An Act to amend the Tobacco Act

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Leona Aglukkaq  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 Tobacco Act to provide additional protection for youth from tobacco marketing. It repeals the exception that permits tobacco advertising in publications with an adult readership of not less than 85%. It prohibits the packaging, importation for sale, distribution and sale of little cigars and blunt wraps unless they are in a package that contains at least 20 little cigars or blunt wraps. It also prohibits the manufacture and sale of cigarettes, little cigars and blunt wraps that contain the additives set out in a new schedule to that Act, as well as the packaging of those products in a manner that suggests that they contain a prohibited additive. It also prohibits the manufacture and sale of tobacco products unless all of the required information about their composition is submitted to the Minister.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-32s:

C-32 (2022) Law Fall Economic Statement Implementation Act, 2022
C-32 (2021) An Act for the Substantive Equality of French and English and the Strengthening of the Official Languages Act
C-32 (2016) An Act related to the repeal of section 159 of the Criminal Code
C-32 (2014) Law Victims Bill of Rights Act

Tobacco ActRoutine Proceedings

June 20th, 2012 / 3:20 p.m.


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NDP

Megan Leslie NDP Halifax, NS

moved for leave to introduce Bill C-438, An Act to amend the Tobacco Act (smokeless tobacco and little cigars).

Mr. Speaker, two and a half years ago members of this place passed Bill C-32. That bill was intended to ban flavoured cigarillos because the evidence was clear that young Canadians were consuming these products as a stepping stone to using non-flavoured tobacco products. But Bill C-32 contained a giant loophole that has allowed flavoured cigarillos in a modified form to continue to be sold, something the government has been aware of since the summer of 2010 but failed to take action to correct.

Sadly, the government has also not fulfilled its 2010 promise to ban all forms of flavoured smokeless tobacco, like flavoured chew, in recognition that those products are used disproportionately by Canada's youth.

This lack of action means that I am here again to re-table my bill, which would amend the Tobacco Act to correct both of these issues.

I am honoured that the member for Beaches—East York has stepped up to second the bill.

I urge the government to listen to the experts working on the front lines to protect the health of Canada's youth and adopt the bill as soon as possible.

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

Tobacco ActRoutine Proceedings

March 7th, 2011 / 3:10 p.m.


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NDP

Megan Leslie NDP Halifax, NS

moved for leave to introduce Bill C-631, An Act to amend the Tobacco Act (smokeless tobacco and little cigars).

Mr. Speaker, health experts agree that flavoured tobacco products are consumed by young Canadians as a stepping stone to consuming non-flavoured tobacco products. By banning flavoured tobaccos, we will help reduce smoking rates in Canada.

Bill C-32, which amended the Tobacco Act and came into force in October 2009, was supposed to ban flavoured cigarillos. However, we learned last year that tobacco manufacturers found a loophole in the definitions that allowed them to continue selling flavoured cigarillos.

The bill I am tabling today would close that loophole. The bill would also ban all forms of flavoured smokeless tobacco, something that government officials promised to do by June 2010. They did not fulfill that promise and this bill would fill that legislative gap.

I would like to thank my New Democrat health critic predecessor, Judy Wasylycia-Leis, for her significant efforts to have flavoured tobacco banned in Canada and the work that led to the passage of Bill C-32. While she is no longer a member of Parliament, her legacy of good work remains a testament to her time in office.

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

Tobacco ProductsOral Questions

November 18th, 2010 / 3 p.m.


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Nunavut Nunavut

Conservative

Leona Aglukkaq ConservativeMinister of Health

Mr. Speaker, in Canada we have had labels on our tobacco packages since 2001. Our government is committed to protecting the health and safety of Canadian children from the damages of tobacco. We are proud of Bill C-32, the Tobacco Act, which bans flavours that would appeal to children, sets minimum package size and bans all tobacco as it would be viewed by youth.

We will continue to enforce violations of this legislation and are encouraged by the results of the recent tobacco survey that shows that fewer young Canadians are smoking.

Aboriginal AffairsOral Questions

June 9th, 2010 / 2:55 p.m.


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Nunavut Nunavut

Conservative

Leona Aglukkaq ConservativeMinister of Health

Mr. Speaker, our government is committed to the health and safety of Canadians. As a minister from the north, I know full well the impact of tuberculosis in our communities.

Our government has almost doubled the spending on the prevention and treatment of tuberculosis in our aboriginal communities. We continue to support health care in the provinces and territories by increasing the transfer payments by 6% this year as well.

The approach we are taking is broader than prevention. We are also investing in housing, nutritious food, clean water, poverty. Bill C-32, the tobacco legislation--

Jobs and Economic Growth ActGovernment Orders

April 15th, 2010 / 10:35 a.m.


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Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Mr. Speaker, if I have the unanimous consent of my colleagues, I want to take a bit more time. I will not repeat what I said last Tuesday evening at 5:25. I will continue my speech, but if I have additional time at the end, I will be able to say more about various aspects of BillC-9.

I listened very attentively to the point of order raised by the House Leader of the Bloc Québécois, who pointed out once again all that should be done to ensure that Quebec’s constitutional prerogatives are respected here in the House.

Yesterday, the hon. member for Saint-Lambert and the hon. member for Hochelaga jointly introduced a bill that would eliminate the federal spending power to ensure that the jurisdictions of Quebec and the provinces are respected. With Bill C-9, the federal government is again infringing on the exclusive jurisdictions of Quebec and the provinces.

As our health critic, I am not surprised. At the Standing Committee on Health, hon. members in federalist parties ask certain questions to enhance the federal government’s role in health care, even though this is an exclusive jurisdiction of Quebec and the provinces.

Some people will say, of course, that when it comes to health care, this is a good thing because it is supposed to help people, cure them and improve their lives. But that is not the point. We should not be asking whether particular measures are wanted or desirable, but whether it is up to the federal government to concern itself with them. My colleagues will have to agree with me that this is clearly not the federal government’s role.

In part 22 of Bill C-9 on payments out of the consolidated revenue fund, we see that millions of dollars will be paid to a foundation, a not-for-profit organization, to heal injuries. The question is not whether this should be done, but whether it is the federal government’s job to do it. When it comes to health care, we want the federal government to forward all the available money to Quebec and the provinces, which are most able to make wise choices in view of the needs of the people they represent.

We worry when we see the federal government once again disregarding the exclusive jurisdictions of Quebec and the provinces and insidiously encroaching on the jurisdiction of health.

And when we listen to the leader of the Liberal Party, their ideas are no better. They want to implement Canada-wide strategies to block the initiatives that might be introduced by the Government of Quebec.

Part 2 of Bill C-9 implements an enhanced stamping regime for tobacco products. As the health critic, I am pleased to see that measures are being introduced to block measures to increase tobacco product consumption. We were in complete agreement with the government when it introduced Bill C-32 to eliminate flavoured tobacco products and cigarillos. We invite the government to continue down that path and adopt the regulations related to Bill C-32.

As far as stamping tobacco products is concerned, the government has listened to the Bloc Québécois' proposal to implement this marking system, but again, it is not nearly enough.

The government needs to take firm action to block the illegal activities of tobacco smugglers because the measures announced are largely inadequate. In the Bloc Québécois, my colleague responsible for public safety, my colleague responsible for justice, and I are calling on this government to take serious action to stop the growth in smuggling and even eliminate it altogether because if we do not want our youth to have access to cheap tobacco products then we have to address this problem head on.

I will now list a series of measures the Bloc Québécois wants to see the government put forward. It is aware of these measures since we have already talked about them in this House, but I would like to go over them again at this stage since, in part 2 of Bill C-9, the government is introducing a measure that is interesting, but falls far short of what is needed.

My time is up, so this will have to wait, but if the Minister of Public Safety or the Minister of Health would like to hear what I have to say about this, I invite them to contact me directly and I would be pleased to share my thoughts on this with the House another time.

World TB DayStatements By Members

March 24th, 2010 / 2:10 p.m.


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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I rise today to commemorate World Tuberculosis Day. We have a government-wide approach to this issue. From a health perspective, we recently passed Bill C-32, a bill that would curb smoking, particularly with our youth.

Healthy eating is an area that is vital to the prevention of this disease. Our initiative regarding healthy foods will encourage better eating habits, particularly in northern communities. This will keep tuberculosis at lower levels.

Our government has invested almost $10 million already this year in aboriginal communities. Housing, poverty and clean water are priorities for our government. We are continuing to enhance clean drinking water monitoring in first nations communities while monitoring waterborne illness threats on reserve.

I would like to commend the doctors, nurses, researchers and community workers in Canada and abroad who are involved in the global fight against tuberculosis.

Criminal CodeGovernment Orders

November 24th, 2009 / 12:40 p.m.


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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Madam Speaker, in my career as a criminal lawyer, my most important client was always the one in front of me, whom I had to defend before the court. It is worth repeating: justice issues are very important. I do not mean to denigrate the work of other members, because I respect what they do, but this work is very important because it gives people their freedom. We must give this the attention it deserves.

As a parliamentarian and a lawyer, when someone forgets—I was going to use another word, but I will avoid it so as to avoid a point of order—deliberately or not, to hand over documents or to give us the information we need to make decisions, I take exception to that. In fact, I think I should take exception more often.

Bills C-52, C-42, C-36, C-31 and C-32 need to be studied immediately. Should they be studied quickly? No, we will take our time and give them the careful consideration they deserve, as we should and as we are expected to do. Then we will see.

For now, the issue that concerns me is Bill C-36. In my opinion, we must take time to give it the consideration it deserves. The Conservatives must stop forgetting to give us the documents needed to study this bill.

Flavour Gone CampaignStatements By Members

October 28th, 2009 / 2:10 p.m.


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Conservative

Greg Rickford Conservative Kenora, ON

Mr. Speaker, this government delivered on its promise with the royal assent of Bill C-32, criminalizing the manufacturing and retail of sweet additives to all tobacco products.

Bill C-32 is about our youth. The youth-led Flavour Gone campaign was the real champion behind this bill as flavoured tobacco is widely viewed as a major reason kids get hooked on tobacco. Constituents from the great Kenora riding played a key role in the Flavour Gone campaign.

Sam McKibbon and Caitlin Bousfield from Dryden and peer leader Catherine Kiewning from Red Lake were instrumental in raising national awareness, including by testifying at the health committee, that it was time to butt out flavoured tobacco products.

I puffed on Popeye candy cigarettes as a child, and still today one can buy gum and candy in packages that resemble those of tobacco products. There is still more work to be done, but Bill C-32 is a major step forward. We applaud Canada's youth, who made tobacco companies' plans for sweet-flavoured tobacco go up in smoke.

Technical Assistance for Law Enforcement in the 21st Century ActGovernment Orders

October 27th, 2009 / 3:55 p.m.


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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Mr. Speaker, I am pleased to speak again on this matter.

Before I came to this House, I was a member of the Durham Regional Police Services Board. When I was there, I had the opportunity obviously on a regular basis to talk with officers around the changing technologies and the fact that our laws simply had not kept pace. People were committing fraud online or hiding behind anonymity on Internet service providers and performing serious crimes, and the police simply could not follow them.

I was first elected in 2004 and when I came to Parliament, I was pleased to support the work of the then Liberal government to create what was the modernization of investigative techniques act. That bill which was introduced in 2005 is ostensibly what is before the House today in both bills, Bill C-46 and Bill C-47, which is now being debated. Unfortunately, in 2005 the Conservatives precipitated an election and that killed the bill.

The member for Notre-Dame-de-Grâce—Lachine then reintroduced that as a private member's bill in the next session and again that bill was killed when the Prime Minister walked to the Governor General's office and then killed that legislation.

In this session of Parliament that same Liberal member of Parliament introduced that Liberal legislation yet again. We had to wait until the end of the last session before the Conservatives finally introduced it.

As I said, just before we began question period, it is a little rich to me that the Conservatives would be going on about the imperative need to pass the bill and how much it is needed for police and how critical it is when they in fact have had four years to introduce it and are the ones responsible for killing it in various stages at various moments in time.

When they finally did introduce it, they introduced it in the last week the House was sitting before summer when there was no opportunity to debate it, there was no opportunity to move it forward. Now, it has been left until the end of October before we are finally dealing with the bill.

It shows that the Conservatives' commitment to the bill is fragile at best. In fact, we have seen what they do on criminal justice matters. They introduce bills and let them languish on the order paper. Then they wait for a scandal or a problem to hit and then they seek refuge in those same crime bills, suddenly bringing them back with great urgency saying they need to be dealt with immediately and any opposition party that dares to ask a question on them is somehow soft on crime.

The facts do not measure up. The facts are that they have allowed these things to languish for years and something that should have been dealt with, the Liberal legislation that was introduced so long ago, has meant that those people are committing online fraud and the police officers who need those additional investigative techniques and tools have been left without them as the government has completely failed them.

I think it is important to note as well that this is not the only area where we have seen this problem with the government. I spoke a great deal yesterday about the importance of these new investigative techniques for police. My intention is not today to repeat all of those comments but to make a comment more generally on the direction the Conservatives are heading on crime.

Today, in the public safety and national security committee we had a couple of different witnesses. One of the witnesses was Dr. Craig Jones who is the executive director of the John Howard Society of Canada. His insights into the direction in which the government is heading on crime I think is very telling. I will quote from his comments today. He said at the beginning of his statement:

My second audience is the future. I suffer no illusions that I will be able to alter the course of this government’s crime agenda--which legislative components contradict evidence, logic, effectiveness, justice and humanity. The government has repeatedly signalled that its crime agenda will not be influenced by evidence of what does and does not actually reduce crime and create safer communities.

What we heard as well from Mr. Stewart along with Michael Jackson, who wrote a report about the government's broken direction on corrections and crime, is that we are walking down the same road that the Americans embarked on in the early 1980s, when Republicans came forward and presented the same type of one-type solution for crime, which is incarceration, more incarceration and only incarceration.

If we did not have that example and the example that was in the United Kingdom, perhaps the Conservatives would be forgiven for thinking that would work. The reality of the United States is that this is a catastrophic disaster. In fact, the governor of California is now saying the state is being crushed under the weight of the mistake of these decisions, that the prisons are literally overflowing. The supreme court of California had to release thousands of offenders into the streets because the prisons simply had no room for them.

We also see that these prisons become crime factories. Minor criminals go in often for drug-related crimes, break and enters or smaller but still serious crimes, but instead of getting help for the addiction or mental health issues they face, they get sent into prison environments where they learn to be much worse criminals. We could make the analogy of putting in a butter knife and getting out a machine gun.

In fact, in committee today the director of the John Howard Society quoted an individual who deals with aboriginal inmates and said that our prison systems are turning into “gladiator schools”. He stated:

So our federal prisons have become “gladiator schools” where we train young men in the art of extreme violence or where we warehouse mentally ill people. All of this was foreseeable by anyone who cared to examine the historical experience of alcohol prohibition, but since we refuse to learn from history we are condemned to repeat it.

Everyone can imagine that as we continually overpopulate these prisons and do not provide the services to rehabilitate people, it has to come out somewhere. Where it comes out is in a system that continually degenerates.

In California the rate of recidivism, the rate at which people reoffend, is now 70%. Imagine that, 7 out of every 10 criminals who go into that system come out and reoffend, and those offences are often more serious than the ones they went in for first. In other words, people are going into the system and then coming out much worse.

We have to remember that even when we increase sentences, over 90% of offenders will get out. We can extend the length of time they are staying in there, but at a certain time they are going to get out, and it is the concern of anybody who wants a safe country or community that when people come out of these facilities, they come out ready to be reintegrated, to contribute to society and not reoffend.

The other fundamental problem with the Conservative approach to crime is that it waits for victims. Conservatives think the only way to deal with crime is to wait until somebody has been victimized and a crime has occurred, and then to punish the person.

Of course, we believe in serious sentences. We have to have serious sentences for serious crimes, but that is not nearly enough. If it were enough, if simply having tough sentences were enough to stop crime, then places like Detroit, Houston and Los Angeles would be the safest cities in North America. We know that is certainly not the case.

What the Conservatives are doing is slashing crime prevention budgets. Actual spending in crime prevention has been slashed by more than 50% since the Conservatives came into power. They have cut programs.

I have gone to communities like Summerside and talked to the Boys and Girls Clubs or the Salvation Army in different communities. They said they have either lost funding for community projects to help youth at risk or, instead of being given the power to decide how to stop crime in their own communities, they are prescribed solutions from on high in Ottawa, which is disconnected and often does not work in those local communities.

The net result is that the community, which has the greatest capacity to stop crime, has its ability removed of stopping that crime from happening in the first place, which means even more people go to these prisons, continually feeding this factory of crime the Conservatives are marching forward with.

When we look at the costs of all of this, not only does it not provide a benefit, not only does it make our communities less safe, as has been proven in the United States, but there is a staggering cost to these policies. Pursuing a failed Republican agenda on crime that not even the Republicans would subscribe to any more in most states and most quarters in the United States comes with a staggering cost.

The Conservatives are refusing to release those figures. The minister has been refusing to tell us what exactly the price tag is for all of these measures they are putting on the table. That is why I have asked the Parliamentary Budget Officer to take a look at all of these measures and their approach on crime, and tell us just what the cost is.

That bears some important questions to be asked. Where are the Conservatives going to get the money to build these new super prisons that they are talking about? Where are they going to get the money to house all of these additional inmates? Presumably, they would provide programs and services to make these inmates better. Where is that money going to come from?

If the example in the United States is any evidence, or if the example of the Conservatives' own action in slashing crime prevention budgets is any example, then we know that they will cut from the very things that stop crime from happening in the first place. Imagine the irony of that. To pay for prisons, they are going to cut the very things that stop people from going to prison. It is a backward philosophy under any logic. Upon examination of more than a minute or two, one would recognize that it is a recipe for disaster.

If that were not bad enough, and I think that it speaks directly to this bill, the Conservatives have also betrayed police. I have talked with the Canadian Police Association about the government's commitment to put 2,500 new officers on the street. That association has called that broken promise a betrayal. However, we also know that, with respect to the RCMP, the Prime Minister went out to Vancouver where he made a solemn commitment to RCMP officers that they would get the same wage as other police officers and that they would receive parity with other police officers.

Right after making that promise and signing a contract, he ripped that contract up and broke the promise. Worse, as if that was not enough of an insult to the men and women who are our national police force, the government then challenged in court the right of RCMP officers to have the choice of whether or not they wanted to have collective bargaining. The government decided to challenge a right that is enjoyed by every other police force in the country.

At the same time, the government has ignored call after call by public inquiry after public inquiry for proper and adequate oversight. The reports and conclusions of Justice Iacobucci and Justice O'Connor made it clear that new oversight mechanisms were critical to ensure that public confidence remained in our national security institutions and our national police force, yet the government ignored it. In this example, it ignored for four years Liberal legislation that had been put forward to give officers the tools that they needed to do the job of keeping our communities safe.

In all of this, the government's response is to skew the Liberal record and be dishonest about what exactly Liberals have done on crime. Here is an inconvenient fact that it does not like to talk about. For every year the Liberal government was in power, crime rates went down. Every single year that we were in power, Canada became a safer place. The communities were safer and that is because we took a balanced approach to crime.

However, the government also says that we have blocked its crime bills. That is incredibly disingenuous. Here is the reality. Maybe I will go over a couple of bills just from this session. These are bills that the Liberal Patry not only supported but moved to accelerate and tried to find a way to get passed as expediently as possible in the House.

The government caused an election, so it killed all of its own bill. When it brought back Bill C-2, it included Bill C-10, Bill C-32, Bill C-35, Bill C-27 and Bill C-22, all of which we supported. We supported and looked to accelerate Bill C-14, Bill C-15, Bill C-25 and C-26.

That is the record of Liberals in this session of Parliament on crime, not to mention the Liberal record of reducing crime every year that we were in office previously.

Today I was doing an Atlantic radio talk show with a Conservative member of Parliament who ascribed the motive to the Liberal Party that we did not care about crime, that we are soft on criminals, and that we like to let people get away with things. I will say one thing about the Conservatives. I think that they believe what they say. I think that they honestly believe that these policies will work, even though they have failed. Even though Republicans have tried them and they have been utter disasters, I do believe that the Conservatives think they will work.

However, to ascribe motive to this side of the House and to say that we somehow care less about the safety of our communities is disingenuous. To say that I care less about the safety of my children, family or community is unacceptable. This debate needs to be about who has the best approach to crime.

I would suggest that we have the best approach to stop crime before it happens, to build safe communities, to ensure we strike the right balance between being tough on those who commit serious crimes, but, most important, working with every ounce of our bodies to ensure those who begin to turn down dark paths have people who step in and intervene to ensure they do not commit those crimes in the first place. That is the type of approach we advocate on crime and it is one that I am proud of.

Investigative Powers for the 21st Century ActGovernment Orders

October 26th, 2009 / 4:25 p.m.


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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Madam Speaker, I find that comment by the member opposite very curious. I will start my comments by saying that I think he has forgotten who caused the last election. It was in fact the Prime Minister who walked over to the Governor General's residence and precipitated the last election, therefore killing every bill on the order paper, including a bill dealing with this very matter which was introduced by the Liberal member for Notre-Dame-de-Grâce—Lachine. I find the member's comment curious that he is blaming the frequency of elections, every single one of which the Conservatives precipitated in the last two instances, and using that as an excuse for why this was not adopted.

A point that bears mentioning is that in 2005 the Liberal Party introduced the modernization of investigative techniques act, which is essentially the same bill that we are working with here today. With very minor modifications, it is essentially the same legislation, so why would it take four years essentially to deal with the same bill that we had written so many years ago?

The member talked about things like voice over Internet protocol in terms of changes to Internet service provisions. All of those things were present four years ago when that work was done, yet the government refused to introduce it. Even recently, when this was brought back, the decision that was made by the government was to bring it in at the end of the last session. It was in the last week immediately leading up to the summer recess when suddenly this was a priority put on the order paper. It languished there for months and months and now the government is bringing it back. And the Conservatives have the audacity to try to talk about us delaying bills. The Conservatives themselves have had their crime bills sitting on the order paper, not only for months but in some instances for years, only to bring them back when they are a hit politically.

What they do is when there is a scandal, the most recent one being the cheque scandal, they decide to resurrect their crime bills that they have been ignoring for months on end. Suddenly it is an imperative national priority to deal with whatever particular crime bill they put on the table at that particular moment, when we all know that the real objective is to change the political channel away from whatever political troubles they are having. In this particular instance, it is the cheque fiasco. As this bill has been ignored and ignored and left to languish and we have been calling again and again for it to be dealt with, we can know that is essentially what their strategy is.

Now they have come to this bill and said that it is important to deal with it but only after we have been pushing for it for four years. I hope something does not distract them and we do not find this bill suddenly being lost yet again.

It is important to mention that the bill we have been advocating for the last four years is badly needed by police. Technology has changed and evolved in many different ways. While criminals have evolved with it, our legislation simply has not. For the last number of years while the Conservatives have been sitting on this, whether the criminals are involved in cyber fraud or are using technology like BlackBerries in the commission of crimes, to which the police cannot get access, the criminals have had a huge advantage against the law enforcement agencies.

One of the areas in which they have had a great advantage is in their anonymity. People are able to do things on line and police are not able to uncover who exactly they are, even if they know they are committing acts of a criminal nature. Police have been calling on us for years to change that and only now are the Conservatives bringing something forward to do something about it.

I have had many conversations with police, not just about things that were mentioned by the hon. member, but about other things, such as child pornography. Obviously child pornography is a deep concern and we want to root that out and give police every tool to be able to go after those individuals. I have also spoken with the police about instances where a criminal is known to have a particular phone and his whereabouts cannot be ascertained. The police want to be able to use the GPS tracking device in that device in order to figure out where the individual is. The current laws do not allow the police to do that.

I was talking to the chief of police in Calgary who was expressing deep frustration at the number of dial-a-dope operations. Individuals are using cell phones almost like a pizza service to deliver drugs to people's doors. When the police find these cell phones they are unable to access them because of the encryption software. The maker of the device is under no obligation to help open it up to reveal all of the phone numbers and the client base. It is a crime that is almost impossible to catch someone doing because it is locked behind that wall of encryption. That has been going on for years and the Conservatives have been refusing to give the police the tools they need to deal with it, even though solutions are present.

At the same time, it is important to mention that one of the things we are going to have to look at and study in committee is to ensure that there is balance. A number of people have expressed concerns that a law of this nature could be misused to allow access into people's searching history and people's personal messages or could be used maliciously by somebody to gain access to people's Internet search records and history. We have to ensure that balance exists. We have to protect individual rights to protect people's freedom to do what they want without somebody being able to go through willy-nilly, without warrant, their information. At the same time, we have to provide police with the opportunities to chase those individuals who we have reasonable grounds to believe have committed a crime.

It is worth mentioning as we talk about this bill, that the Conservative approach to crime is, I think, in general, disingenuous. We listened all day today to speeches by members about how the Liberal Party had held up a variety of bills. Of course, factually, that is entirely incorrect.

If we were to talk about the Liberal Party record in this session of Parliament in terms of bills that we have supported and helped to accelerate, I can list the following: Bill C-2, which was an omnibus bill which included provisions from Bill C-10, Bill C-32, Bill C-35, Bill C-27, and Bill C-22; Bill C-14; Bill C-15; Bill C-25; and Bill C-26. It is important to mention that in every instance we tried to get those bills accelerated and pushed forward.

That does not stop the Conservatives from talking about other parties holding up their crime bills. The problem is the facts do not match their rhetoric. In this specific instance and many others, the reality is the exact opposite of what they have said. In many instances, the Conservative crime bills have been languishing on the order paper, forgotten. They are sitting there waiting to be implemented. The Conservatives are not waiting for the right time for the public interest, not waiting for the right time to ensure there is adequate information to get the bills passed, but they are waiting for the right political moment to put the bills forward to try to turn the political channel.

If that were not bad enough, the other reality is that they are fundamentally letting down the Canadian public by only offering one solution to crime, and that solution invariably is to lock up people.

I do not have any problem with the notion of tough sentences. We have to have harsh, stiff sentences for people who commit serious crimes. However, if tough sentences were the only answer, then places like Houston, Dallas, Los Angeles, and Detroit would be some of the safest cities in North America. In fact, we know the opposite to be true.

The reality is that places with the stiffest sentences are more often than not some of the most dangerous cities in North America. Why? The Americans are being crushed under the weight of their own correctional system. They are literally in a position where there are so many people pouring into the prisons that they cannot possibly keep up with the costs of building all of the prisons, let alone the programs and services to ensure that people do not repeat offend. In fact, in California the situation has become so bad that its rate of recidivism is now 70%. They are creating crime factories. People go in for a minor crime and come out as a major criminal. It is like putting in a butter knife and getting out a machine gun.

That is the strategy the Conservatives are trying to bring here: a failed Republican strategy in dealing with crime that we know as a fact does not work. They are trying to apply it here to change the channel, to use it as a political game changer. If they are in trouble with the cheque fiasco, they talk about locking up people longer. If they are in trouble because a minister is caught in a fiscal indiscretion, they talk about locking people up longer. That is what they do.

I think most of them, I would hope most of them, realize that it is a disastrous strategy, that it leads to less safe communities, that it leads to billions of dollars in additional costs, and that it is exactly following down the road that even Republican governors say was a huge mistake to walk down. If anyone doubts that, I will point quickly to what has happened specifically with incarceration in the United States compared with Canada.

In 1981, before the United States began a similar agenda on which the Conservatives are now embarking, locking people up longer and longer, the gap between the rate of incarceration in Canada and the U.S. was much narrower. In Canada, 91 per 100,000 people were incarcerated, while the figure in the United States was 243 for every 100,000 people.

By 2001, Canada's rate had grown only slightly in terms of the number of people who were incarcerated, to 101 incarcerated for every 100,000 people, while in the United States that rate had soared to 689 for every 100,000, a rate almost 700% higher than that in Canada. In that same period of time, Canada and the U.S. had the same decline in their overall rate of crime. Imagine that.

The United States' rate of incarceration went up 500% over ours, and yet over that same period of time we had the identical reduction in the amount of crime. The only difference was that 500% more individuals were being incarcerated per 100,000 people, and it cost billions of dollars more.

In fact, if we continue to follow this model suggested by the Conservatives and we extrapolate to the same path that the Republicans took the United States, where they put them right to the brink, we are talking about roughly $9 billion a year in additional costs to have the same rate of incarceration.

As for the difference for public safety, well, unfortunately, I wish I could say it just kept it the same, that the only impact of that was the loss of $9 billion a year, but we all know that that $9 billion a year has to come from somewhere. We have already seen where the Conservatives' priorities are on crime. Let us take a look at the crime prevention budget.

Since 2005 the crime prevention budget has been slashed by more than 50%. That is actual spending. At the same time as they are increasing sentences and chasing after a failed Republican model, the Conservatives are slashing the money that is given to crime prevention. It is crazy. Anybody who would look at it objectively would say that this is a path to disaster, and yet that is exactly the road they have decided to head down.

There are opportunities here to be smarter on crime, to listen to police, to talk to them about what the real solutions are, to invest in prevention, to invest in making sure people turn down the right path instead of the wrong one. I had the opportunity to go around with the former chief of police in Regina and see a neighbourhood which is designated as one of the most dangerous in Canada. He was able to show me a home that had no septic system, no heat and where the child in that home was going to school hungry. That same child predictably, just scant years later, could be committing his or her first crime by starting to get involved in drugs.

For more than 60% of our inmates, addiction is the root cause of the problem and yet they do not get help. They get thrown into prison and forgotten about, and they come out worse because the core problem was never addressed. In this case it would be an addiction problem that sent them there. They go in for a minor crime, usually break and enter, and they have an addiction. They go into a system that is not providing them any rehabilitation services, and they come out and commit worse crimes. So goes the cycle. It is a constant cycle of things getting continually ever worse.

When we look at our prison system and we ask where these criminals come from, not often enough do we take a hard look at that. Imagine. Sixty per cent of those in prison face addiction issues. Over 10% face serious mental health issues. Not only are our prisons turning into crime factories, but the Conservatives are trying to use them as hospitals, by sending people with serious mental health issues into prisons. The prisons are so ill-equipped to deal with them that they are putting them in solitary confinement. They are often released directly from solitary confinement into the general population, only to reoffend again. Whether it is the facilities in St. John's, Grandview or different facilities across the country, we see this time and time again.

The reality here is we have a bill that has been called for by police for years. The government is only now finally bringing it forward, after its having been on the table since 2005. It is trying to use crime as a political game changer, misrepresenting what crime is really about and how to stop it, and at the same time it is taking us down a path that has been tried and failed before in the United States.

We need to do better than this. We need to be honest on crime and offer real solutions.

The Acting Speaker Denise Savoie

Order, please. I have the honour to inform the House that a communication has been received as follows: Rideau HallOttawaOctober 8, 2009Mr. Speaker:I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bill listed in the schedule to this letter on the 8th day of October, 2009 at 11:51 a.m.Yours sincerely,Sheila-Marie CookThe Secretary to the Governor General and Herald Chancellor

The schedule indicates the bill assented to was Bill C-32, An Act to amend the Tobacco Act.

Bill C-32Points of OrderOral Questions

October 5th, 2009 / 3:05 p.m.


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Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, on Friday, October 2, I responded to a question regarding Bill C-32, which is currently in the Senate. I said that Bill C-32 had passed the Senate with no amendments. I should have said that Bill C-32 had passed the Senate committee with no amendments.

The EconomyOral Questions

September 30th, 2009 / 2:25 p.m.


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Louis-Saint-Laurent Québec

Conservative

Josée Verner ConservativeMinister of Intergovernmental Affairs

As the Prime Minister mentioned, and in line with the government's position, Bill C-32 is a bill that seeks to protect our children. The objective has not changed.

Having said that, members from the Quebec City area are also concerned about the impact on Rothmans and we are confident that we will find a solution.

HealthCommittees of the HouseRoutine Proceedings

June 17th, 2009 / 3:35 p.m.


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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on Health in relation to Bill C-32, An Act to amend the Tobacco Act. The committee examined the bill and has decided to report it with amendments, and has ordered its reprint.

I wish to especially thank all members of the health committee for all their hard work, dedication and co-operation.

Canada Consumer Product Safety ActGovernment Orders

June 10th, 2009 / 4 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, the member brings forward a question that we heard several times during consultations in committee.

The bill works with ignition issues, as far as papers, with tobacco, but one of the things we learned in committee was that tobacco was governed under an entirely different act. It is a very unique product and because the government has a specific act for it, it was felt by the majority of committee members that it should be dealt with in this separate act.

The member may be aware of the co-operation we see in committee right now with An Act to amend the Tobacco Act, as far as banning tobacco products that are geared toward children. We had some great presentations yesterday. I think he would agree with me that we are moving forward in tobacco control. With the changes we are putting forward, this will again make Canada a leader in the world.

I look forward to the co-operation of the NDP, like the great co-operation of the critic in putting forth her ideas in improving the Tobacco Act.

Extension of Sitting HoursRoutine Proceedings

June 9th, 2009 / 10:10 a.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I would like to move the following motion. I move:

That, pursuant to Standing Order 27(1), except for Friday, June 12 and Friday, June 19, 2009, commencing on Wednesday, June 10, 2009 and concluding on Tuesday, June 23, 2009, the House shall continue to sit until 10 p.m.

Mr. Speaker, I want to begin by stating what might be obvious to folks who watch the proceedings of Parliament closely. By and large, I would have to say that this session of Parliament has been quite amicable and cooperative. I appreciate the efforts by the opposition to help the government get its agenda through Parliament.

As I recently said at a fundraising event for the Children's Bridge Foundation, I was reflecting on this place and reflected that this truly is the house of the common people. I also reflected on that word “common”. I thought that during the time of a minority Parliament, it is important for all of us to reflect on what we have in common: the things that we share as legislators regardless of our partisan differences. Regardless of what it is we want to see for Canada, I do believe very sincerely that all legislators and parliamentarians have the best interests of the country at heart.

I think that it is important that we try to work on those things that we have in common. I believe that there have been many instances in the last five or six months in this place when we have done that. I want to begin my remarks by commending the opposition for oftentimes trying to look beyond partisan differences, look to what we have in common, and actually accomplish things for the people of Canada.

While I am pleased with the progress that we have made thus far, not only as a government but as a Parliament working collectively, there is much more that we can accomplish for Canadians. As I have been saying about this cooperative atmosphere that is sometimes prevalent here, I think that some people who watch the daily proceedings of the House of Commons would actually dispute that.

If one were to watch the 45-minute question period every day, one might be surprised to hear me say that we actually work cooperatively and quite well together. While question period serves an important purpose and is the main focus for the media, no acts are amended, no new laws are created, and no funds for important programs are approved during that period of time.

Today, for example, there are 285 minutes dedicated for government legislation and 60 minutes for private members' business. Lots of time and effort goes into these minutes each day. More importantly, they can also be productive minutes. Thus far this session, our House has passed some 25 bills, including Bill C-33, which restores war veterans allowances to Allied veterans and their families. This required all-party consent and we all agreed that this was in the best interests of not only our veterans but the country.

Bill C-14, our bill to fight organized crime, is currently before committee in the other place. Bill C-29, the agricultural loans bill, will guarantee an estimated $1 billion in loans over the next five years to Canadian farm families and cooperatives. This is all important legislation that we worked together on to further it along the parliamentary agenda.

Our Standing Orders include a specific provision for the extension of sitting hours during the last two sitting weeks in June. In fact, I reflect on my 16 years in this place. It has often been a point of confusion when members, and especially rookie members, look at the calendar and see the last couple of weeks with asterisks beside the dates. They think that those weeks are disposable somehow, but they are not. They are that way because the government has the right to serve, without notice, the motion that I am moving today to extend hours and work into the evening.

At this point in my remarks, I also want to inject the fact that up until quite recently in parliamentary history, the House of Commons sat into the evening for debate almost every night. It has been a relatively new phenomenon that we do not have evening sittings. The only exceptions to that in the recent Parliaments have been for emergency debates or take note debates. Other than that, we do not usually sit in the evenings. It is quite a new phenomenon.

What I am moving today is not something unusual. These rules provide a mechanism to advance government business before members leave Ottawa to work in their constituencies over the summer.

We have a lot of important work to do before the House rises for the summer. After we subtract the three days for opposition supply days and the time for private members' business, we only have 33 hours and 45 minutes remaining to complete our government business before the House rises on the evening of June 23.

Extending the House sitting hours over the next two weeks would allow us to make progress on government bills, such as: Bill C-26, legislation to tackle property theft, which we expect to receive back from the justice committee this week; Bill C-34, the protecting victims from sexual offenders act, which would strengthen the national sex offender registry to provide the police with more effective tools to protect children from sexual predators; Bill C-35, the justice for victims of terrorism act; Bill C-36, which would repeal the faint hope clause in the Criminal Code so that criminals who commit first or second degree murder will no longer be able to apply for early parole; and Bill C-6, the consumer products safety bill, which was reported from committee yesterday. Adopting this bill would protect the health and safety of Canadians by allowing the recall of unsafe consumer products. I urge members to adopt that bill with the utmost speed when we call it for debate later this week.

Other bills we would like to make progress on include: Bill C-32, which cracks down on tobacco marketing aimed at youth, which received unanimous support at second reading and we hope that health committee can report the bill back shortly so that the House can consider its passage before the summer; and Bill C-23, the Colombia free trade bill.

While not unanimous, I am grateful for the support of most members opposite in enabling the House to pass Bill C-24, the Peru free trade bill. Both Bill C-24 and Bill C-23 would expand market access for Canadian companies at a difficult time. I inject that this is especially important to our farmers who will have new marketing opportunities open up for them because of these two free trade bills.

This is just some of the important work to be done on our government's commitments. It does not take into account additional new legislation that we continue to introduce every week.

I notice the justice minister is sitting here and nodding as I relay a number of justice bills. The Minister of Justice has been extremely active in bringing forward a succession of important justice reforms. This is one of the reasons that I ran for Parliament 16 years ago. I know many legislators on both sides of the House hold near and dear to their hearts the importance of protecting victims and their families and of reforming and changing the justice system in our country to ensure that criminals are held accountable for their actions.

My intent regarding this period of extension would be, and I have discussed this with the opposition House leaders and whips, to set a goal each day as to what we wanted to accomplish. When we accomplished that goal, we would adjourn for the day. Even though the motion says that we would sit until 10 o'clock Monday to Thursday, it may not be necessary to sit until 10. We could work co-operatively and collectively together. If we actually achieved our goals that day at 7 o'clock or 7:20 p.m., we would see the clock at 10 and the House would rise. I think that is reasonable.

I am asking for a simple management tool to maximize our progress with the weeks that are left, a little over two weeks. I am not asking for a shortcut. I am not asking to curtail debate. I am proposing that we work a little harder to get the job done. As I said, I believe I am making a reasonable approach of adjourning each day after we meet modest goals. All parties would agree to these goals. This is not a blank cheque. I cannot adjourn the House without support from the opposition, nor can I prevent an adjournment motion from being adopted without opposition support. The motion has co-operation built right into it.

Sitting late in June is part of the normal process, as I referred to earlier. It is one of the procedures required to make Parliament work and be more efficient. According to the Annotated Standing Orders of the House of Commons:

Although this Standing Order dates back only to 1982, it reflects a long-standing practice which, in its variations, has existed since Confederation. The practice has meant that in virtually every session since 1867, in the days leading up to prorogation or, more recently, to the summer adjournment, the House has arranged for longer hours of sitting in order to complete or advance the business still pending.

A motion pursuant to Standing Order 27 has only been refused once and that was last year. Even under the minority government of Paul Martin, the motion had sufficient opposition support to be adopted. There is bound to be some business that one opposition party wants to avoid, but generally there should be enough interest on the part of the opposition to get legislation passed before the summer recess.

The House leader of the official opposition is often on his feet after question period trying to get speedy passage to some of our justice bills. Here is a chance for him, and collectively Parliament, to actually get that done.

The NDP members complain that we accuse them of delaying legislation when all they want to do, or so they say, is put up a few more speakers to a bill. Here again we are giving them the opportunity to do exactly that.

I am therefore seeking the support of all members to extend our sitting hours so that we can complete work on important bills which will address the concerns of Canadians before we adjourn for the summer.

Business of the HouseOral Questions

May 28th, 2009 / 3:05 p.m.


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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am pleased to respond to my colleague's questions. Before I get to his specific questions, perhaps we will revert to the more traditional response, which is to lay out the anticipated business for the week ahead.

As members know, today we completed debate at third reading stage of Bill S-2, the customs act. We will continue and hopefully complete the second reading stage of Bill C-20, Nuclear Liability and Compensation Act. Following Bill C-20, we will call at second reading, Bill C-30, Senate Ethics Act.

Tonight the House will go into committee of the whole to consider the main estimates of the Department of Fisheries and Oceans.

Tomorrow we will begin debate on Bill C-24, Canada-Peru Free Trade Agreement Implementation Act. The back-up bills for tomorrow will be any unfinished business left over from today.

Next week we will continue with any unfinished business from this week, with the addition of Bill C-15, drug offences, which is at report stage and third reading stage.

We will also consider Bill C-32, the bill that will crack down on tobacco marketing aimed at our youth, and Bill C-19, investigative hearings and recognizance with conditions. These bills are at second reading.

As I have been doing, I will also give priority consideration to any bills that are reported back from our standing committees.

Finally, I would like to note that on Monday, June 1, at 10 a.m., there will be a memorial service in the Senate chamber to honour the memory of parliamentarians who have passed away since April 30, 2008.

As well, in response to the specific questions, the hon. opposition House leader would know full well that we just had our House leaders meeting of all four parties and their whips. I thought I took extraordinary steps to inform my colleagues about the anticipated business that I intend to call between now and the House rising on June 23. He has all of that information. He knows as well that much of this is tentative and subject to change because we do not know exactly how fast committees will move and how long debate will take in this place. Having said that, I have tried to be as transparent and as open with my colleagues as possible.

As far as specific questions about the three remaining supply days, I will be designating them in the future, although I did indicate tentative dates for all three, and the member is well aware of that information; in fact, I think it has been made public.

Tobacco AdvertisingStatements By Members

May 27th, 2009 / 2:05 p.m.


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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, today I salute all those who helped bring to fruition important legislation that cracks down on tobacco marketing aimed at young people.

I thank all those involved, especially the women who saw the devastating impact of tobacco on health and the importance of acting to save lives: women such as Cynthia Callard at Physicians for a Smoke-Free Canada, who prodded all of us for years to eliminate the marketing of fruit- and candy-flavoured products and convinced me to introduce a private member's bill; young women such as youth public health specialist Angela McKercher-Mortimer who, with the Eastern Ontario Youth Coalition, helped coordinate the packages on members' desks today; women such as Jennifer McKibbon, who was a key organizer with Northwestern Youth Action Alliance in its Flavour...Gone! campaign and who continues to press for the inclusion of flavoured chew in the bill; and women such as our federal health minister, who made this the subject matter of a government bill and who has committed to shepherd Bill C-32 through Parliament.

Together, we absolutely refuse to let sinister packaging and deceptive flavourings turn today's youth into tomorrow's death statistics.