An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Lawrence Cannon  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Marine Act to clarify and make technical changes to certain provisions. As well, the amendments
(a) modify the Act’s purpose;
(b) modify a port authority’s access to federal funding;
(c) add provisions regarding the power of a port authority to borrow money;
(d) provide additional regulatory powers to the Governor in Council;
(e) add provisions regarding port amalgamation;
(f) modify provisions regarding the appointment of directors of port authorities; and
(g) add a penalty scheme and streamline certain other enforcement provisions.
The amendments also include transitional provisions, corrections to other Acts and consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-23s:

C-23 (2022) Historic Places of Canada Act
C-23 (2021) An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
C-23 (2016) Law Preclearance Act, 2016
C-23 (2014) Law Fair Elections Act
C-23 (2011) Law Canada–Jordan Economic Growth and Prosperity Act
C-23 (2010) Law Eliminating Pardons for Serious Crimes Act

Votes

May 6, 2008 Passed That the Bill be now read a third time and do pass.

The Speaker Peter Milliken

As spoken

Business of the HouseOral Questions

May 8th, 2008 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, the government took a major step forward this week to maintain a competitive economy, our theme for this week, and I am happy to advise the House that yesterday the Standing Committee on Finance agreed to report the budget implementation bill back to the House by May 28.

This is excellent news. The budget bill ensures a balanced budget, controls spending, and invests in priority areas.

This week also saw the passage of Bill C-23, which amends the Canada Marine Act, and Bill C-5 on nuclear liability at report stage.

Today, we are debating a confidence motion on the government’s handling of the economy. We fully expect, notwithstanding the minority status of our government, that this House of Commons will, once again, express its support for the government’s sound management of Canada’s finances and the economy.

Tomorrow, will we continue with maintaining a competitive economy week by debating our bill to implement our free trade agreement with the countries of the European Free Trade Association. It is the first free trade agreement signed in six years and represents our commitment to finding new markets for the goods and services Canadians produce.

If there is time, we will also debate Bill C-14, which would allow enterprises choice for communicating with customers; Bill C-7, to modernize our aeronautics sector; Bill C-32, to modernize our fisheries sector; Bill C-43, to modernize our custom rules; Bill C-39, to modernize the Grain Act for farmers; and Bill C-46, to give farmers more choice in marketing grain.

The government believes strongly in the principle of democracy and the fundamental importance of human rights. Next week we will show our support for that with strengthening democracy and human rights week. The week will start with debate on Bill C-30, our specific land claims bill. The bill would create an independent tribunal made up of superior court judges to help resolve the specific claims of first nations and will, hopefully, speed up the resolution about standing claims.

We will debate Bill C-34, which is our bill to give effect to the Tsawwassen First Nation final agreement. We will debate our bill to provide basic rights to on reserve individuals, Bill C-47, to protect them and their children in the event of a relationship breakdown, rights that off reserve Canadians enjoy every day.

As I said, we are committed to strengthening democracy in Canada. Yesterday, I had an excellent discussion on Senate reform with members of the Senate legal and constitutional affairs committee. That discussion will continue in this House next week when we debate our bill to limit the terms of senators to eight years from the current maximum of 45, as foreseen in Bill C-19.

We will also debate our bill to close the loophole used by leadership candidates to bypass the personal contribution limit provisions of the election financing laws with large, personal loans from wealthy powerful individuals and ensure we eliminate the influence of big money in the political process.

With regard to the question about estimates, there are, as the opposition House leader knows, two evenings that must be scheduled for committee of the whole in the House to deal with those estimates. Those days will be scheduled over the next two weeks that we sit so they may be completed before May 31, as contemplated in the Standing Orders.

There have been consultations, Mr. Speaker, and I believe you would find the unanimous consent of the House for the following:

That, notwithstanding any Standing Order or usual practices of the House, on Friday, May 9, starting at noon and ending at the normal hour of daily adjournment, no quorum calls, dilatory motions or requests for unanimous consent shall be received by the Chair.

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Business of the HouseGovernment Orders

May 1st, 2008 / 3:15 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, our week devoted to action on the environment and health of Canadians is proving to be a success. We just passed Bill C-33 at report stage with the support of two of the other three parties. This is our bill requiring that by 2010 5% of gasoline and by 2012 2% of diesel fuel and home heating oil be comprised of renewable fuels. It represents an important part of our plan to reduce greenhouse gas emissions by 20% by 2020. Debate of this bill at third reading will now be able to commence tomorrow.

We have also started to debate two bills to improve the safety of food, consumer products and medical products in Canada.

On Monday we debated Bill C-52, to create the Canada Consumer Product Safety Act and yesterday we debated Bill C-51, to modernize the Food and Drugs Act.

We also introduced Bill C-54, to promote safety and security with respect to human pathogens and toxins. We will continue to debate these bills today and tomorrow.

During these uncertain economic times to the south, our government has led the way on the economy by taking decisive and early action over the past six months to pay down debt, reduce taxes to stimulate the economy and create jobs, and provide targeted support to key industries. In keeping with our strong leadership on the economy, next week will be maintaining a competitive economy week.

We plan to debate the following bills intended to enhance the competitiveness of certain sectors of the Canadian economy: our Bill C-23, at third reading stage, to amend the Canada Marine Act; our Bill C-5, at report stage, on liability in case of a nuclear incident; and our Bill C-14, at second reading stage, to amend the Canada Post Corporation Act.

We will also debate at second reading Bill C-32, which modernizes the Fisheries Act, Bill C-43, which amends the Customs Act, and Bill C-39, which amends the Canada Grain Act. We will also begin to debate Bill C-46. This is our bill to free western barley producers from the Canadian Wheat Board monopoly by giving them the freedom to market their own products. We will debate at third reading our bill to amend the Aeronautics Act, Bill C-7.

My friend, the member for Wascana, the Liberal House leader, said that government business and the doing of business in the House of Commons appeared to end on Tuesday. That is because next Wednesday and Thursday will be opposition days, and I would like to allot them as such at this time.

In terms of the question he raised with regard to Bill C-293, which is a private member's bill, I understand it is scheduled to come before the House in early May. At that time the House will have an opportunity to deal with the matter.

In terms of estimates and witnesses appearing before committee of the whole, the government does have to designate those to occur before May 31. Late last night I finally received notice of which two departments were identified and we will soon be advising the House of the dates that will be scheduled for consideration of those matters in committee of the whole.

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Business of the HouseGovernment Orders

April 10th, 2008 / 3:20 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I am pleased that the House of Commons has just now voted to approve the budget implementation bill at second reading. The bill will now proceed to the Standing Committee on Finance where it will be studied by members of that committee.

I know that the Liberal Party originally said that it adamantly opposed the bill, so we welcome its change of heart yesterday with its help to defeat the NDP motion, which would have effectively killed the bill, and its kind cooperation today to make sure it passed at second reading.

As I am sure the Liberal House leader is aware, the passage of the bill is important to the stability of the Canadian economy during a time of global economic uncertainty and to reduce the immigration application backlog that is causing Canada to lose much needed talent from potential immigrants. We hope it will be dealt with quickly at committee so that we can have it back to the House for third reading, where I am sure it will once again receive the same warm greeting.

Today and tomorrow, we will continue to debate Bill C-23, which amends the Canada Marine Act; Bill C-33, which will regulate a renewable content of 5% in gasoline by 2010, and 2% in diesel fuel and heating oil by 2012; and Bill C-5, which has to do with responsibility in the event of a nuclear incident, as part of Improving the Health and Safety of Canadians Week.

Next week will be a stronger justice system week. We will start by debating, at report stage and third reading, Bill C-31, which amends the Judges Act to allow the application of additional resources to our judicial system.

We will also consider Senate amendments to Bill C-13, which is our bill to amend the Criminal Code in relation to criminal procedure, language of the accused, and other matters.

We will then continue by debating Bill S-3, our bill to reinstate modified versions of the anti-terrorism provisions--the investigative hearings and the recognizance with conditions provisions--in the Criminal Code. This important piece of legislation, which has already passed the Senate, will safeguard national security while at the same time protecting the rights and freedoms of all Canadians. I hope all members of the House will work with the government to ensure its quick and timely passage.

We will debate Bill C-26, which imposes mandatory prison sentences for producers and traffickers of illegal drugs, particularly for those who sell drugs to children.

Lastly, time permitting, we will start debating Bill C-45, which has to do with our military justice system.

With regard to the bill dealing with aboriginal human rights, we understand, sadly, that the opposition parties gutted the relevant provisions and protections in it. Therefore, I am surprised by the enthusiasm of the opposition House leader for it. Perhaps if the members are, as they were on Bill C-50, prepared to reverse their position and support the restoration of those meaningful principles, we would be happy to bring it forward again.

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Business of the HouseOral Questions

April 3rd, 2008 / 3 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I would like to start by thanking the opposition House leader for performing his basic parliamentary duty by asking the Thursday question. We have missed it once or twice. I believe it is important that this government have the opportunity to inform the House of its legislative agenda for the coming week.

Today we have started to debate the budget implementation bill. It incorporates the measures that were announced in budget 2008 and adopted by this House on two different occasions.

These are prudent, focused, responsible measures, including the tax-free savings account, $350 million for the Canada student grant program, and more money for police officers, the environment, health, and infrastructure for our cities.

We will continue to debate the bill tomorrow as well as throughout next week. The government has read reports that the opposition is going to delay and obstruct the passage of the bill. I hope that does not happen.

Next week will be improving the health and safety of Canadians week. A number of measures will be announced to accomplish this goal.

I cannot provide any details on these exact measures, but I am sure hon. members will agree that these are excellent initiatives that will improve the health and safety of Canadians.

Next week we will also debate changes to the Judges Act, Bill C-31; the Senate amendments to Bill C-13, our legislation to amend the Criminal Code in relation to criminal procedure, language of the accused, sentencing and other matters; and Bill C-23, which amends the Canada Marine Act.

The government will also debate—and pass, we hope—important bills to enhance the economy and accountability. There will be Bill C-33 to regulate a renewable content of 5% in gasoline by 2010, and a 2% requirement for renewable content in diesel fuel and heating oil by 2012.

We will also debate Bill C-5, which deals with responsibility in the event of a nuclear incident, Bill C-7, which amends the Aeronautics Act, and Bill C-29, to create a standard process for dealing with loans made to political parties, candidates and associations.

I would like to indicate that next Tuesday will be an allotted day.

In terms of the question on creating a committee of the House regarding Afghanistan, I thank the member for his question. We did receive a letter from him asking about that yesterday. We appreciate the support of this House of Commons for the motion, which has allowed the Prime Minister to travel to Bucharest and obtain the commitments that have been obtained from our NATO allies and allow that mission to continue.

We do believe it is important for that committee to be formed so it can operate shortly, and we will be proceeding with that soon.

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Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

February 11th, 2008 / 3:05 p.m.


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Conservative

Merv Tweed Conservative Brandon—Souris, MB

Mr. Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Transport, Infrastructure and Communities.

In accordance with its order of reference of Tuesday, December 4, 2007, your committee has considered Bill C-23, An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence and agreed, on Thursday, February 7, to report it with an amendment.

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Criminal CodeGovernment Orders

February 6th, 2008 / 4:10 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I am pleased to have the opportunity to speak briefly to Bill C-13. This bill is similar to Bill C-23, which was debated in the House.

I may be a rookie here but I remember Bill C-23 very well. We were in favour of the bill but the government decided to dissolve Parliament. So here we are, debating the same bill all over again, except that the number has changed.

The context is fairly important as we start, Bill C-13 is really Bill C-23. It contains so many important new aspects to make our criminal justice system work more equitably and to modernize it. It is why I was proud as a member of the Liberal justice team and as a member of the Liberal justice committee team to approve it and to send it on for eventual approval and royal assent.

Alas, the Prime Minister and his team decided that they were afraid of the environment. Their new Minister of the Environment had failed so miserably to act on the environment that they had to scuttle the whole Parliament because they were afraid of a couple of bills that might change things. In that mess, in that melee unfortunately, this good justice bill was killed and had to be reintroduced again.

One might ask, what difference does it make? It makes a difference to people who care about the criminal justice system. It may not mean a lot to people, but one of the biggest things we could have done in the last two years that I have been here would have been to modernize and make more effectual our criminal justice system, to move the maximum fine to be imposed for any summary conviction offence from $2,000 to $10,000.

A $2,000 fine is within the means of many people, but a $10,000 fine for a serious summary conviction offence, that does not warrant jail time, is a serious fine and might very well have a deterrent effect on those type of crimes for which a fine is appropriate.

There were many other amendments, which could be in effect and the law in the country now, that were just simply thrown away.

Language rights are very important in my province of New Brunswick which is officially a bilingual province. I represent the city of Moncton, which is an officially bilingual city. This is bread and butter for New Brunswick politicians. It is disturbing to me that the parliamentary secretary, when asked why Bill C-23, which contained many provisions to improve the delivery of justice services in both official languages was not given the priority of other bills, turned his answer to Bill C-2 and the tackling violent crime bill.

I asked why Bill C-23, which everybody agreed upon, was given second shrift to Bill C-2 and of course why was Bill C-2 killed?

This love child of the Conservative justice agenda, why was it killed by the Prime Minister? Was he so afraid of other bills which showed the incompetency of his own ministers?

It seems shocking to me. It included: Bill C-10, involving mandatory minimums which was a bill improved upon at committee and which had passed the House; Bill C-22, which modernized issues surrounding the age of consent and the age of protection, and provided for the first time a close in age exemption which made the bill very palatable in protecting young people; Bill C-32, for which Mothers Against Drunk Driving had been clamouring for some time; and, Bill C-35, a reverse onus on bail provisions which in effect codified the existing treatment of the law by jurists in the country, jurists who are exceptional jurists.

I have said this for two years. It seems like I just got here but I am here again defending judges and saying that they were enacting the provisions of Bill C-35 long before we had to make it law. Finally, there was Bill C-27, with respect to dangerous offenders.

Those were all bills that were moved along and would be law now had the government not pulled the plug on its own agenda. It euthanized its own criminal justice program.

In light of the Conservative vote on the capital punishment issue today, it is not surprising that Conservative members believe in terminating things. They have terminated their own hopes and dreams for criminal justice.

However, we want to move Bill C-23 along, which is now Bill C-13. It is an important bill that will deliver a lot of valuable aspects to the criminal justice system.

However, as I move to what is probably bread and butter for me as a New Brunswick politician, the language of the accused, I want to highlight what the bill will do and what it has done in the past. It is important to note the existing context.

At the request of the accused, a judge will order that the accused be granted a preliminary inquiry, a pre-trial procedure, and trial before a judge without jury, or judge with jury, who speak the official language, one or the other, which may be the language of the accused.

If the accused speaks neither English nor French, a judge will order that the accused be granted a preliminary inquiry or trial, without a judge and jury, who speak the official language of Canada in which the accused can best give testimony. The court is also required to provide interpretation services. That is the existing set of laws.

What Bill C-13 does to improve upon that, in clause 18 of the original bill, is to suggest that once the accused appears in court, the judge is required to advise him or her of the right to trial in the official language of his or her choice, but this requirement, as it exists now, is only if the accused is not represented by counsel.

What Bill C-13 does, which Bill C-23 did and which we all agree on, is take away the issue of representation and says that the judge must advise the accused, whether represented or not, it was a false barrier, to his or her right to have a trial in the language of his or her own choice. That was a good change and it leads me into some of my further debate points when I say that the judge was required to advise the accused of his or her languages rights.

I know the member for Beauséjour is a member of the bar. He is experienced in certain criminal proceedings and would know, coming from a francophone milieu, that it is critically important that the gatekeeper for language rights in that context, the provincial court judge in most instances, has that positive duty to inform a judge of his or her right to a trial in the language of his or her choice. It is important to know that the judge is already doing that.

With respect to preliminary inquiries and the trial in both official languages, clauses 18 and 21 changed it so that they became more accessible. Trials in the proper language of the accused, either French or English, would be improved by this bill.

I might add, as an aside, that the translation of documents would be ameliorated certainly by these amendments and we are all in favour of that.

I guess where the rubber hits the road is what to do with the amendments presented by the Senate. My friend, the parliamentary secretary, discussed at length some of the amendments, and I want to counter on the two on which we might have a more elaborate discussion.

We know that this bill is aimed at modernizing our criminal justice system and making it more effective. That goes without saying. My party had indicated that it would support the passage of this bill when it was first introduced before prorogation. It was the bill that I mentioned earlier, Bill C-23.

In the context of this modernization, it is important that the rights of all Canadians be respected with regard to the use of official languages in court proceedings.

Canadians, particularly those in minority language situations, know they have certain rights under the Criminal Code, but it is the federal government's responsibility, and I suggest our responsibility as lawmakers, to ensure the application of those rights is clear and that the judicial process is not delayed.

The way the government presented its view of language rights in Bill C-13, a justice of the peace or court judge would only be charged with finding some way to ensure that accused persons are informed of their language rights. That is really not enough.

One of the amendments that we proposed should be supported. We are in argument with the government on this, at least according to the parliamentary secretary's speech. It is important to say from the outset that the judge already has a duty to advise the accused of his or her rights. The language says that the judge must ensure that the accused knows of this option.

I have witnessed many first appearances and I am very confident in the ability of our judges to advise accused persons of their rights. It is commonly done throughout the province of New Brunswick and in any federally appointed court system where official languages are important.

The amendment proposed by the Senate would ensure that the federal government takes on its responsibilities through its agents to inform any accused persons of their right to proceed in the official language they understand. The Senate amendment simply takes out any potential middleman in the administration of justice. The judge would inform the accused of his or her rights.

I do not think that it is an undue burden for a judge. If there is clear communication during court proceedings, we are simply providing for clear access to justice for all those involved. It falls in line with our democratic society's pledge to have an expedient judicial process and it takes out the aspect of appeal.

I think the government wants efficacious legislation but I cannot be sure sometimes because some of the legislation it presents is so poorly written and so hastily delivered, only for the purpose of a television spot on the news, it is not always clear. In this case, however, if the government would only support this Senate amendment, it could have efficacious and fair language policy through the Criminal Code.

Sadly, the other Senate amendment respecting the reporting on official language requests is not one that the opposition can support. We cannot agree with it because it would require the Minister of Justice to report on the language of proceeding or testimony in criminal matters across this country.

There can be no way that all attorneys general in all provinces and in all territories would have the means to uniformly report on this. As the parliamentary secretary rightly commented, it is not the minister's mandate. In saying this, I do not mean that the Minister of Justice is not competent. I mean that he is not competent in the law to do such reporting. For that reason, we support the government in its opposition to that Senate amendment.

I understand the Senate's concern with ensuring that there is accountability in respecting language rights but we can surely do a more effective job in ensuring this by using the other resources that are in the community.

I know well-known jurists and hard-working jurists in my own province.

They are Sacha D. Morisset and Christian Michaud, who are both members of the Association des juristes d'expression française du Nouveau-Brunswick. They often highlight the statistics with regard to French language trials in our province. If it can be done in New Brunswick, I am sure it can be done in Canada.

Again, we do not support that Senate amendment.

In short, we are very happy to get moving with this important legislation. We are happy the Senate took the time to improve the bill by suggesting that judges, who are the gatekeepers in our system, have the duty to inform an accused of his or her rights respecting language in this country.

It is bedrock in this community and this country that we offer services in both languages with respect, at least, to the Criminal Code of Canada and the criminal justice system.

On this one amendment from the Senate, I urge members of the government to agree with the Senate and with the Liberal Party and its justice team that it will make the situation with respect to the delivery of language rights in this instance a much better thing.

I am very proud to suggest that we support the bill and one of the amendments suggested by the Senate, which is one of the two that are excluded from the government's list in the final motion.

I want to move the following amendment. I move:

That the motion be amended by deleting the words “agrees with Amendments No. 2, 4, 5 and 6” and substituting therefore the words “agrees with Amendments No. 1, 2, 4, 5 and 6” and by deleting the paragraph commencing with the words “disagrees with Amendment No. 1”.

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Business of the HouseOral Questions

November 29th, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, this week's theme is getting the job done on justice and tax cuts. I am proud to say that our government got the job done on justice yesterday. The tackling violent crime act passed the House at third reading and the bill is now over at the Senate.

The government expects the Liberal dominated Senate to respect the will of this democratically elected House of Commons and quickly pass the bill, certainly before Christmas so Canadians can enter the new year safer and more secure in their neighbourhoods.

Today we will continue to get the job done on tax cuts by debating the budget implementation bill, which grants tax relief to all Canadians, especially by reducing the GST to 5%.

Next week will be economic certainty and prosperity week. Hopefully the budget bill will pass second reading this week so next week will begin with the Standing Committee on Finance considering it. The budget bill is an important part of our plan to provide economic certainty and prosperity for all Canadians.

The government hopes that the committee, once it receives the bill, will quickly review it and report it back to this House so it may proceed through the legislative process and receive royal assent before January 1, 2008. Canadians do not want to lose the reduction in the GST if parliamentarians fail to pass it into law before Christmas.

In this chamber next week we will continue to provide economic certainty and prosperity.

We will debate Bill C-23, to amend the Canada Marine Act, and Bill C-14, An Act to amend the Canada Post Corporation Act.

Both bills will help create jobs and a dynamic Canadian economy.

We will also debate Bill C-30, establishing an independent tribunal to which superior court judges will be appointed, to help resolve specific first nations claims.

This will deliver greater economic certainty for first nations and all Canadians.

We will also debate Bill C-29, which modernizes how loans are made to political parties, candidates and associations and how those loans are treated under the Canada Elections Act. This will create greater certainty by closing a loophole in our current campaign financing rules.

If time permits, we will debate our bill to strengthen the Youth Criminal Justice Act, Bill C-25.

Finally, in response to the question from the opposition House leader, Thursday, December 6 will be an allotted day provided that we have achieved early passage of the budget implementation bill and associated tax reductions.

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Tackling Violent Crime ActGovernment Orders

November 26th, 2007 / noon


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, it is my pleasure, at report stage of Bill C-2, to deliver some comments to the omnibus crime bill.

I have had the experience of serving on the Standing Committee on Justice and Human Rights and also the legislative committees that were involved with the former Bills C-10, C-22, C-27, C-32, C-35 and C-23, which is not part of the omnibus bill.

I speak with experience at least with respect to the bills and I understand how we came to be here today to speak about what the bill contains. A lot of discussion took place in the debates of the House and in committee with respect to the direction we should take with respect to our criminal justice.

It is important for us, as parliamentarians, to consider what we do when we amend the Criminal Code and its corollary acts. We are dealing with the Criminal Code. It is an organic document. It changes with the times. It is copied and exemplified by one of Canada's justice ministers and prime ministers, Sir John Thompson, from eastern Canada. It has certainly changed with the times as has our society.

In the 1890s the crimes that were top priority might have been things like cattle and horse theft, murder and some common ones. However, with the changing times, we have seen a proliferation of gang related violence, e-crimes, things that would not have existed at the turn of the century.

The point of raising that is as our society changes and the code changes, we owe it to this place, to the committees, to the law enforcement official, which include prosecutors, policemen, probation workers, corrections officers, people in the correction system and judges, quite a fraternity of people involved in the criminal justice system, to say that we looked at these various laws. We looked at how Canada was changing and at the end, we did the very best we could to keep track of what tools would be best to tackle the new problems that exist in society. It is not as if we are inventing new aspects of law. Many of these bills represent an evolution or a progression of laws that already exist.

Just briefly on the guts of the bill, if you like, Mr. Speaker, Bill C-10, which is now part of C-2, was of course dealing with the mandatory minimum provisions which were increased by the introduction of this bill, but they were not increased as much as the government had wanted them to be originally.

I would like to thank the hon. member for Windsor—Tecumseh and the opposition Bloc Québécois critic on the committee as well as the Liberal members on the committee who fought very hard to have some sense reign over the debate with respect to the evidence that was adduced at the committee hearings regarding the efficacy of mandatory minimums in general.

A review is in order. Mandatory minimums existed before the Conservative government was elected. Mandatory minimums were in place for serious crimes with the known aspect of repeat offenders and with some hope, which studies will show one way or the other, that there might be a deterrent and a safety to the public aspect of mandatory minimums.

At least on this side we joined with the Conservatives who, I would say, were very sparse in their acknowledgement that mandatory minimums existed before they came into office, but we joined with them and said that these are good tools for the law enforcement agencies and good tools in the realm of criminal justice.

It is a matter always of how far we go. How far do we go in disciplining our children? Do we take away their favourite toy? Do we ban them from seeing their friends for two weeks? Are we less severe or more severe? Many of us are parents and we deal with this every day. It is our form of the justice system that rules in our own house.

With respect to mandatory minimums, it is a question of calibrating to what extent the mandatory minimums are useful, to what extent do they work, and to what extend should they be increased, if at all.

During the debate process we were very successful in getting the government to get off its basic premise, which is if it is good for the six o'clock news and sounds robust, steady and law and orderish, then it has to be good in the Criminal Code. That is where the slip from the cup to the lip occurred, where it was obvious 90% of the witnesses were saying that the severe mandatory minimums that the government side were proposing would be inefficacious.

We can be as tough as we want, but if it does not work, if it does not make society safer, then we have not posited a good solution to the problems that face our community, and that was the case when we looked at mandatory minimums.

The happy medium that exists in Bill C-2 I think will be borne out, but it is very important to remember that this is an organic process and we could be back here some day soon, perhaps, looking at mandatory minimums in general.

How more timely could it be than in today's Ottawa Citizen, a report called “Unlocking America” is reviewed. In this report, it makes it very clear that the mandatory minimums, one of the many tools used by the American government from the 1970s on when it was felt that the rise in criminal activity was abhorrent, was not as effective as the Americans would have hope it would have been. It left the United States with 2.2 million people behind bars, more than China. The nine authors, leading U.S. criminologists, said that they were convinced that they needed a different strategy.

I am happy to report that as a result of the efforts of the NDP, Bloc and the Liberal Party in general at committee, we did not go as far as the Conservative government wanted to, which was close to where the United States had been which now New York State and New York City admits, is ineffective.

The three effects of imprisonment, and emphasis only on imprisonment, at the cost of crime prevention dollars, if you like, Mr. Speaker, is that the heavy, excessive incarceration hits minorities very hard. In the United States, 60% of the prison population is made up of Blacks and Latinos.

We heard evidence at our committee that there is a preponderance, an over-exaggerated percentage, of first nations and aboriginal people in our jail system, according to their population, which is deplorable. It is overwhelming and undisputed that the negative side effects of incarceration outweigh the potential. That is the two bits on Bill C-10,

On the other bill, Bill C-22, the close in age exemption, was never brought up. Despite all the rhetoric from the government, nothing would save Bill C-22. The issue of sexual consent being given by a person of tender years has never been put forward by any member of the opposition while the Liberal Party was in power.

The close in age exemption was never put in there, so for members of the opposite side to say that finally we dealt with the issue of sexual exploitation of 14 year olds is simply not accurate. The close in age exemption, five years between a person of the age specified, will save many relationships that should not be criminalized.

Lastly, I noted that Bill C-23 was not included in Bill C-2. I have to wonder why.

I live in Acadia. And Bill C-23 included many improvements with respect to choosing the first language of prosecutors during a trial. French is the language spoken by most people in my province. That element was very important to us in Acadia, but the government overlooked this fact.

Why did the government turn its back on the francophone people of New Brunswick in this country?

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