elections Canada has erred in its ruling that there was perhaps something wrong with the so-called in and out scheme. As I pointed out at committee, everything the Conservative Party has done is in complete compliance with electoral law.

I believe that my hon. colleague knows that and that is the reason he and his colleagues are refusing an examination of their own books. I can think of no other reason, other than the fact that they may have something to hide and I would hope that not be the case.

Once again, I thank my hon. colleagues for all of their support on the budget and other initiatives this government has brought forward. I look forward to continued support over the upcoming weeks, months and perhaps even years as they sit in opposition. I hope my hon. colleague will have second thoughts about supporting us on our motion we brought forward to the procedure and House affairs committee.

Tackling Violent Crime Act

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Mr. Speaker, the tackling violent crime act has been in the Senate for 89 days and it has still not passed. The time for filibustering, stall tactics and delay by the Liberal dominated Senate must end and end now. Shame on the Liberals.

The message is clear. It is time to pass the tackling violent crime act and to pass it now. Those who are victims of crime want it passed. Why not the Liberals? Those who want to see the age of sexual consent raised from 14 years to 16 years want it passed. Why not the Liberals? Those who want to protect their children from sexual exploitation by dangerous offenders want it passed. Indeed, Canadians want it passed, yet the Liberals walked out of the House and abandoned not only the House, but parents, young children, those abused by dangerous offenders and all Canadians.

It is not a time for sitting on one's hands or walking out on Canadians. It is time for the leader of the official opposition to show some fortitude. Enough of the stall tactics. It is time to instruct the Senate to pass Bill C-2 and to pass it now.

Canada Elections Act

[Roy Cullen, Liberal, Etobicoke North, ON]

Mr. Speaker, the fundraiser last night that the member referred to was totally within the rules.

He knows full well that if someone makes a donation and other individuals receive some value in return, there is a certain value ascribed to the goods or services that the individuals are receiving that has a fair market value and the differential is a political donation. When we get into silent auctions, there is a certain value that we derive and I am sure that is being looked at and will be dealt with.

I would like to come back to a point that I failed to mention which came up in the previous discussion and that is the public appointments commission. The Conservative government promised to have a totally non-partisan appointments process. Bill C-2 talked about that. The government set up a public appointments commission and brought in Mr. Gwyn Morgan to sit as chair. Mr. Morgan is an eminent Canadian who may have said things that were not totally appropriate. Nonetheless, the government operations and estimates committee did not want Mr. Morgan as chair.

The committee did not approve of Mr. Morgan, so the government had to find someone else because it is committed to a non-partisan appointments process. Instead of the government saying it gave its best shot, it threw in the towel.

If the government could not get Mr. Morgan then the whole idea of a non-partisan public appointments process would go out the window. That is like a little kid playing on the street and a bigger kid comes along and takes his toy. The game is then over. That is something the government should revisit and bring forward.

I think the member realizes that the bill deals with loans and that is what this issue is all about. Members on this side of the House will comply with all legislation this House passes, so I do not see any problem there at all.

[Roy Cullen, Liberal, Etobicoke North, ON]

Mr. Speaker, I am happy to speak to Bill C-29, An Act to amend the Canada Elections Act (accountability with respect to loans).

Certainly the party on this side supports transparency and accountability with respect to election financing and the Canada Elections Act. At committee, I understand, there were amendments made. That is why the caucus on this side will support the bill, with the amendments, but I gather the government will be challenging some of those amendments. That would be unfortunate. We will have to see where that takes us.

The other thing I need to say in regard to the bill is that although it is being presented by the Conservative Party as some new and revolutionary way of proceeding with this type of arrangement with respect to loans to candidates, et cetera, many aspects of the bill are in fact similar to what is already in force and what was in force under the leadership of our Liberal government.

Having said that, I think the bill makes things clearer in some areas. In that sense perhaps it is an improvement, but I do not think Canadians will be deceived by the fact that many of the provisions outlined in the bill are already in the law.

Perhaps I should step back a bit. As I understand it, what the bill is trying to deal with is the fact of a candidate running in a federal election, for example, where the rules are very strict--and so they should be--with respect to how people can accept donations or from whom they can accept donations. Those rules are fairly clear.

The intent, as I understand it, is that this bill tries to deal with people who might try to sidestep those rules by receiving loans from parties from whom they otherwise would not be able to receive loans, or by receiving loans at interest rates that are less than fair market value, which itself would constitute a benefit, et cetera.

Or the loan might be advanced during a campaign and then be forgiven. For example, the candidate who had access to the loan money might find that suddenly a year later the person from whom the candidate received the loan is washing his or her hands of it. The candidate might be told that he or she does not have to repay the loan. That would become a contribution. If the amount of the loan exceeds the amounts currently allowed under the Canada Elections Act, then surely the law would also apply to a loan that is forgiven, and surely a lower interest rate loan at less than fair market value would also constitute a benefit.

I think it is a good thing that people are not able to get around the rules or do things through the back door that they cannot do through the front door. To the extent that this bill clarifies those particular aspects, that is a positive development. However, under the existing act, the loans could not be forgiven without consequence, nor could loans be granted under the current provisions of the law if they exceed the donation limits.

This really goes back to our government's Bill C-24, An Act to amend the Canada Elections Act and the Income Tax Act (political financing). Our government began that process and that bill was passed into law. It severely restricted the amounts that could be donated to candidates or parties by corporations and unions, and it also restricted the amounts that could be paid by individuals.

The Conservative government, in Bill C-2, the Federal Accountability Act, has made further changes to that, and in fact reduced the personal contributions from $5,000 to $1,100 per year, per party. What has happened, of course, is that it has made it more difficult for political parties to raise money.

The provisions of Bill C-24 and Bill C-2 allow for Elections Canada to reimburse candidates based on how many votes they received in an election, so essentially what has happened is the burden and the cost of election campaigning has been transferred from corporations, unions, and to some extent individuals, to the taxpayers at large.

One can debate that philosophy. I for one think it is unfortunate that corporations and unions are precluded from participating in the political process. I would agree that limits need to be placed on that, but I wonder why it is so horrible for corporate Canada and the unions to not be able to support financially political parties or candidates of their choice within certain limits.

Nonetheless, Bill C-24 has passed and is the law of Canada, and Bill C-2 makes further changes to that particular regime.

However, I find it strangely ironic that this party brings in this bill, Bill C-29, and argues that it is a whole new regime with respect to loans and elections. As I said earlier, it is not really that new, but at the same time the leader of that party, the Prime Minister, has refused to disclose the names of all the individuals and organizations that donated to his leadership campaign in 2002. That strikes me as being very hypocritical.

Our party went through a leadership campaign a couple of years ago. All the participants made full disclosure of the sources of their funding and it is a matter of public record. However, for some reason the leader of the Conservative Party of Canada refuses to disclose the names of those people who donated to his leadership campaign. By refusing to do that, it raises questions about who was behind his leadership bid.

It may raise questions inappropriately because perhaps everything was totally appropriate, but by virtue of the refusal to disclose, it sort of leaves questions in people's minds of who was actually supporting his leadership bid, and whether they had a particular agenda that they were promoting or advancing.

If we have full transparency and disclosure, I think we take away that kind of ambiguity. I for one am in favour of full transparency and accountability.

Under the old rules, if a corporation wanted to donate to my election campaign, that donation would be fully disclosed by Elections Canada. It would be on my website. It would be everywhere.

If the voters of Etobicoke North did not think it was appropriate for me to accept $500 from BASF Canada because they thought I had a hidden agenda and the company was buying my influence about something, then that is a fair debate. I would be happy to have that debate.

Full transparency and accountability are absolute musts. Members of Parliament should be prepared to defend their actions in an election and in the House.

It has sometimes been said that this place is like living in a fish bowl. If people are interested in what we are doing, they can find out exactly what we are doing. If we travel or someone has sponsored our travel, that information is on the public record. The Office of the Ethics Commissioner has a whole variety of reports that are available publicly. I think that is totally appropriate.

People should not be able to take advantage of loopholes in legislation and stay clear of contribution limits by taking loans from people. That is in the current legislation. If Bill C-29 clarifies that, then that would be a positive development.

Our critic has worked hard on this file. A number of positive amendments were made at committee. I hope the government reflects on those amendments and does not try to reverse them because they would improve the bill. With that caveat, I will be supporting the bill when it comes to the House at a later stage.

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

Mr. Speaker, the hon. member should read what he is talking about. It was Bill C-2 that restricted the $1,100. This is Bill C-54, which deals with loans. Perhaps he is going to be talking about the member in his own caucus who took $30,000 from his company. I think the member should figure out what he is talking about before asking questions.