Protection of Insignia of Military Orders, Decorations and Medals Act

An Act to protect insignia of military orders, decorations and medals of cultural significance for future generations

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session.

Sponsor

Gary Schellenberger  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (House), as of Nov. 2, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment places restrictions on the transfer of insignia of military orders, decorations and medals of cultural significance to persons who are not residents of Canada.

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.

Votes

March 9, 2011 Passed That the Bill be now read a third time and do pass.
Dec. 1, 2010 Passed That Bill C-473, An Act to protect insignia of military orders, decorations and medals of cultural significance for future generations, as amended, be concurred in at report stage.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 5:55 p.m.
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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I think it is quite correct that this particular hour is a non-partisan hour. I think it should be very non-partisan that veterans deserve better. They should be helped and should not be put in a situation where they have to consider selling their medals and insignia.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 5:55 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I am very interested in rising today on Bill C-473, An Act to protect insignia of military orders, decorations and medals of cultural significance for future generations.

I must say it is surprising to see the Conservatives taking an interest in the cultural aspect. They are often much more interested in the military angle. However, as the Bloc critic for veterans’ affairs, I would like to thank the hon. member for Perth—Wellington for introducing this bill.

As its title indicates, the purpose of Bill C-473 is to protect Canadian military medals and insignia of orders that are culturally significant to Canada. The word culture here obviously has a historic meaning. The cultural importance of a decoration is determined by the regulations.

In order to keep these decorations in Canada, the bill we are studying today would impose restrictions on the transfer of insignia of military orders, decorations and medals. It would be prohibited to transfer culturally significant insignia to a non-resident, that is to say, someone who is neither a citizen nor a permanent resident of Canada.

The bill would, however, allow anyone who so desired to transfer a decoration provided that they have first tried to sell it at its fair market value to the Canadian War Museum, the Canadian Museum of Civilization or the Department of Canadian Heritage, in other words the Government of Canada. If the government refuses to purchase it and provides written confirmation to this effect or has not accepted the offer within 120 days after receiving it, the person may then transfer the decoration to a non-resident.

It is important to emphasize that the bill introduced by the hon. member for Perth—Wellington states that all these restrictions do not apply to the transfer of a decoration to a near relative, that is to say, to parents, children, brothers, sisters, and grandparents or to an heir.

Finally, the bill stipulates that if a Canadian transfers a decoration considered “cultural property” in violation of the provisions I just mentioned, that person is committing an offence punishable by a fine in an amount that does not exceed five times the market value of the insignia. It might be interesting to see how owners of insignia or medals can be informed about the new provisions in this bill. We will have to find ways to inform people.

The Bloc Québécois has analyzed Bill C-473 thoroughly and has decided to support it in principle so that it can be studied in committee. That will give us an opportunity to hear from witnesses and examine various aspects of the bill in greater depth.

I think it is important to emphasize, as I pointed out in one of my earlier questions, that this bill is flawed. We agree with the principle that near relatives should be exempt from the restrictions set out in the bill. However, I think that spouses should be included as well. We will definitely be proposing some amendments to this bill in committee.

As I said before, the definition of “near relative” includes parents, brothers, sisters and grandparents of the owner of the insignia, but does not include spouses. I think that should be specified. We find it unacceptable to exclude spouses from the bill. That will have to be corrected.

Overall, the Bloc Québécois supports Bill C-473 in principle because its purpose is to preserve our heritage.

The bill before us today focuses on military history and the insignia, orders, decorations and medals awarded by the country to recognize the merit and actions of Quebec and Canadian military personnel.

In bestowing these decorations, a country recognizes the sacrifices and achievements of those who have served the cause of peace and freedom throughout the world over the years.

It is important to acknowledge the devotion of the men and women who have fought in various conflicts. Everyone here knows that our military personnel work hard and overcome many challenges. Many sustain serious injury, and some die.

Without hesitation, they accept the most dangerous missions with humility, determination and courage. We have an obligation to recognize and support these soldiers.

As I said earlier, the Bloc Québécois is in favour of this bill. We believe that all governments can and must do what they can to preserve the cultures and histories of the peoples under their authority. Military history and recognition of the dedication of the men and women in uniform are important parts of the history of a people or a state.

The federal government must do what it can to preserve this history whenever possible. I am thinking, for instance, of the work being done by the Canadian War Museum, which we appreciate.

That said, I must point out that this bill introduced by the Conservative member aims to protect a cultural asset that is military in nature.

That is all well and good, but it is not enough, because when the time comes to protect Quebec culture, we see less action and there are fewer bills introduced in the House. We are more likely to see cuts to culture.

Remember that in August 2008, seven federal assistance programs for the cultural sector were abolished, including the arts promotion program—PromArt—in the foreign affairs department, the Trade Routes program, as well as other programs totalling $23 million.

I am not off topic as there is a cultural component to this bill.

More recently, in the 2010 budget, the Conservative government did not provide any direct assistance to artists and creators of cultural assets. There is no direct assistance for artists, no funding for tours, no increase in assistance for filmmaking. In short, it is unacceptable that no new cultural measures were introduced other than this bill.

Are we to surmise that, for the Conservative government, the only things that qualify as cultural assets are medals and Olympic Games souvenirs? Their actions since coming into power indicate as much.

The Conservatives wish to prove that they want to preserve military history. Although we support this praiseworthy initiative, the Bloc Québécois urges them to do much more to support the cultural sector.

The Bloc Québécois believes that supporting the cultural sector will help Quebec emerge from this economic crisis. For that reason, we must reinvest in this sector and inject $300 million starting this year.

I will close by stating that the Bloc Québécois supports in principle Bill C-473, which will protect military cultural artifacts, so that it can be studied in committee. We believe that all governments can and must do what is necessary to preserve the culture and history of its peoples.

We support the bill to protect one form of military culture. However, we insist that this government invest more in the protection and promotion of the culture of Quebec, a distinct nation and people.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 6:05 p.m.
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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, I first want to thank the hon. member for Perth—Wellington for bringing this significant debate before the House of Commons. That is the luck of the private members' lottery. It is his turn, and rightfully so.

I want to start by reading the summary of Bill C-473. It states:

This enactment places restrictions on the transfer of insignia of military orders, decorations and medals of cultural significance to persons who are not residents of Canada.

That is more or less the summary.

I also have a private member's bill in the House of Commons, Bill C-208, that is not entirely similar but very close to Bill C-473. Its summary states:

This enactment prohibits the sale or export for sale of any medal awarded by the Government of Canada in respect of service with the Canadian Forces or the Royal Canadian Mounted Police or in respect of service as a police officer outside Canada on behalf of the Government of Canada.

I would like to say at the outset that we in the New Democratic Party will be supporting the legislation through the committee process. During the committee process, we will be asking certain questions of witnesses to see if we can not only improve the intent of the legislation but also, and I will be honest here, to see if I can piggyback some of my legislation on this bill and maybe the two of us together could produce a really good bill.

When anyone goes to a legion hall, ANAVETS hall, or any hall where the military, RCMP and veterans meet, debate is stirred up about medals. As we know, many of us have been lobbied for a new cold war medal. We recently had the Wound Stripe changed to the Sacrifice Medal. The government did a very good thing with that.

Medals represent a significant achievement of a person who has served his or her country, be it RCMP or military, past or present. The families of those who have passed on have the medals, usually in shadow boxes with pictures and stories of the recipients. It is quite significant that they are able to retell the stories of the brave Canadians who served their country so well.

There is one concern I have with the bill, and I have already spoken to the hon. member about it and we will have further discussions on it. For many years I have told people that the medals hanging on their chests are not currency. When someone receives his or her CD, Victoria Cross, Distinguished Flying Cross or whatever significant medal they receive, including the Afghan Star many soldiers are now receiving, these medals the government has given them are not currency. The government did not say, “Thank you for your service, here is some money”. The medals' significance is to show others, when the recipients wear them in public, on parade or wherever, that they have served their country and what particular theatres of war or conflict they have served in.

We see many young people in their late 20s or early 30s with four or five campaign medals already, because they have served many tours overseas in various conflicts, either Bosnia, Suez, Turkey, Haiti, Afghanistan, et cetera, including our World War II and Korean veterans, of course, and all the medals they wear.

They are extremely proud to wear those medals. In fact, they wear those medals for pride, devotion, loyalty and dignity. Nonetheless, when I speak to veterans, service personnel and RCMP across the country, the number one reason they wear the medals is that there are 118,000 Canadians who served their country and never had the chance to wear theirs because they paid the ultimate sacrifice. That is the significance of these medals.

I have a personal belief that these medals should never be turned into currency. They do not have to be commodified. Do we have to put everything we have in this country under a mercantile system?

Because that I have argued this with certain bureaucrats and ministers in previous governments, I understand that it would be very difficult to enact legislation to stop people from selling medals. It would be very difficult because of private property laws. I agree with some of that argument, but surely we can do something that replaces money when it comes to these medals.

Some people have asked me what happens if somebody has to sell their medals for food or prescription drugs. I have only been around here since 1997, not as long as some colleagues, but I have yet to meet one veteran, one RCMP officer, who has come to me and said very clearly, “I have to sell my medals for food”.

I have said publicly that if there are veterans out there right now who feel they have to do that, give us a call. I know members of Parliament would immediately be there to help them on that. I am sure of that. There is not one member from any party who would not help that person out.

There have been situations recently involving the great Tommy Prince. There will be a movie about him. In his unfortunate state of mind, when he was in a desperate situation, he sold his medals. They got around the system and eventually they got back to their rightful owners.

Those who are computer literate could go on eBay right now and see all kinds of medals for sale. However, the people selling those medals did not earn those medals. They were not awarded those medals. They somehow got hold of them. Either the families sold them off or they found them. A while ago I worked with a guy named Dave Thomson from Ontario. A guy came in, posing as a real estate agent, and stole his medals to try to sell them, which is very cruel.

We just simply do not believe these medals should have a cash value. It is not currency veterans have hanging from their chests. That is our opinion, and we look forward to the debate and to get it to committee. It is very important this legislation gets to the committee where we can have sober, rational thought, bringing in witnesses from various organizations, various individuals, various bureaucrats from departments and ministries or whoever, so we can have a thoughtful, reasonable debate about how we protect the cultural significance of these medals.

There are two schools of thought. Inverness High School in Cape Breton, Nova Scotia, has a massive hallway with cabinets. Inside those cabinets are shadow boxes, pictures, stories and medals of all kinds of veterans who have passed on, those who served in the Boer War, World War I, World War II, et cetera, and the families have donated the medals to the school. The kids walk by that hallway all the time. They grow up knowing the significance of their forefathers and mothers and the service they provided, not just to their community in Cape Breton, Nova Scotia, but their country. Yarmouth High School does the exact same thing.

There are many places to donate these medals for people who no longer wish to have them, or the children do not want them or for whatever reasons, not only museums, but chambers of commerce, churches and community halls. Our MPs would be honoured to hold these as well. I am sure many members of Parliament would volunteer to hold them in their offices. When they leave office, either voluntary or involuntary, they can pass them on to the next member of Parliament.

These medals should not be in a cupboard, or in a drawer, or on a flea market table, or at a garage sale, or on eBay or on Kijiji. They should be out there for everybody to see. That is why it is critical and we are very pleased that the member for Perth—Wellington has brought this issue forth.

I would ask if the member would accept a friendly amendment, not at this stage but when we get into the debate, to also include the medals of the Royal Canadian Mounted Police. As we know, many police officers serve overseas and they also received these various medals. We believe the RCMP should be treated in a very similar fashion to the veterans when it comes to these particularly significant cultural items of Canada.

If I am not mistaken, 96 Victoria Crosses have been awarded to Canadians overall. Just recently we celebrated the 150th anniversary of the William Hall V.C. He was an African Nova Scotian who, in 1850 received his Victoria Cross. He was the first sailor. He served three countries in four wars and was awarded the Victoria Cross. We honoured that memory at the Black Cultural Centre in Preston, Nova Scotia the other day.

We thank the hon. member for Perth—Wellington for bringing this significant discussion to the floor. We, like the Bloc Québécois, will support sending it to committee. We hope, with further amendments, we will be able to proceed with this debate in a very friendly and cautious manner.

We salute all the veterans and thank them for their service.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 6:15 p.m.
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Peterborough Ontario

Conservative

Dean Del Mastro ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, it is an honour to rise in support of Bill C-473 that has been brought forward by my colleague, the member of Parliament for Perth—Wellington, and chair of the Standing Committee on Canadian Heritage. Once again, a fine and outstanding member of Parliament.

This bill has a very noble premise. It is about preserving our heritage. It also respects our veterans who have earned these medals.

We heard an intervention a little while ago from the Liberal member for Brampton West that was unbecoming of this debate. I do not think it was on the topic of this bill, and in fact it unfortunately did not reflect the true history of the Liberal Party when it comes to our veterans. The Liberals may want to rewrite history but I do not think veterans will forget.

We often talk about Liberal cuts to things such as health care and education, with the $53 surplus that it ran in EI, without passing those benefits on to workers. We talk about those things, but one of the things that it cut in the nineties that is often not talked about are benefits and supports for veterans.

The member should look into that before he comes out and starts a partisan rant against this government, a government that has extended VIP benefits to thousands and thousands of veterans that the Liberal Party would not extend them to, a government that has re-extended veterans benefits to Allied veterans, something that the Liberal Party took away in the 1990s, a government that has extended pension income splitting to all seniors, among them certainly veterans, something that the Liberal Party would never extend.

We have a convention around bills such as this in private members' hour where we do not go on these partisan rants and we talk about the benefits to Canadians. On a bill that is noble, as this one is, interventions brought forward by the member for Brampton West are unbecoming. That said, I am going to set that aside and I am going to speak to the bill.

As I said, I am supporting and I believe all good members should support Bill C-473, and the steps it proposes to increase the protection of Canada's heritage.

Heritage means many things to Canadians: our geography and strong attachment to the land; our personal, family and linguistic traditions; the material and tangible evidence of human activity and creativity over thousands of years. Collectively, these various dimensions make up the heritage legacy we have inherited and will bequeath to future generations.

Heritage includes the stories attached to collections, places and communities. Objects can become Canadian icons and symbols. Through our heritage we can experience our underlying values. Through our heritage we strengthen our pride and confidence as a nation. Through our heritage we draw inspiration. We can acknowledge the contributions of successive generations.

Canada's military heritage is an important aspect of what brings us together as a nation, and Bill C-473 recognizes that.

Canadians value their heritage and they value the dedication, bravery and sacrifice of our armed forces. Over the years, individual citizens, veterans organizations and service clubs have established thousands of memorials across Canada to honour the members of our armed forces who have made great sacrifices in service of this country. They have done so to ensure that the stories survive and are honoured as part of the story of Canada forever.

This government understands how important these things are to Canadians and that is why in budget 2010, we announced the creation of the community war memorial program. This important new program will work with communities across the country to construct new cenotaphs and monuments that will honour those who served Canada. The program will provide $2 million to contribute a portion of the capital costs for these materials that provide the public with a tangible focus for their commemoration of the sacrifices of brave Canadian women and men.

We are recently reminded of those sacrifices with the passing of John Henry Babcock, the last surviving Canadian veteran of the first world war. This marks the end of an era.

This government has announced plans to recognize all Canadians and Newfoundlanders who served during the Great War, which was a defining moment in the building of our great nation. A national day of commemoration will take place on Vimy Ridge Day, April 9. It will honour and celebrate the contribution that Mr. Babcock's generation made to the cause of freedom and to the great debt that we all owe to all of them.

It is also worth noting that 2010 marks the centenary of the Royal Canadian Navy. This offers yet another way to honour the military service of Canadians. Celebration of this centennial in events nationwide this year will build public awareness and strengthen appreciation of the Canadian Navy and promote its role within Canada's armed forces.

Canadians will be able to recognize and celebrate the Canadian Naval Centennial by participating in events as diverse as major international fleet assemblies in Victoria and Halifax, the Rendez-Vous Naval event in Quebec City and a musical review by the Navy's bands that will tour more than 50 locations across the country.

It is because the government understands how important these things are to Canadians that Bill C-473 deserves the support of the House. Each time we hear about an important military decoration being sold to those who would potentially take it out of Canada forever, we see how important it is to Canadians that this aspect of their heritage remains in this country.

In 2004 a public fundraising campaign led by the veterans of the 1st Canadian Parachute Battalion raised more than $300,000 to prevent the sale of a Victoria Cross awarded to second world war medic Fred Topham to a foreign buyer. It was subsequently donated to the Canadian War Museum and we thank them for their efforts.

Canadians care passionately about honouring military medals and decorations, and the people and deeds they represent. Bill C-473 provides us with an opportunity to act to protect our Canadian heritage. Polling and survey results consistently show that Canadians value heritage as central to their sense of identity, their attachment to Canada, and the quality of their lives. Urban and rural communities mobilize hundreds of thousands of volunteers annually to cherish the places, stories, and objects that illustrate the spirit of the community and reflect our country's history.

In 2008, for example, volunteers contributed more than 35,000 hours in support of the Canadian Museum of Civilization and the Canadian War Museum alone, not to mention the thousands of others. The same research shows that Canadians believe that support for the protection of heritage should continue. Federal efforts to protect and ensure access to Canada's cultural heritage began with the creation of key federal institutions that have evolved into what we see today, such as the Canadian Museum of Civilization and the Canadian War Museum, whose role in protecting the nation's heritage is recognized by Bill C-473. These national institutions and other national military museums across the country are the custodians of countless historical military honours.

Since its inception more than a century ago, the national collection now held by the Canadian War Museum has developed into an internationally recognized collection of roughly half a million military-related objects that includes a significant number of historical medals and decorations including 30 of the 94 Victoria Crosses awarded to Canadians. All together the collection of the Canadian War Museum represents the Canadian military experience and promotes public understanding of Canada's military history through exhibitions and public programs.

The Canadian War Museum and other military museums across Canada, including my own Peterborough Centennial Museum that also has a very significant number of medals, given the opportunity are willing and able to come forward and acquire important Canadian military medals and decorations. They understand how important it is that these testaments to the valour of Canadians be preserved for future generations in public collections in this country.

Bill C-473 acknowledges that our national museums are uniquely situated to honour and preserve the heritage legacy that military medals, honours and decorations represent. It proposes that in situations where a modern honour may be lost to Canada, owners must give a first right of refusal to the government and its institutions to acquire these objects for future generations.

I would just add in response to my colleague from the NDP who spoke quite eloquently, perhaps the potential conflict or disagreement that may extend from some of his comments are with respect to who actually owns the medals. When we talk about monetizing them, if we are truly giving them to the veterans for their service, it is very difficult for us to then walk in and somehow intervene in their value. We want to extend to them fair value for these medals if that is what they wish and we want to keep them right here in Canada to preserve our national heritage forever.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 6:25 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am pleased to speak today to Bill C-473.

I listened with great interest to all the contributions of the speakers. I thought the Bloc member for Berthier—Maskinongé summed up the bill quite well. He and I were on a U.S.-Canada parliamentary trip to Washington a couple of weeks ago and had occasion to meet with many congress people and senators where we managed to get Canada's message across that we needed changes in some areas.

Tonight I follow my colleague, the member for Sackville—Eastern Shore, who is very passionate about this subject. It is almost impossible to upstage him because he knows the subject so well. I do not think there is any better expert in the House on this whole area than the member. I sure hope he stays here. I read a story the other day that he might entertain the idea of running for mayor in a couple of years,. That would be a big loss and a big disappointment to members on all sides of the House because he adds so much to this chamber.

He did have some serious observations about this particular bill. He has his own bill, Bill C-208, which if he and the member opposite could somehow get together at committee on this issue, we could get the best of two bills, almost a perfect composition. There is a lot of room for compromise on both sides.

I do like the member's suggestion that these medals should not be viewed as currency. If the heirs of the person who earned the medal no longer require the medal, then it should really go to a Canadian museum. The member pointed out to me that the Order of Canada cannot be sold.

There has been some good solid thinking about this. I appreciate the member dealing with the bill in view of the property rights issue. An important part of the bill would make certain that these medals do not leave the country. The worry that we have is that if the medals are sold on eBay and become a commercial asset, that would in some ways defeat the purpose of the bill.

I personally feel that the special tax incentive in the bill has some merit, although I know my colleague from Sackville—Eastern Shore does not agree with that element of it either.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 6:30 p.m.
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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

We will talk.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 6:30 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

My colleague says that we will talk. I feel that somehow a tax credit situation is a different proposition than selling it to the highest bidder. However, like my colleague said, we will talk about this.

I went to considerable effort to dig up a lot of material on this subject and even went into the history of medals. I have so many pages here I really do not know where to start. I thought I might have 10 minutes to do this subject justice but I now know that I do not have a full 10 minutes.

Before I start explaining the history of the medals, I do want to point out that one of my sons, Kevin, is in the Canadian reserves. He is in the 735 Communication Regiment in the Minto Armoury in Winnipeg. As he is only 23 years old, he has not won any medals yet, but he has a very strong interest in this subject. The military certainly hands out a lot of certificates for courses and he has been taking a lot of courses and has brought home a lot of certificates.

If I do have time, and I see that you are nodding, Mr. Speaker, that I do not have a lot of time.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

March 11th, 2010 / 6:30 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

The hon. member will have five minutes left to conclude his remarks the next time this bill is before the House.

The time provided for the consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the order paper.

It being 6:30 p.m., this House stands adjourned until tomorrow at 10 a.m. pursuant to Standing Order 24.

(The House adjourned at 6:30 p.m.)

The House resumed from March 11 consideration of the motion that Bill C-473, An Act to protect insignia of military orders, decorations and medals of cultural significance for future generations, be read the second time and referred to a committee.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

April 15th, 2010 / 5:30 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

The hon. member for Elmwood—Transcona has five minutes left in his comments.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

April 15th, 2010 / 5:30 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am very pleased to speak to the bill. We are now in the second hour of debate. I spoke for a few minutes in the last hour, so I will continue.

I think every member of the House sees merit in Bill C-473 and will support it. Therefore, we thank the member for Perth—Wellington for having brought the bill before the House. It deals with the transfer of insignia of military orders, decorations and medals of cultural significance to persons who are not residents of Canada.

The member for Sackville—Eastern Shore, our NDP caucus spokesperson on this issue, has a similar bill, Bill C-208, in the House. Although it is not exactly the same, it is similar enough that he hopes that when we get the bill to committee, he may be able to get parts of his bill adopted by the members into this bill to make it a better one.

In essence, the position the member for Sackville—Eastern Shore on this bill is he would like to see the currency taken out of the equation. He feels the medals should be viewed as unsaleable to anyone and when they are not longer required by the families of people who had the medals, they should be put in a repository such as a museum or he even suggested MPs' offices. There are many methods for dealing with the different types of military orders and decorations.

I spent considerable time on this issue and I looked forward to getting into the history. The more I read about the issue, the more interesting I found this matter.

I thought it was best to start at the beginning, so I went back to Roman times. That is when medals were first created. The Romans developed a complex hierarchy of military honours, ranging from crowns that were presented to senior officers to mark victories in major campaigns. There was a discussion around metal discs and other types of metals.

Then we got into the era of the Spanish Armada in 1588 during the reign of Elizabeth I, when she issued commemorative metals to mark England's victory over the Spanish Armada.

Then we moved on to the days of Oliver Cromwell. He issued medals to people who participated in the Battle of Dunbar. Then we got to the time of 1815 when medals were awarded to people who served during the Battle of Waterloo. I just saw a program a couple of weeks ago on the issue of Napoleon's history in France, ending with the Battle of Waterloo.

There is a storied history going back to Roman days involving medals. In fact, Canada has a long history of medals. It started with the governors of New France desiring to establish European honours in Canada. They established a Military Order of Malta in New France between 1635 and 1648.

After the establishment of the British North America Act, Canadians were entitled to receive British imperial honours, though the awarding was not consistently allowed. Besides knighthoods, peerage titles, both hereditary and in life, that were also bestowed on Canadians, sometimes it was uniquely Canadian designations, such as Baroness Macdonald of Earnscliffe and Baron Beaverbrook of Beaverbrook, in the province of New Brunswick.

The fact is over time these medals more and more became—

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

April 15th, 2010 / 5:35 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please. I regret to inform the member that his time is up.

Resuming debate, the hon. member for Don Valley West.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

April 15th, 2010 / 5:35 p.m.
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Liberal

Rob Oliphant Liberal Don Valley West, ON

Madam Speaker, I begin by thanking the hon. member for Perth—Wellington for bringing this bill forward. I find it to be a thoughtful and balanced approach to this issue. It is the kind of thing that a private member's bill should do. It is a contribution to public policy and to the honouring of veterans in our country.

I have been requesting the members on this side of the House, in the Liberal Party, to support this bill, and we will support it at committee.

It is quite an adequate bill because it balances the cultural heritage that we try to protect through the honouring of insignia, of medals and honours, declarations and awards, as well as the private property rights of individuals. The member has been very thoughtful in balancing those two needs to understand that medals for wartime service and for military service, in general, tell two stories. They tell a story of an individual and a service to our country and to our world and a moment of heroism often that is honoured in a medal. They also tell a corporate story about what Canada is, how Canada has come into being and what Canada hopes to be in the future.

This legislation balances those two stories as well as those two rights. We have the story of individuals who offer their lives for service and give what they can for the prospects of freedom, independence, peace and community in our world. They also, at the same time, tell the story of a country that is emerging as a nation. The stories we have of these medals, as we can look at them, tell the story of a nation that has taken its place in the stage of world affairs and has made our world a better place.

It is very clear that I believe this is good legislation. It promotes culture and heritage in Canada and it balances the need for a family to tell its own story. It respects the right of a family to pass on a medal, or a declaration, or an award, from generation to generation, to kin, to keep it in that family so it can tell the story of the person it loved and respected.

It also gives the right of first refusal to Canadian cultural institutions, particularly, the Museum of Civilization across the river, the War Museum, as well as that network of Canadian Forces museums, which offer a story that we all need to hear. The member has taken that and has done it very well.

The need for such legislation is interesting. There is already an act in place that protects such medals that are 50 years or older. This adds to the legislative body that we have to protect modern medals. The act that the member is attempting to add to not only is looking at the history of Canada, but it is actually guarding the future of Canada. Therefore, we also want to commend him for that, for being forward-looking.

There are a couple of issues that I want to raise, and this is not a criticism to the bill but to add to the importance of it.

First, many people have served in Canadian Forces in the last 40 years or 50 years who have not received medals. I hope the member will also begin to look at the proposed Governor General's volunteer service award for those who have served at least one year and have not received a medal for their volunteering into the Canadian Forces.

There was such a medal that ended in 1947. It came back during the Korean War, in those two to three years. However, since that time, we have not had a medal that honours the simple act, or the very brave act, of volunteering for the Canadian Forces.

This is for people who have volunteered, particularly, in the cold war. We have to remember that kind of service. That will make this kind of legislation quite important, because we are talking about new medals and modern medals. I hope the member will take some time to investigate that proposal. Over 5,000 people have signed a petition for Parliament to establish such a medal.

On a bit of a harder note, one of the reasons this legislation is important is because there have been stories of people, of veterans, selling their medals to actually live. We have to worry about that.

I want to bring to the attention of the House the fact that there exists in Calgary a food bank solely for veterans. The Prime Minister visited the food bank on April 2, with the Minister of the Environment. It is an utter national shame that we have a food bank, the poppy fund in Calgary, just for veterans. There is something wrong when we are forcing our veterans to go to the measures of staying in homeless shelters, of selling medals, of going to food banks designed just for them. The Calgary poppy fund has to operate to keep veterans alive.

The budget for that food bank is $2 million per year. I am not belittling the charitable notion that goes into keeping that alive. It is a wonderful charitable effort. However, the fact that the need exists should remind us that we as a Parliament and the government are simply not doing enough for veterans.

Over 61 people received food baskets in that institution in the last several weeks. It is open five days a week, from nine to five, Monday to Friday, to help veterans. Calgary is one of richest cities in the country. This is about people who have given their service, their time, their honour, everything to the service of the country. What we are doing for our veterans is simply not good enough.

We have stories of veterans who sell their medals on eBay, sending them out of the country. I am very pleased the member is trying to protect that cultural heritage and keep them in our country, keep that story alive. However, as with everything, we have to dig down, we have to peel back the onion just a bit to understand why people might sell medals. If it is because they do not have enough to eat, if it is because they do not have a roof over their heads, if it is because they have been left out, if it is because they have addictions or other problems that are forcing them into a life outside the mainstream, then we have to act. It is not good enough. It is simply not the way we want to treat our veterans.

I know the hon. member has veterans absolutely foremost in his mind, so I hope he will take this opportunity to talk to the veterans who may be tempted to sell their medals. I hope he can go to that food bank, following his leader's example. That was just a photo op to make an announcement about food protection. It was an opportunity to talk to those veterans and ask them why they were there, to ask them what happened and what went on in their lives that took them to the brink and caused them to go to the Calgary Drop-In.

It has between 30 and 35 veterans every night who are homeless. This is a national shame. It is one of the largest growing populations of homeless in Canada. It is one largest growing populations of those going to food banks. We do not want to follow the model of our American neighbours, where this is a national crisis, although it is not that yet in Canada. We want to take the kinds of steps, the kinds of services, the kinds of programs to ensure that does not happen. We need to evaluate our programs and our commitment to Canadian veterans.

There is a story of a veteran that was recently made into vignette by the Historica Dominion Institute. It is the story of Tommy Prince, the most decorated aboriginal, first nations veteran in Canadian history, born in 1915. One of the tragedies of that story is despite the fact that his bravery and his service led to him being the most decorated first nations veteran, when he came back to Canada, he did not find his place that he deserved in this society. He was forced to sell his medals. This is a real story of a real person, of a real veteran who got lost along the way.

This legislation will protect the medal, but will it protect the veteran? It is a first step to ensure cultural heritage is protected, but we have to go a further step. We have to go further to ensure that our veterans are never forced to sell their medals, that they are never forced to go to a food bank in Calgary, that they are never forced to go to the Calgary Drop-In, but that they are celebrated, treated fairly, economically and socially. We owe our lives, our freedom and our independence to them.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

April 15th, 2010 / 5:45 p.m.
See context

Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I rise today to speak in support of Bill C-473 and the protection of military medals, orders and decorations awarded to Canadians.

I want to begin by thanking the member for Perth—Wellington for his efforts to protect Canada's military heritage and for bringing this issue before Parliament.

The tabling of Bill C-473 allows us to reflect on the vital importance of Canada's military heritage and the very important part it plays in our country's development.

Military insignia symbolize a number of events, the most common representing long or distinguished service, while still others denote participation in a war, campaign or peacekeeping mission. The rarest of all signify battlefield valour.

The importance of our military heritage was front and centre just recently on April 9, Vimy Ridge Day, when the government honoured all of Canada's World War I servicemen and women and paid tribute to their achievements and contributions. Ceremonies of remembrance were held across Canada and at the Canadian National Vimy Memorial in France and the Canada Memorial at Green Park in London.

The national commemorative ceremony at the National War Memorial, a symbol of the sacrifices of all Canadians who have served Canada in times of war in the cause of peace and freedom, was especially poignant following the death in February of Canada's last known first world war veteran, John Babcock.

The efforts and sacrifices of Canada's armed forces throughout our history must not be forgotten. As part of our country's heritage, they must be honoured and protected.

Through Bill C-473, the member for Perth—Wellington proposes to fill a gap in the protection of our military heritage, a gap that affects modern military insignia. Let me explain what I mean by that. Important medals and other decorations that are more than 50 years old are already protected under the Cultural Property Export and Import Act. We have measures in place to keep objects of outstanding significance and national importance in the country. The act includes, among other elements, a system of cultural property export control, which requires export permits for a range of cultural property. These measures protect the nation's heritage, while respecting the rights of private citizens to dispose of their own property.

Under the existing act, important medals that are more than 50 years old require a permit to leave Canada. Permanent export may be delayed if the medal is determined to be of outstanding significance and of national importance. If an object for which a permit is sought is deemed to be of outstanding significance and national importance, the permit is refused. That refusal may be appealed to the Canadian Cultural Property Export Review Board.

On appeal, the board may create a delay period of up to six months to allow Canadian cultural institutions the opportunity to purchase the object in question so that it may remain in Canada. A system of special tax incentives also exists to provide further encouragement for owners to donate or sell cultural property to Canadian institutions. Those who do not comply with the Cultural Property Export and Import Act can be prosecuted and are subject to fines or imprisonment.

However, what protection is there for modern Canadian insignia? We know that serving members of Canadian armed forces are prohibited under the code of service discipline of the National Defence Act from selling their medals and decorations. Military regulations also govern the disposition of medals when a serving member dies. These measures are important and should be respected. However, recent military honours, unlike historic medals, orders and decorations, are not controlled for export.

The member for Perth—Wellington has indicated that his objective with Bill C-473 is to keep important military medals, orders and decorations in Canada. Export control is clearly a matter over which the federal government has jurisdiction and experience. Important medals and other decorations that are more than 50 years old are already controlled for export under the Cultural Property Export and Import Act.

If it is the will of the House to refer Bill C-473 to committee for review, I trust there will be an opportunity to study more fully how to ensure this proposed new legislation can work seamlessly with the Cultural Property Export and Import Act to protect our military heritage. I want to commend my colleague from Perth—Wellington for striking a balance in presenting this bill, between the need to protect our military heritage and the need to respect the rights of individual owners of military insignia.

Military insignia hold significant meaning to veterans and their heirs. Bill C-473 proposes to exempt near relatives of the owner of the insignia from the provisions of the bill. Under Bill C-473, families can continue to care for the valued personal legacy of their veterans, their military insignia, and ensure they will be passed down from generation to generation.

In the first hour of debate on Bill C-473, my colleague from Berthier—Maskinongé noted that spouses do not seem to be included in the definition of the relative. I trust there will be an opportunity to study this matter further in committee. I also acknowledge and appreciate my colleague from Sackville—Eastern Shore and the passion for this issue that he brings to this debate. In his comments, he described the positive experiences of several communities in his area to preserve their military heritage.

Many military insignia are donated to local museums as well as to the Canadian War Museum and Canadian Forces museums across the country. Bill C-473 would not restrict donations to Canadian museums. Owners would still be able to donate military insignia to the Canadian museum of their choice. That is an important protection of their rights.

Most public museums in Canada are also registered charities. As a registered charity, a museum can issue donation receipts for the value of gifts in kind, such as artifacts or specimens. Additional tax benefits may also be available if the gift is certified as being of cultural importance and national significance by the Canadian Cultural Property Export Review Board.

The government has recognized the need to protect our military heritage through the establishment of museums, including the Canadian Museum of Civilization, the Canadian War Museum and the Canadian Forces museums across the country. The Canadian Museum of Civilization and the Canadian War Museum have more than 1,000 medals, including at least 28 Victoria Crosses, Canada's highest military honour. The network of Canadian Forces museums tells the story of regiments across the country.

Bill C-473 proposes that federal museums should be given the opportunity to purchase modern military insignia if the owners do not wish to donate them to a public museum or wish to transfer the insignia to a near relative or heir or a resident of Canada. I would hope that Canadian Forces museums would also be able to benefit from Bill C-473 to continue their profound tradition of protecting our military heritage.

In conclusion, I am pleased to support Bill C-473 and its efforts to protect our modern military insignia, modern insignia that recognize the contribution of the women and men who still today go to troubled spots around the world. I look forward to further study of the proposed bill in committee.

Protection of Insignia of Military Orders, Decorations and Medals ActPrivate Members' Business

April 15th, 2010 / 5:55 p.m.
See context

Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Mr. Speaker, I am pleased today to speak to Bill C-473, An Act to protect insignia of military orders, decorations and medals of cultural significance for future generations.

I met with the members of the Hudson Legion last week. I am always moved when I speak with veterans. Each medal and decoration marks an event in their military career and the role they played in various theatres of operation. I met with a number of veterans when I worked on the issue of Canadians who had lost their citizenship. These people were commonly known as Lost Canadians. They also take a great interest in the transfer of the last veterans hospital. They talked to me about the situation many of them are in and how they live in poverty. It is very disturbing. I believe we must do much more for them.

The bill has to do with part of our heritage and is intended to protect medals that were presented to soldiers who brought honour to us. I would first like to thank the member for Perth—Wellington for introducing this bill. It is a first step, but I believe that he will agree that we can do much more for these veterans.

I am also surprised at the narrow definition given to “veterans”, because many members of allied forces fought alongside our veterans, as the department currently defines them. Even though these people have been in Canada for 40 or 50 years, they still do not have privileged access to Ste. Anne's Hospital. We still have a lot of work to do on this.

As its title indicates, Bill C-473 is designed to protect Canadian medals and insignia of military orders that are culturally significant to Canada. The cultural significance of a decoration is determined by the regulations in this case. To keep decorations in Canada, the bill we are debating today would place tighter restrictions on the transfer of insignia of military orders, decorations and medals. It would be against the law to transfer an insignia of cultural significance to a non-resident, that is to say, someone who is neither a permanent resident nor a citizen of Canada. I encourage the committee that, I hope, will study this bill to review certain passages pertaining to citizenship.

I do not know if the member for Perth—Wellington realizes it, but more veterans have lost their citizenship. The last surviving veteran of World War I, Mr. Babcock, was not a Canadian citizen and the Prime Minister had to hop on a plane to restore it. The citizenship aspect should be revisited to prevent creating further irritants for veterans. Therefore, I invite the committee to examine this point and to do some checking.

This bill contains provisions that would allow any person to transfer a decoration provided that they have first tried to sell it at its fair market value to the Canadian War Museum, the Canadian Museum of Civilization or the Department of Canadian Heritage, in other words the Government of Canada. If the government refuses to purchase it and provides written confirmation to this effect or has not accepted the offer within 120 days after receiving it, the person may then transfer the decoration to a non-resident. As I mentioned, a number of veterans did not regain their Canadian citizenship before dying. That was the case for Mr. Vallière, among others. We should empathize with this situation, especially for the family's sake.

Bill C-374 indicates that all these restrictive measures do not apply to the transfer of a decoration to a near relative, which means the father, mother, grandfather, grandmother, child, grandchild, brother or sister of the owner of an insignia. At this stage, I find it unacceptable that spouses are excluded from this bill. I believe that this oversight will be corrected by the committee.

For people who do comply with the provisions of the bill, specific paragraphs in the bill stipulate that if a Canadian transfers a decoration considered “cultural property” in violation of the provisions I just mentioned, that person is committing an offence punishable by a fine in an amount that does not exceed five times the market value of the insignia. I would like to know how the government will contact the owners of insignia and medals. Is there a list of these persons? I also wonder how veterans will be advised of the changes proposed in this bill.

In the past, we have had a difficult time reaching veterans, even for a law as important as the Citizenship Act. So this will be an important part of the implementation of this bill.

The Bloc Québécois is in favour of the principle of Bill C-473 and would like it to be examined in committee. That will give us an opportunity to hear from witnesses and examine various aspects of the bill in greater depth.

We are also in favour of the principle of the bill because it is intended to conserve and protect heritage artifacts. Such artifacts are part of the military history of any country that presents military insignia, orders, decorations and medals to men and women to thank them for their actions and for their participation in various military missions.

In bestowing these decorations, a country recognizes the sacrifices and achievements of those who have served the cause of peace and freedom throughout the world over the years. Everyone here knows that our military personnel work hard and overcome many challenges. Many sustain serious injury, and some die.

Without hesitation, they accept the most dangerous missions with humility, determination and courage. Collectively, we have an obligation to recognize and support these soldiers.

We believe that all governments can and must do what they can to preserve the cultures and histories of the peoples under their authority. Military history and recognition of the dedication of the men and women in uniform are important parts of the history of a people.

That said, I must point out that the bill introduced by the member aims to protect a cultural asset that is military in nature.

The Conservatives wish to prove their willingness to preserve military history. Although we support this praiseworthy initiative, the Bloc Québécois urges the Conservative government to take concrete action to support the entire cultural sector.

We support the bill to protect one form of military culture. However, we insist that this government invest more in the protection and promotion of the culture and history of Quebec.

I would like to close by pointing out that for many veterans, medals are very important and so is the history behind every one of them.

The fact that enacting such a bill might be difficult and might touch some nerves must not be taken lightly.

I would also like the government to do more to address the poverty that prevails in that community.