Abolition of Early Parole Act

An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Vic Toews  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 Corrections and Conditional Release Act to eliminate accelerated parole review and makes consequential amendments to other Acts.

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-59s:

C-59 (2023) Law Fall Economic Statement Implementation Act, 2023
C-59 (2017) Law National Security Act, 2017
C-59 (2015) Law Economic Action Plan 2015 Act, No. 1
C-59 (2013) Law Appropriation Act No. 1, 2013-14

Votes

Feb. 16, 2011 Passed That the Bill be now read a third time and do pass.
Feb. 15, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

Combating Counterfeit Products ActGovernment Orders

June 12th, 2013 / 8:35 p.m.


See context

Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, I am delighted to rise today. It is a privilege to speak in support of Bill C-56, combating counterfeit products act.

One of our government's top priorities has been to help build safer communities for all Canadians. Now, more than ever, safe communities and economic prosperity go hand in hand. That is why our government has a robust agenda in place to disrupt fraud and to ensure that those who engage in these illegal activities face severe penalties. That is why, for example, we passed Bill C-59, so that criminals convicted of white-colour crimes can no longer be released from prison after serving only one-sixth of their sentence.

Similarly, counterfeit crimes are becoming more prevalent. They are a tangible threat to our economy that undermines innovation and the integrity of Canadian brands. It is not so simple as when one's aunt or cousin goes to China or Taiwan and buys a knock-off watch or purse, or when one buys something similar out of the trunk of a car in Toronto. That is only the tip of the iceberg. Counterfeiting threatens economic growth and job creation, as well as the health and safety of all Canadians. With this legislation, we are standing up for Canadian businesses and consumers to ensure they do not become victims of counterfeit crime by vast criminal organizations.

Bill C-56 deals with counterfeit goods and the ability of our border services and law-enforcement officials to take on this steadily rising problem. By counterfeit, we mean fake replicas of an original product. More specifically, it is an unauthorized reproduction of goods that are protected by a trademark. By registering these rights, the trademark owner is protected against the unauthorized use of the intellectual property. That means that any reproduction of the intellectual property owner's trademark is protected by Canadian law. Copies produced without the consent of a copyright holder are commonly known as pirated goods.

Let me be crystal clear: counterfeit goods are illegal. However, until now, rights holders have not had strong recourse to do anything about the theft of their intellectual property. The ability to enforce intellectual property rights and apply penalties on those manufacturing and profiting from intellectual property infringement has not been as comprehensive as is required in today's globalized world. Bill C-56 intends to rectify this. Commercial large-scale counterfeiting and related crimes pose a very serious threat to the health and safety of Canadians. They involve a vast array of products, ranging from clothes to medications to toys, cosmetics, batteries, electronics, books and multimedia.

Counterfeiting is on the rise in Canada, as it is in the rest of the world. These activities used to be localized, centred on high-end luxury designer goods. They were knock-offs closely resembling legitimate goods. However, this has developed into a worldwide industry that is much more dangerous than before. This is due to the technological process and the increase in global trade. Another reason is the perception by some that counterfeiting and piracy are victimless crimes. I assure members that they are not.

Canadians are often the innocent victims, purchasing goods they believe to be legitimate and safe. However, Canadians need to be confident that the products they buy are genuine and safe and will not cause harm to themselves or their families. The harm associated with the trade in counterfeit goods is significant. It not only includes health and safety risks posed by goods of inferior quality, but decreased consumer confidence in the marketplace, lost tax revenue for the government, and lost profits for intellectual property owners who suffer as a result of such infringement.

Bill C-56 would target the manufacturers and distributors of counterfeit and pirated products, those who profit from this crime. We are going after large-scale operations that victimize Canadian consumers.

Our government knows that the most effective way to stop the proliferation of counterfeit goods is by targeting those who create and sell the goods. Bill C-56 is designed to ensure that federal agencies and rights holders focus their efforts on those criminal operations that seek financial gain from the sale of these goods and not the individuals who purchase these goods for personal use.

For several years, Canadian businesses and industry associations have been relentlessly recommending changes to Canada's intellectual property legislation to better address the modern practices involved in counterfeiting. Our government consulted, and we listened. In 2012, the recommendations were discussed during hearings of the Standing Committee on Industry, Science and Technology, and we are making strides in addressing these needs.

We highlight the importance of protecting intellectual property to foster an environment that encourages economic prosperity, innovation and competition. In the rapidly changing global economy, protecting intellectual property is essential for international trade and overall economic growth. It is critical to ensuring that Canada remains competitive. The RCMP calculated that more than 4,500 cases of intellectual property crimes were investigated in Canada between 2005 and 2012. The retail value of counterfeit and pirated goods seized by the RCMP increased from $7.6 million, in 2005, to a staggering $38 million in 2012, a fivefold increase.

Other countries are also reporting an upward trend in both counterfeiting cases and total retail values. This is important. The Canadian Chamber of Commerce is convinced that organized crime groups are involved in counterfeiting in Canada, especially as these crimes see high profit margins and low risks of being caught. Organized crime groups typically use the Internet to acquire and sell counterfeit goods and are mostly involved in distribution operations, which are usually routed from the United States and Asia.

The exponential growth in the use of technology such as the Internet has increased the often unsuspecting consumer's accessibility to products which may be counterfeit. Counterfeiting is an issue of safety for Canadian consumers, as well as an issue of ensuring economic prosperity for Canadian businesses. We know that there is great profit to be found in counterfeit goods. Sophisticated organized crime groups involved in the lucrative sale of illegally produced counterfeit products may subsequently reinvest their products into other illegal activities, such as drugs and firearms, which threaten the safety and security of our communities.

The legislation before us today would go a long way to enhancing our efforts to combat this serious crime. The best way to stop illegal counterfeiting is to curtail the commercial distribution and sale of counterfeit and pirated goods in Canada. This bill would increase the capacity of the Canada Border Services Agency to deal with these crimes at the point of entry into Canada. It would allow border service officers and law enforcement officials to disrupt the availability of counterfeit and pirated goods in our markets.

The Canada Border Services Agency will now have the authority to detain these goods and alert the companies that invested in research and development to seek remedy in the courts. This would result in diminishing the financial incentive of organized crime groups seeking high profits with low risk. The bill would also help reduce trade in counterfeit goods by providing new enforcement tools to strengthen Canada's existing intellectual property rights enforcement regime both at our borders and within Canada, as well as bolster our existing protections against commercial counterfeiting activities. At the same time, it would ensure robust protection for Canadians who own or travel with items for personal use.

In the last couple of years we have taken concrete action to protect intellectual property, including passing the Copyright Modernization Act. However, more needs to be done, which is why this bill is imperative. Currently, a number of Canadian laws protect intellectual property rights.

As I mentioned earlier, an intellectual property right generally gives the holder protection against unauthorized use of their product. The Trade-marks Act and the Copyright Act allow intellectual property owners, be they individuals or companies, to institute civil proceedings when their rights have been infringed upon. However, these civil proceedings are so difficult, long and costly that the majority of victims feel that it is pointless to undertake them.

Bill C-56 intends to change that. It would provide rights holders with new tools to protect their intellectual property rights and take effective civil action against infringers. It creates new offences for trademark counterfeiting similar to those already in place for copyright piracy. As well, it would provide new criminal offences for the commercial possession, manufacture or trafficking of trademark counterfeit goods and copyright-infringement copies.

With this bill, rights holders would be able to file what is called a “request for assistance” with Canada Border Services Agency, which in turn would enable border service officers to share information with rights holders regarding suspect shipments. Border service officers would also have the authority to detain suspected shipments and share information with the rights holders. The bill would also strengthen the Trade-marks Act to support enforcement activities and better align Canada's intellectual property regime with international standards.

Counterfeiting is a very serious intellectual property violation that hurts us and like-minded countries. Canada has pledged to provide effective legal protection in accordance with the international agreements with our allies, such as the North American Free Trade Agreement.

National security and economic prosperity go hand in hand, and protection of our intellectual property is integral to this. Once passed, Bill C-56 would provide new tools to border service and law enforcement officers to enhance the security of Canada. It would reduce the presence of counterfeit goods in Canada, thereby protecting the integrity of our economy, supporting Canadian growth and job creation and helping to protect Canadians from the health and safety risks posed by harmful counterfeit goods.

In summary, this new legislation would protect Canadian consumers. It would protect Canadian manufacturers and Canadian retailers. It would protect the Canadian economy from the health and economic threats presented by counterfeit and pirated goods coming into our country.

Our government focuses on what matters most to Canadians, and our government will continue to stand up for Canadian consumers and businesses, ensuring that they do not fall victim to trademark counterfeiting. We will continue to create strong, modern rules to protect our economy and the health and safety of Canadians.

The bill before us today is just one more way we are moving forward with our plan for safe streets and communities, which is one of our key priorities on behalf of all Canadians. This plan focuses on strengthening legislation, tackling crime, supporting victims' rights and ensuring fair and efficient justice.

Today, with this legislation, we are covering off all the bases of the plan. We are strengthening current legislation by introducing new tools for rights holders to protect their intellectual property rights and take civil action against infringers. We are tackling serious and organized crime and are closing off one more avenue of financial profit for those who undertake illegal activity. We are supporting the rights of victims, not only those innocent Canadians who buy the counterfeit products but those rights holders whose trademark rights are illegally infringed. We are ensuring fair justice by giving rights holders the ability to pursue civil action.

Now is the time to implement legislation that will definitively address this issue. I therefore urge all members of the House to support the bill before us today and to work toward its expeditious passage.

Safe Streets and Communities ActGovernment Orders

September 28th, 2011 / 5:15 p.m.


See context

Conservative

Ed Holder Conservative London West, ON

Madam Speaker, I am pleased this afternoon to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

We all know that the safe streets and communities act proposes a wide range of reforms to strengthen the law's response to several things: child sexual abuse and exploitation, serious drug and violent property crimes, terrorism, violent young offenders, offender accountability and management, and the protection of vulnerable foreign workers against abuse and exploitation.

As many hon. members have noted, the bill brings together in one comprehensive package reforms that were included in nine bills that were put before the previous Parliament and that died on the order paper with the dissolution of Parliament for the general election.

I will itemize these. These former bills are: Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders); Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act; Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act; Bill C-23B, Eliminating Pardons for Serious Crimes Act; Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act; Bill C-54, Protecting Children from Sexual Predators Act; Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act; Bill C-59, Abolition of Early Parole Act; Bill S-7, Justice for Victims of Terrorism Act; and finally Bill S-10, Penalties for Organized Drug Crime Act.

Many hon. members have participated in several hours of debate today and ongoing debate from the last Parliament to now. It is clear that some do not share the same views as the government about the need to address crime in our society, the need to increase public safety, the need to better balance the role of victims in the justice system and the need to make offenders more accountable.

My remarks here today need not repeat what some of my hon. colleagues have already noted about the key features of Bill C-10 and the importance of these reforms. I propose to briefly comment on the important reforms proposed in Bill C-10 as they relate to the Youth Criminal Justice Act.

The Youth Criminal Justice Act came into effect in April 2003. The reforms now proposed in Bill C-10, Safe Streets and Communities Act, have been shaped by consultation with a broad range of stakeholders. After five years of experience with the Youth Criminal Justice Act, a review was launched by the Minister of Justice in 2008. This began with discussions with provincial and territorial attorneys general to identify the issues that they considered most important.

In May 2008, the Minister of Justice began a series of cross-country round tables, often co-chaired by provincial and territorial ministers, in order to hear from youth justice professionals, front-line youth justice stakeholders and others about areas of concern and possible improvements regarding the provisions and principles of the Youth Criminal Justice Act.

Input from individuals and organizations was also provided through the Department of Justice website, in letters and in in-person meetings. The results showed clearly that most provinces, territories and stakeholders believe the current youth legislation works well in dealing with the majority of youth who commit crimes. However, there were concerns about the small number of youth who commit serious, violent offences or who are repeat offenders who may need a more focused approach to ensure the public is protected.

Clearly, the message was to build upon the good foundation of the law and make much needed improvements and the reforms proposed in Bill C-10 reflect this. Although the Youth Criminal Justice Act is working well for most youth, particular elements of the act need to be strengthened to ensure that youth who commit serious, violent or repeat offences are held accountable with sentences and other measures that are proportionate to the severity of the crime and the degree of the responsibility of the offender.

There have been concerns voiced from many sources and this government has responded. The reforms included in Bill C-10, previously included in Bill C-4, known as Sébastien's law, would enhance our fair and effective youth justice system and result in a system that holds youth accountable for their criminal misconduct and promotes their rehabilitation and re-integration into society in order to promote the protection of the public.

In addressing amendments to the Youth Criminal Justice Act, it is important to note that the act's preamble specifically references that Canada is a party to the United Nations Convention on the Rights of the Child. The Youth Criminal Justice Act also recognizes that young persons have rights and freedoms, including those stated in the charter and the Canadian Bill of Rights. Nothing in Bill C-10 will impair these rights of young persons.

The Youth Criminal Justice Act provides for a range of responses that relate to the seriousness of the crime. These sentences also address the needs and circumstances of the youth and promote rehabilitation.

Amendments to the Youth Criminal Justice Act will ensure that young people under 18 who are serving a custody sentence will serve it in a youth custody facility. It will no longer be possible to put young people in adult prisons or penitentiaries, where the correctional regime is more suited to adults and where young people could all too easily become vulnerable to older, more hardened criminals. It is in the interests of the protection of society that young people become rehabilitated, and this amendment is aimed to ensure that this takes place.

While a sound legislative base is an essential part of ensuring that Canada has a fair and effective youth justice system, it is also essential to address the conditions that underlie criminal behaviour if we are to achieve any long-term or meaningful solution to the problem. Conditions such as addiction, difficult childhoods, mental health, fetal alcohol syndrome, or longer-term marginalization will continue to pose challenges to solving the problems of youth offending.

Our government has implemented various programs to assist in addressing these issues. The national anti-drug strategy has a significant youth focus. On the prevention front, the government has launched a national public awareness program and campaign to discourage our youth from using illicit drugs. The government has made funding available under the youth justice fund for pilot treatment programs that will assist with the rehabilitation of youth who have drug problems and are in the justice system, and for programs that are working toward preventing youth from becoming involved with guns, gangs and drugs.

Partnering with health, education, employment and other service providers beyond the traditional system, we can all work together. For example, through the youth justice fund the Department of Justice provided funding to a pilot program called Career Path, which offers a comprehensive specialized service for youth in the justice system who are at risk or are involved in gang activities. The program offers youth educational training and employment opportunities by connecting them with an employer who will also act as a mentor to facilitate making smart choices, foster pro-social attitudes, build leadership skills and gain valuable employability skills as a viable option to gang membership.

The reforms to the Youth Criminal Justice Act are essential and responsive and should be supported as a key part of a broader effort on the part of the government to prevent and respond to youth involved in the justice system.

I would like to bring it a little closer to home, if I may.

This is the story of Ann Tavares, of London, who suffered a huge loss in November of 2004 when Stephan Lee stabbed her son 28 times. Steven Tavares was an innocent victim who was in the wrong place at the wrong time. His death irreparably scarred the lives of those who loved him forever. That loss is what happened.

To compound her tragedy, her son's killer was found not criminally responsible due to mental disorder and sent to an Alberta hospital the following year. He was conditionally released in May 2008 and is now living in Alberta. All of this happened without notification to the victim's family or the public at large.

Suffering such a loss might have destroyed an individual. However, this became an impetus for Ann's quest to make others aware of what happened to her son and the lack of justice for this heinous crime. She has lobbied tirelessly against the inequities of the system, a system the government is trying to fix.

Ann strongly felt that there needs to be a connection between mental illness and crime. Specifically, she felt that the insanity defence needs to be banned. She felt that to say a perpetrator is not criminally responsible is too subjective. Mental impairment is a defence that anyone can claim. If someone commits a crime, that person should be punished.

She believes mental illness should not absolve someone from the crime they committed. The punishment needs to be based on the severity of the crime, and a fixed minimum time needs to be served before they are put back into the community. However, Ann did want good to come of her tragic situation. In addition to the punishment, she felt that the perpetrator should get mental health treatment, and that to protect innocent victims like her son and the community at large, such criminals should not be released into the community until they have been certified as not a risk to others.

I would like to expand on that through the questions and answers, if I might, Madam Speaker.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 5:40 p.m.


See context

Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Madam Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act.

Bill C-10 is comprehensive legislation that addresses a number of serious issues that are in front of mind for this government and for all Canadians.

It proposes legislative reforms to strengthen our existing responses to: child sexual abuse and exploitation as well as serious drug, violent and property crimes found in part 2, clauses 10 to 51; terrorism, found in part 1, clauses 2 to 9; violent young offenders, part 4, clauses 167 to 204; offender accountability and management, part 3, clauses 52 to 166; and the protection of vulnerable foreign workers against abuse and exploitation, part 5, clauses 205 to 207.

There can be no question that this is an important package of reforms. That is why we must take our task as lawmakers seriously, and study and pass these proposals to ensure the safety of all Canadians.

Bill C-10 compiles the reforms that were included in nine bills that were before the previous Parliament which died on the order paper with the dissolution of that Parliament for the general election. Former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders) is now in part 4 of Bill C-10. Former Bill C-5, Keeping Canadians Safe (International Transfer of Offenders) Act is now in part 3. Former Bill C-16, Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act is now in part 2. Former Bill C-23B, Eliminating Pardons for Serious Crimes Act is now in part 3. Former Bill C-39, Ending Early Release for Criminals and Increasing Offender Accountability Act is now in part 3. Former Bill C-54, Protecting Children from Sexual Predators Act is now in part 2. Bill C-56, Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act is now in part 5. Former Bill C-59, Abolition of Early Parole Act is now in part 3. Former Bill S-7, Justice for Victims of Terrorism Act is now in part 1. Former Bill S-10, Penalties for Organized Drug Crime Act is now in part 2.

Many of these former bills were previously debated, studied and some were even passed by the House of Commons. Therefore, they should easily be supported again in this Parliament.

I would like to focus the balance of my remarks on the proposals in Bill C-10 to better protect children against sexual exploitation, that being those reforms now in part 2 of this legislation that were previously in Bill C-54 in the last session of Parliament.

The reforms build on the government's well-established commitment and track record in delivering concrete measures tackling violent crime, and in particular to safeguard children against violent sexual offenders. For example, the Tackling Violent Crime Act, 2008 raised the age of consent of sexual activity from 14 to 16 years to better protect Canadian youth against adult sexual predators. It also better protected all Canadians against dangerous offenders by providing police, crown prosecutors and the courts with much needed tools to more effectively manage the threat posed by individuals who were at high risk of reoffending sexually and violently.

While it is true that our existing criminal laws addressing child sexual abuse and exploitation are already comprehensive and robust, there is always room for improvement. We should never be complacent in ensuring that we are doing all we can to safeguard such a vulnerable segment of the Canadian population.

This point is underscored by Statistics Canada's Canadian Centre for Justice Statistics Juristat article “Police-reported crime statistics in Canada, 2010”, released on July 21, 2011, which reported increases in the rates of child pornography offences as up 36% and sexual assault as up 5%.

The proposed reforms in Bill C-10 are both timely and welcome. They address clear gaps in our existing laws. The address the gap created by inconsistent penalties for sexual assault offences where the victim is a child and the gap that now exists because some of the preparatory conduct engaged in by child sex offenders is not criminalized. They fill a gap in our existing measures to help prevent known or suspected child sex offenders from engaging in conduct that could facilitate their sexual offences.

The proposals in Bill C-10 seek to ensure that all sexual offences involving a child are treated equally, seriously and consistently. They do so by: proposing to impose new mandatory minimum penalties for offences involving child victims that currently do not carry minimum penalties; increasing the mandatory minimum penalties for some child sex offences that are already imposed; and, by increasing the maximum penalties on some other offences. Once these reforms are enacted, there would be a consistent approach to sentencing in all sexual assault cases involving child victims.

Child sexual assault could be charged under any of the child-specific sexual offences or under the general sexual assault offences that also apply to adult victims. Currently, 12 but not all child-specific sexual offences impose mandatory minimum penalties and none of the general sexual assault offences impose mandatory minimum penalties.

In practice, this means that the overwhelming majority of child sexual assault cases do not carry mandatory minimum sentences. This is because the majority of child sexual offences are charged under the general sexual assault offence in section 271, which does not currently impose a mandatory minimum sentence of imprisonment. That is 80% of all child sex offences charged in 2008. The source of this information is Statistics Canada's Canadian Centre for Justice Statistics Uniform Crime Reporting Survey, UCR2. It is very current data.

If we take as our starting point the universally shared view that all child sexual abuse must be strongly condemned and that mandatory minimum penalties are exceptional in the Criminal Code and are reserved for those crimes that Parliament determines must be strongly denounced and deterred, it should be obvious to all that the current use of mandatory minimum sentences for some but not all sexual offences involving child victims is just wrong. That sends a message to some victims that their experience of sexual assault is less serious than that of other child victims. It also sends a message to child sex offenders that they should try to plea bargain for charges under offences that do not impose mandatory minimum penalties.

Bill C-10 contains fundamental legislative safeguards for all Canadians. I call upon the opposition members to put an end to their attempts to obstruct the bill and to support our efforts to keep Canadians safe.

Safe Streets and Communities ActGovernment Orders

September 27th, 2011 / 12:40 p.m.


See context

Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I am pleased to participate in the second reading debate on Bill C-10, the Safe Streets and Communities Act. It is a bill that is very important to residents in my riding of Bruce—Grey—Owen Sound and certainly across Canada.

The June 2011 Speech from the Throne recognized the government's fundamental duty to protect the personal safety of all Canadians. Toward this end we have committed to reintroduce law and order legislation to combat crime, including protecting children from sex offenders, eliminating house arrest and pardons for serious crimes, and protecting the most vulnerable in society, our children.

Bill C-10 supports this commitment. It is a comprehensive package of law reforms that had been proposed in nine bills before the previous Parliament, but which died with the dissolution of that Parliament for the general election.

Part 1, clauses 2 to 9, of Bill C-10 includes reforms to support victims of terrorism. These were proposed in former Bill S-7, the Justice for Victims of Terrorism Act.

Part 2, clauses 10 to 51, proposes sentencing reforms to address child sexual exploitation, serious drug offences, and to eliminate the use of conditional sentences for serious, violent and property crimes. It incorporates reforms that were proposed in former Bills C-54, the Protecting Children from Sexual Predators Act, S-10, the Penalties for Organized Drug Crime Act and C-16, the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act.

Part 3, clauses 52 to 166, includes post-sentencing reforms to increase offender accountability, eliminate pardons for serious crimes, and revise the criteria for determining international transfers of Canadian offenders. These reforms were proposed in former Bills C-39, the Ending Early Release for Criminals and Increasing Offender Accountability Act, C-23, the Eliminating Pardons for Serious Crimes Act, C-59, the Abolition of Early Parole Act and C-5, the Keeping Canadians Safe (International Transfer of Offenders) Act.

Part 4, clauses 167 to 204, proposes reforms to the Youth Criminal Justice Act to better protect Canadians from violent young offenders. These had been proposed in former Bill C-4, Sébastien's Law (Protecting the Public from Violent Young Offenders).

Part 5 of Bill C-10 proposes amendments to the Immigration and Refugee Protection Act to protect foreign workers against abuse and exploitation, including sexual exploitation and human trafficking. These amendments had been proposed in former Bill C-56, the Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act.

Many of these proposed reforms were debated and studied in the previous Parliament. I welcome their reintroduction in this new Parliament.

I will focus my remaining time on Bill C-10's proposal to better protect children against sexual exploitation.

As with its predecessor Bill C-54, the objectives of Bill C-10's child sexual exploitation reforms are twofold. First, they seek to ensure that for sentencing purposes all child sexual offences are treated severely and consistently. Second, they seek to protect children by preventing the commission of these offences. Bill C-10 does this by imposing stiffer and stronger penalties.

Bill C-10 proposes numerous amendments to enhance the penalties or sentences of imprisonment that are currently imposed for sexual offences involving child victims. It imposes new or higher mandatory minimum sentences of imprisonment as well as higher maximum penalties for certain offences.

Currently, the Criminal Code has an inconsistent approach regarding penalties for sexual offences involving a child victim. For instance, there are 12 child-specific sexual offences that impose a mandatory minimum sentence of imprisonment, yet there are other child-specific offences that do not impose a minimum penalty.

Similarly, the general sexual offences that apply to both adult and child victims alike do not impose any mandatory minimum penalty where the victim is a child.

As the grandfather of two granddaughters, one six years old and the other three years old, this means a lot to me. The bill serves to strengthen the laws that protect our children and the vulnerable. There should be no question about supporting this bill.

Mandatory minimum penalties are exception In the Criminal Code of Canada. Generally, they have been imposed because Parliament has determined that the nature of a particular offence is sufficiently serious to include a sentence of imprisonment. That sentence was devised to best reflect the facts and circumstances of the case and does not get lost between the mandatory minimum period of time to the prescribed maximum penalty. Where mandatory minimum sentences are imposed, a conditional sentence of imprisonment is never appropriate for the offence.

Given this understanding of mandatory minimum sentences of imprisonment, the effect of imposing these in only some but not all sexual offences where the victim is a child suggests that some child sexual offences are more serious than others. It is ludicrous to suggest that some child victims have been less victimized than others. I cannot understand that thought process.

In my view, this contradicts a fundamental value of Canadian society, namely that all children are among our most vulnerable and that all are deserving of equal protection against all forms of child sexual abuse and exploitation. Therefore, I welcome the proposals of Bill C-10 to impose mandatory minimum sentences for seven sexual offences wherein the victim is a child and where currently mandatory minimum sentences are not imposed.

Bill C-10 also proposes to impose higher mandatory minimum sentences for nine offences that already carry a minimum sentence. These increases would ensure that the minimum sentence is not only in line with the offence in question but also is coherent with the minimum sentences imposed for other offences.

As well, Bill C-10 proposes to create two new offences to prevent the commission of a contact sexual offence against a child. Both of these offences would also impose mandatory minimum sentences.

I would also note that Bill C-10 proposes a few sentencing reforms that were not included in Bill C-54. These changes are entirely consistent with the overall sentencing objectives of former Bill C-54 and seek to better reflect the particularly heinous nature of these offences.

Finally, these changes would increase the maximum penalty and corresponding mandatory minimum sentences for four child sex offences. When proceeded on summary conviction, subsections 163.1(2), making child pornography, and 163.1(3), distribution, et cetera, of child pornography, propose to increase the maximum penalty from 18 months to 2 years less a day as well as increase the current minimum sentence from 90 days to 6 months.

In section 170, parent or guardian procuring sexual activity, the bill proposes to increase the minimum penalty from 6 months to 1 year and the maximum penalty from 5 years to 10 years where the victim is under the age of 16 years, and the minimum from 45 days to 6 months and the maximum from 2 years to 5 years respectively where the victim is 16 to 17 years old.

I hope that all hon. members will work with us to support the expeditious enactment of these much needed reforms.

In closing, as members of Parliament we all have a number of issues that come before us. In my seven years in this great place the one thing that I consistently hear from my constituents, especially those with children, young children and grandchildren, is the lack of rights for victims in this country. We worry more about the rights of criminals than victims, which is a sad case. The pendulum has swung too far one way. I am proud to be part of a government that would straighten that out.

I look forward to all hon. members in the House supporting Bill C-10.

Safe Streets and Communities ActGovernment Orders

September 21st, 2011 / 5:40 p.m.


See context

Moncton—Riverview—Dieppe New Brunswick

Conservative

Robert Goguen ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I am honoured to rise here today to speak at second reading of Bill C-10, the Safe Streets and Communities Act.

As many of my colleagues know, this government committed to introducing once again—yes, once again—any law and order bills that died on the order paper at the dissolution of the 40th Parliament.

The proposed changes aim, for example, to protect children from sexual crimes, to clarify ineligibility for conditional sentences and pardons, and to protect other vulnerable members of our society.

With all that in mind, the bill before us constitutes a comprehensive bill incorporating all the changes previously proposed in nine separate bills introduced during the previous parliament.

The first part of the bill—clauses 2 to 9—contains the changes suggested in the former Bill S-7, the Justice for Victims of Terrorism Act.

Part 2 contains clauses 10 to 51 of the bill, which include the amendments found in former bills C-54, the Protecting Children from Sexual Predators Act, which was designed to protect children from sexual predators and certain sexual offences; C-16 , the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act, intended to limit the use of conditional sentences; and S-10, the Penalties for Organized Drug Crime Act, to increase sentences for serious drug-related offences.

Part 3—clauses 52 to 166—includes measures to increase the accountability of offenders, eliminate pardons for serious crimes and modify the factors considered in the international transfer of Canadian offenders. These amendments were contained in former bills C-39, the Ending Early Release for Criminals and Increasing Offender Accountability Act; C-23B, the Eliminating Pardons for Serious Crimes Act; C-59, the Abolition of Early Parole Act; and C-5, the Keeping Canadians Safe (International Transfer of Offenders) Act.

Part 4 of the bill—clauses 167 to 204—amends the Youth Criminal Justice Act to better protect Canadians against violent young offenders. These amendments were included in former Bill C-4 , Sébastien's Law (Protecting the Public from Violent Young Offenders).

The last part of the bill—clauses 205 to 207—proposes amendments contained in former Bill C-56, the Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act, that would amend the Immigration and Refugee Protection Act in order to protect workers who want to work in Canada and are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

In particular, I would like to elaborate on clause 34 of Part 2 of the bill, which seeks to curtail the use of conditional sentences for some property crimes and other serious crimes.

As I mentioned earlier, these amendments were contained in a previous bill, Bill C-16, which died on the order paper with the dissolution of the third session of the 40th Parliament. However, there are some technical differences, which I will discuss later.

Currently, under the Criminal Code, conditional sentencing, sometimes referred to as house arrest, can be imposed when an offence is not punishable by a mandatory minimum sentence and the court hands down a prison sentence of less than two years.

In fact, since December 2007, conditional sentences have no longer been available for indictable offences with a maximum prison sentence of 10 years or more in the case of serious personal injury offences, terrorism offences or organized crime offences.

What is more, the court imposing a conditional sentence has to be satisfied that serving the sentence in the community will not jeopardize the safety of the community and that the sentence is consistent with the fundamental purpose and principles of sentencing.

It is important to note that the fundamental purpose of sentencing, as set out in section 718 of the Criminal Code, is to contribute to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: to denounce unlawful conduct; to deter the offender and other persons from committing offences; to separate offenders from society, where necessary; to assist in rehabilitating offenders; to provide reparations for harm done to victims or the community; and to promote a sense of responsibility in offenders.

The Criminal Code also informs us that a just sanction is a sanction that is proportionate to the gravity of the offence and the degree of responsibility of the offender. To achieve this, the courts take into consideration aggravating and mitigating factors in each case. Before describing the key aspects of the proposed changes, I want to provide some background on the provisions in the Criminal Code on conditional sentences.

Conditional sentencing came into effect in 1996, when the government wanted, among other things, to reduce excessive use of incarceration for less serious crimes. I repeat: less serious crimes. Moreover, the information document that accompanied these sentencing reforms states that the addition of conditional sentencing as a new form of sentencing means that offenders who have committed a less serious crime and who otherwise would be incarcerated can serve their sentence in the community under close supervision.

The limits that I mentioned earlier were established in order to guarantee that conditional sentences could be given only for less serious crimes, in keeping with the fundamental principles and purpose of sentencing. However, in the years following the creation of this type of sentencing, there has been a complete lack of consistency when it comes to determining when conditional sentencing is appropriate.

At the time, many court decisions gave a conditional sentence for serious and violent crimes. This contributed to the public's loss of faith in the justice system. Clearly, many people, and some provinces and territories, wondered whether the limits on conditional sentencing set out in the Criminal Code were sufficient.

In order to deal with this lack of consistency in conditional sentencing, this government introduced Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) on May 4, 2006. This bill proposed the elimination of conditional sentencing for any indictable offence with a maximum prison sentence of 10 years or more. However, Bill C-9 was amended by the opposition parties to limit the ban on conditional sentencing to indictable offences with a maximum prison sentence of 10 years or more that constitute serious personal injury offences, terrorism offences or criminal organization offences. These amendments took effect on December 1, 2007.

The definition of serious personal injury was developed in the context of dangerous offenders, which is why this definition is found in part 24 of the Criminal Code. According to this definition, serious personal injury offences include any indictable offence, other than high treason, treason, first degree murder or second degree murder—punishable by at least 10 years in prison—involving the use or attempted use of violence against another person, or conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person.

The second part of this definition is clearer, as it lists sexual assault, sexual assault with a weapon and aggravated sexual assault as serious personal injury offences.

It is important to understand that the opposition parties borrowed a term straight from the dangerous offender regime in order to put limits on a sentence that should only be applied to less dangerous offenders. That created two philosophical approaches for interpreting the definition of serious personal injury in the context of conditional sentencing.

Another issue with the definition of serious personal injury is that it only targets violent offences. The definition of serious personal injury cannot ensure that a conditional sentence will not be used in the case of serious fraud or theft over $5,000.

The amendments in this bill will ensure that certain non-violent serious offences will still be treated as serious offences, thus avoiding the use of conditional sentencing. The amendments to the conditional sentencing regime proposed in this bill aim to establish clear benchmarks to allow for consistent use of conditional sentencing in order to respect Parliament's intention when it created this sentence.

That is why the bill proposes eliminating the reference to serious personal injury offences and restricting the availability of conditional sentences for all offences for which the maximum term of imprisonment is 14 years or life.

The same will apply to indictable offences punishable by a maximum of 10 years' imprisonment when they result in bodily harm, involve the import, export, trafficking or production of drugs or involve the use of weapons.

When an offence is committed under these circumstances, it is even more important to deter the offender and denounce the crime. This justifies restricting the availability of conditional sentences in such cases. It is possible however that the limits I just described do not cover all offences prosecuted by way of indictment and punishable by a maximum of 10 years in prison.

Therefore, the bill also proposes limiting the availability of conditional sentences for prison breach, criminal harassment, sexual assault, kidnapping, trafficking in persons, abduction of a person under 14, motor vehicle theft, theft over $5,000, breaking and entering a place other than a dwelling-house, being unlawfully in a dwelling-house, and arson for fraudulent purpose.

As I mentioned at the beginning of my speech, there are technical differences between the changes proposed in this bill and those contained in the former Bill C-16.

For example, Bill C-16 proposed the abolition of conditional sentencing for the offence of luring a child, described in section 172.1. This is no longer on the list of offences that would not be eligible for conditional sentencing, since article 22 of this bill proposes a minimum punishment of imprisonment for a term of one year in the case of an indictable offence, or 90 days in the case of a summary conviction.

Another change from Bill C-16 is that the list of offences that are no longer eligible for conditional sentence includes the new offence of motor vehicle theft, described in section 333.1 of the Criminal Code.

The final change would correct an error that slipped into Bill C-16. That bill did not include the offence of abduction of a person under 14 by a parent or guardian. The intent was, however, to target the offence described in section 281 of the Criminal Code, which has to do with the abduction of a person under 14 by a stranger.

I want to reassure my colleagues that even though the reference in section 742.1 to serious personal injury offences is set to be eliminated, the changes in this bill will ensure that those who are convicted of sexual assault, sexual assault with a weapon and aggravated sexual assault will not be eligible if prosecuted by way of indictment.

Note also that conditional sentencing will no longer be available for persons convicted of sexual assault against a person 16 or under since clause 25 of the bill proposes a minimum sentence of one year when the offence is prosecuted by way of indictment, and 90 days on summary conviction.

This government is addressing the concerns of Canadians who no longer want to see conditional sentences used for serious crimes, whether they are violent crimes or property crimes.

For the reasons I have just mentioned, I urge my fellow members of this House to unanimously support the proposed changes to the conditional sentencing system.

Opposition Motion—Confidence in the GovernmentBusiness of SupplyGovernment Orders

March 25th, 2011 / 10:30 a.m.


See context

Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I will be sharing my time with my hon. colleague from Carleton—Mississippi Mills, the chief government whip.

I rise today to speak to the motion introduced by the Leader of the Opposition on a matter of non-confidence in the government.

I wish I could say I am pleased to make this speech today, but I am not. In fact, I am saddened that a Parliament, which has accomplished a lot recently, will come to an end because of the reckless actions of the Liberal, Bloc Québécois and NDP coalition in forcing an unwanted and unnecessary election on Canadians.

Yesterday, I listed 10 important government bills which had received royal assent this week, bills like Bill S-6 to eliminate the faint hope clause, Bill C-48 to eliminate sentencing discounts for multiple murderers and Bill C-59 to get rid of early parole for white-collar fraudsters, a bill the Liberal leader opposed. That was a very positive week.

We also tried to pass important bills like Bill C-49, which would crack down on human smugglers and those who would take advantage of our generous immigration laws, and Bill S-10, which would get tough on drug dealers and date rape artists who would target our youth. I stood in this place just yesterday and asked for those bills to be passed. What was the response from the opposition coalition in passing these bills? No. No to getting tough on human smugglers. No to getting tough on drug dealers.

Instead, we find ourselves here today faced with the most partisan of attacks from an opposition coalition bent on defeating this government at all costs.

I know the Liberal members over there claim that the government was found to have done something wrong. What they are not telling Canadians is that this was an opposition-stacked committee that used the tyranny of the majority to get the predetermined outcome it wanted. Let us be clear. It was predetermined. After all, the members for Kings—Hants, Ottawa South, Joliette and Acadie—Bathurst said so in the media.

In my speech I could focus on all the abuses of parliamentary democracy and the absolute contempt that the opposition demonstrated, not just at that committee but on virtually every other committee of the House in overruling chairs, in making political decisions, ignoring the rules of this place, and on and on.

One may ask why we have never heard about these things. It is because the opposition coalition has a majority on every committee. Its members were the ones who demonstrated real contempt for Parliament, and they will have to answer to the Canadian people for that.

Let us be clear about what this vote of non-confidence is really about. It is a vote against the next phase of Canada's economic action plan. It is a vote against our low tax plan for jobs and economic growth. It is a vote against hard-working Canadians and their families. It is a vote that will weaken Canada's economic recovery.

It is a vote against the budget. It is a vote against our plan.

Let us be clear. The latest phase of Canada's economic action plan encourages owners of small businesses to hire more people. It provides potential employees with new opportunities to train and to hone those skills. It invests in innovation. It lays the groundwork for private sector growth to replace government stimulus. This is good for all Canadians in every region of our great country from coast to coast to coast.

For seniors across Canada, I am proud to report that our government is delivering once again. For the poorest of seniors, we are providing an important hike to the guaranteed income supplement. For people caring for infirm loved ones, we are providing support in the form of a $2,000 tax relief credit. For the many public servants who make their homes in my riding, we are providing a guarantee that we will not slash programs and eliminate jobs as the Liberals did in the mid-1990s. Instead, we will provide a strategic review to enhance efficiency and reduce overall overhead with minimal impact on service to Canadians.

I was pleased to see included a request from the Canadian fire chiefs to provide for our volunteer firefighters. Next week we could be enacting that tax credit in law, but it will not happen because of the Liberal-led coalition.

I hope Canadian colleges and universities will drive innovation and help Canada forge closer ties with promising markets like India's. Carleton University made a great proposal to do just that, but it will have to wait. We will certainly be supporting our students in new ways.

I am especially proud to say that our government is providing real support to people who find their pensions at risk because their employer goes bankrupt. The budget would provide at least some help from the federal government to the former Nortel workers, despite the fact their pension plans were provincially regulated. It is something.

Unlike previous but misguided efforts in this place, this will not hurt Canadian businesses.

In short, Canada's economic action plan is another huge help for people in my riding of Ottawa West—Nepean. It will be a huge help to my home province of Ontario. We are working closely with the government of Dalton McGuinty to cut corporate taxes to make Ontario and Canada a magnet for jobs, investment and opportunity. It will be a huge help from coast to coast to coast right across our great country. It will help secure our economic recovery. It will help create jobs and it will support all Canadians.

By voting against this motion of non-confidence in our government, the opposition coalition can stop this unnecessary and unwanted election later today. I want to urge the opposition to reconsider its support for an unnecessary and costly election. I hope it will vote for the things Canadians find truly important, for the measures that will help so many right across the country.

I move:

That this question be now put.

Business of the HouseOral Questions

March 24th, 2011 / 3:05 p.m.


See context

Conservative

John Baird Conservative Ottawa West—Nepean, ON

When members are called smug, they all cheer and applaud.

As for the business of the House, I believe the minister responsible for the Status of Women has a motion that she would like to move after I have concluded my response to the Thursday question. Following that, without anticipating the outcome of any vote of the House, there seems to be an appetite to allow members who will not be running in the next election to have two minutes each to make statements. Following these statements, we will continue with day one of the budget debate.

Tomorrow we will consider the last allotted day in this supply period. I do not know why the opposition coalition is talking about ending this very productive Parliament to force an unwanted and unnecessary election. Recent weeks have led me to conclude that this is the most dysfunctional Parliament in Canadian history.

Yesterday our Conservative government achieved royal assent for the following bills: Bill S-6 to eliminate the faint hope clause; Bill C-14 to provide hard-working Canadians some fairness at the gas pumps; Bill C-21 to crack down on white collar crime; Bill C-22 to crack down on those who would exploit our children through the Internet; Bill C-30, R. v. Shoker; Bill C-35 to crack down on crooked immigration consultants; Bill C-42 to provide aviation security; Bill C-48 to eliminate sentencing discounts for multiple murderers; Bill C-59 to get rid of early parole for white collar fraudsters, a bill the Liberal government opposed but the Bloc supported; Bill C-61, the freezing of assets of corrupt regimes; and Bill S-5, safe vehicles from Mexico. What a legacy for the Minister of Transport, Infrastructure and Communities.

The work of this Parliament is not done. There are a number of key and popular government bills that Canadians want. Next week, starting on Monday, we will call: Bill C-8, the Canada-Jordan free trade agreement; Bill C-46, the Canada-Panama free trade agreement; Bill C-51, investigative powers for the 21st century; and Bill C-52, lawful access.

Does the Minister of Justice ever stop fighting crime? He gets more and more done. In many respects, as House leader I am like the parliamentary secretary to the Minister of Justice.

Of course, we need to complete the budget debate to implement the next phase of Canada's economic action plan, a low tax plan for jobs and growth. Therefore, Tuesday we will debate day two of the budget, Wednesday we will debate day three of the budget and on Thursday we will debate day four of the budget. We have lots to do and I suggest to the members across that we turn our attention back to serving the interests of the public.

While I am on my feet, I would like to serve those interests by asking for unanimous consent for the following motion. I move that, notwithstanding any Standing Order or usual practices of the House, Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act shall be deemed to have been read a second time, referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Public SafetyOral Questions

March 24th, 2011 / 3 p.m.


See context

Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, I would like to thank the member for her question and her hard work on the file.

I am very pleased to inform the House that yesterday Bill C-59, abolishing accelerated parole, received royal assent.

However the news is not all good. Shockingly, each and every Liberal senator stood in their place and voted to put car thieves, drug dealers and white collar fraudsters like Earl Jones back on the street early. We do not expect the Liberal member for Lac-Saint-Louis to help, but we sure could count on Senator Larry Smith.

Public SafetyOral Questions

March 24th, 2011 / 3 p.m.


See context

Conservative

Dona Cadman Conservative Surrey North, BC

Mr. Speaker, just a few short weeks our Conservative government once again demonstrated that we will stand up for victims.

This House passed Bill C-59 which would end the shameful practice of releasing criminals after a mere one-sixth of their sentence.

Sadly, the member for Ajax—Pickering said it would be better for inmate morale if criminals were let out, serving just a small fraction of their sentence.

Could the minister please update the House on the progress of this bill?

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, the announcement you just made regarding Bill C-59 is a great response to the question that the Minister of Foreign Affairs asked today about the Bloc's achievements. That bill is one of the Bloc's achievements. The Bloc Québécois inspired and brought forward the bill to abolish parole after one-sixth of the sentence is served.

During this adjournment debate, I would like to discuss the question I asked on November 25 regarding arts and culture. Several of the people who promote our artists abroad noted that abolishing the programs for artists touring abroad had adversely affected the competitiveness of our artists and the dissemination of Quebec and, obviously, Canadian culture. It was a very bad idea, both from the cultural and economic points of view, for the Minister of Canadian Heritage to decide to abolish the programs for cultural tours.

At that time, the minister told me that the real issue was when would the Bloc vote in favour of their budget, which provided unprecedented funds to assist our artists on the international scene. I must say that the minister misled the House because a deputy minister from the Department of Canadian Heritage has officially submitted a document to the Standing Committee on Canadian Heritage, revealing that in 2010-2011 there was a 7% or $27 million cut to the budget for arts and culture. It is therefore completely false to say that the government's budget gives unprecedented funds to help artists on the international scene. It is even a bit ridiculous.

Nevertheless, the Minister of Canadian Heritage always comes back to the same thing: the Bloc voted against the budget. This is untrue. The Bloc Québécois votes in favour of motions when they are good for Quebec and votes against them when they are not. The Bloc Québécois voted in favour of the 2006 and 2007 budgets when fewer cuts were being made by the Conservative government.

We are raising the issue of the International Exchange for the Performing Arts, CINARS, again this week. The request this organization made to the Department of Canadian Heritage last April for $77,500 in funding for an important arts and culture activity that it holds year after year was refused. In the past, CINARS has always received funding for its activities, which consist of a forum and a training seminar, which began in 1993 and 1999.

The eligibility criteria for the program have not changed over the past few years. Nothing has changed. It is the same program, the same applicant and the same activity. The organization even asked for approximately the same amount of funding—$77,500. Yet, all of a sudden, a new element appeared: a “no”.

Was it the office of the Minister of Canadian Heritage or was it the Minister himself who said “no” and vetoed this request for funding that had no reason to be denied, much as the Minister of International Cooperation did before him?

The Deputy Speaker Andrew Scheer

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

March 23, 2011

Mr. Speaker:

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bill listed in the schedule to this letter on the 23rd day of March, 2011 at 5:57 p.m.

Yours sincerely,

Stephen Wallace,

Secretary to the Governor General and Herald Chancellor

The schedule indicates the bill assented to was Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts.

Message from the SenatePrivate Members' Business

March 23rd, 2011 / 5:45 p.m.


See context

The Deputy Speaker Andrew Scheer

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bill: Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts.

TaxationOral Questions

February 18th, 2011 / 11:50 a.m.


See context

Oxford Ontario

Conservative

Dave MacKenzie ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I can tell the member that the victims of Earl Jones and other large frauds wonder what that party did for 13 years. They wonder what that party is doing right now on Bill C-59 and why those members did not support the bill.

It is high time that members listened to their constituents. I know that Senator Larry Smith is listening to constituents. I wish the Liberals would.

TaxationOral Questions

February 18th, 2011 / 11:50 a.m.


See context

Oxford Ontario

Conservative

Dave MacKenzie ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, this is ironic. This issue came up in the House this week with Bill C-59. The victims of Earl Jones have been very clear on their expectations of the party opposite. They have been sadly let down. They were the first to tell us that.

I wish the member would have stood in his place and supported Bill C-59, but he remained silent.

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 5 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to rise today to speak to the Liberal opposition day motion. I must admit that this is one opposition day motion I like a lot and that my party will be supporting.

I would like read the motion. I listened to a lot of speeches and I never heard one word by any government member dealing with this motion in any way, shape or form. It reads as follows:

That, given the undisputed privileges of Parliament under Canada's constitution—

—and, obviously, the government does not believe that because it is disputing it—

—including the absolute power to require the government to produce uncensored documents when requested, the government's continuing refusal to comply with reasonable requests for documents, particularly related to the cost of the government's tax cut for the largest corporations and the cost of the government's justice and public safety agenda, represents a violation of the rights of Parliament, and this House hereby orders the government to provide every document requested by the Standing Committee on Finance on November 17, 2010, by March 7, 2011.

That is the actual wording of the Liberal opposition motion today. The question is why a party in the House would have to bring a motion like this in the first place. There are many other topics the Liberal Party could be dealing with and that we could debating today in the House, rather than presenting a motion requiring the government to do something that any sensible government would and should do in the first place.

A member of the Bloc spoke earlier today and I was rather impressed by his comments when he was drawing the parallel between this particular fight and the fight last year with the government over the Afghan detainee issue.

At that time the government said it could not provide the information because it involved national security. It was able to sell that argument to the public somewhat. Some members of the public might believe there may be some national security aspect to the information and that it should not be released.

However, the member went on to say that the information we are asking for now is the costing of tax cuts into the future. It is actually a projection. How could that possibly be called a national security question? If the Conservatives do not call it that, they will call it something else.

What possible argument could they have for not providing the information? Obviously they did not have an argument because, at the end of the day, they ended up tabling information just a couple of hours ago, which we have not had a chance to thoroughly digest yet. However, from what we can see of the information, it is certainly not the complete or full information that we would expect before we are required to make parliamentary decisions in the House, which could have long-lasting effects and cost billions of dollars.

The second part of the motion is the cost of the public safety bills. This is an issue that has been before the House for some time. There has been a lot of debate about it. We know that in other jurisdictions, the United States and elsewhere, there is a requirement that when a bill is brought in, it be fully costed.

As I had indicated briefly before, during election campaigns, reporters will be chasing all party leaders for costing of items. It is just something that is done. Why and how the government thought that somehow it could bring in this whole program of so-called tough on crime initiatives without anyone asking whether there was a cost to these items was absolutely crazy for them.

Therefore, we know the government has the information and we have been asking for it. Just two days ago in a committee meeting on Bill C-59, the Abolition of Early Parole Act, the Liberal member for Brampton West asked a question of Ms. Mary Campbell, the director general of the Corrections and Criminal Justice Directorate at Public Safety Canada. He asked her if she had the information regarding Bill C-59 in terms of its cost, and if she could not provide it, did she have it all.

Her answer was, “I have most of that information. It's part of my responsibility in terms of developing legislation to consider costs. Yes, I have most of that information or access to it.”

She told the member for Brampton West that if she did not have it, she had access to the information he was looking for.

However, she also said that the issue was the disclosure of it. She stated, “As I said, the government has indicated it's a cabinet confidence.”

Therefore, the member for Brampton West continued, “So you've provided the costing information to the government about what it would cost for these changes?”, meaning Bill C-59.

She responded, “I said that I have the information or access to it. I really can't talk about what I've provided the government in any detail because I think that is cabinet confidence of advice.”

Finally, the member for Brampton West asked, “So if the government asked you, in theory, to provide it, you would be able to answer that question for them?”

She stated, “I think I'm able to answer almost all questions that I'm asked about legislative proposals.”

There is the answer to the question. The information is available just like we knew it would be. The information is there. The Liberal member asked three times at committee and Ms. Campbell said she had it and had access to it, but she could not give it to him because the government said it was a confidence issue and, therefore, he could not have that information.

That is a terrible way to be running a government. It is little wonder that the government finds us quite upset with the approach it takes and that the Liberal Party has brought in its motion, which will get the approval of all three parties in the House.

The government knows it is not a matter of national security. Therefore, it knows it will have to provide the information sooner or later. Therefore, perhaps the government thinks that somehow this information will be damaging if the public were to know how much it would cost to implement a crime bill.

Given that the Conservatives know when the election is going to be, or at least they think they know, perhaps their strategy is to put this off until after an election. The Conservatives want the benefit of running on the tough on crime agenda but not have to answer any questions on what the cost of that agenda would be. That is my guess at this point, because I know that the government will have to provide the information.

Some of this information can be put together just by extrapolation. The member for Windsor—Tecumseh has done calculations. In the case of the two-for-one remand credits, the member for Ajax—Pickering asked the government what those would cost. I believe he was told that the cost would $90 million. When he consulted with the Parliamentary Budget Officer, the latter said, no, the cost would $2 billion a year. Of course, the final costs are projected to be somewhere in the $10 billion to $13 billion range.

Also, there are implications for the provinces. No less than a few days ago, we had the Premier of Ontario being quoted in one of the national newspapers as saying that the federal government was simply transferring costs to the provincial governments. With the Conservative government planning to bring in $9 billion worth of prison development in the near future, we are going to see a lot of that cost absorbed by the provinces.

The provinces will be under a lot of pressure as they are already. The federal government will not just assume the extra costs, the provinces will as well. The government is off-loading part of that agenda onto the various provinces. The provinces are probably fearful of that, which, to me, is probably the reason the government is trying to hide the information.

When we ask for information from the government and, if it is a straightforward answer, it provides it. If the government does not see any negatives in providing us with the information, it will provide it to us. There is a lot of concern on the government's part about providing this information, perhaps because it thinks members of the public will be upset when they find out the true cost.

Bill C-59 was a good example. All the presenters at committee simply wanted their money back. They were not there to hear about the parole law for white-collar criminals in jail being changed from one-sixth to one-third. They will be quite surprised with the tough on crime government when they find out that Mr. Jones will stay in prison for an extra year. He received an 11 year sentence--

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 4:25 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I listened to the parliamentary secretary's speech, which was full of very good information, but not one word of it had to do with the Liberal opposition day motion we are talking about today.

The fact of the matter is that the government has been hiding information from the House on a consistent basis for a long time. Last year, it argued about the release of Afghan detainee documents on the basis of national security. The government had to be dragged kicking and screaming and we had to have a Speaker's ruling on the issue before the government would comply. Now it would like us to believe that somehow the cost of tax credits and of a public safety bill is a national security issue as well.

The question is why is the government trying to hide this information? The government clearly has it, because Mary Campbell, the director general of the Corrections and Criminal Justice Directorate, Public Safety Canada, at the committee hearings just two nights ago on Bill C-59, indicated that she had the information but that the government would not let her give it out.

The question is, why is the government afraid of letting this information out? Does it think it is going to be embarrassing? Does it think it is going to change people's minds against the crime bill?

Is its strategy to make certain that the information does not get out until after an election? Is that what its strategy really is all about?

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 3:40 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, two days ago we had a committee hearing regarding Bill C-59, Abolition of Early Parole Act. The member for Brampton West asked Mary Campbell, the director general of Corrections and Criminal Justice Directorate, Public Safety Canada a question about information regarding the crime bill in terms of what it was going to cost. She said, “I have most of that information. It's part of my responsibility in terms of developing legislation to consider costs. Yes, I have most of that information or access to it“.

The problem is the government refuses to allow her to give the information. She went on to say in response to a second question from the member, “I said that I have the information or access to it. I really can't talk about what I've provided the government in any detail because I think that is cabinet confidence...”.

The final question by the member was, “So if the government asked you, in theory, to provide it, you would be able to answer that question for them”?

Mary Campbell said, “I think I'm able to answer almost all questions that I'm asked about legislative proposals”.

There we have it. The government is caught deliberately hiding when we know it has the information because the director general of Corrections and Criminal Justice Directorate said so three times at a committee two nights ago.

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 1:20 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, last night we had a take note debate on the promotion of democracy in Iran. The government members spoke all night long about how important it was for the Canadian government to take an active interest in promoting democracy in Iran. Two weeks ago we had a take note debate on democracy in Egypt. Perhaps we should have a take note debate on democracy here in Canada.

We have a Conservative government that is deliberately hiding information from members of Parliament, information that we as members of Parliament have a right to know, because we are tasked with making decisions that affect the entire country. We cannot find out the information that the government already knows on crime bills like C-59.

We had the deputy minister at committee admitting, when questioned by a Liberal member about the cost of the bill, that she had most of the information and would like to tell members the cost of the bill but could not.

The government had muzzled her and would not allow her to provide the information. That is absolutely unfair and not acceptable.

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 1:05 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the government members who are speaking are simply trying to change the channel and hide from what they know is certainly wrong. They want to hide from what they actually criticized the previous government for.

In fact, I was at the Standing Committee on Public Safety and National Security hearing two nights ago, on February 15, when we were discussing Bill C-59, the abolition of early parole act. The member for Brampton West specifically asked the deputy minister of public safety about the costing of the bill. He asked her specifically if she had that information and to provide it to the committee. The deputy minister's response was: “I have most of that information. It's part of my responsibility in terms of developing legislation to consider costs. Yes, I have most of that information or access to it”.

The question is, why can she not give out the information to the committee members in the House? It is because the government will not let her.

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 12:45 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, to prove the government is hiding crime bill cost information and muzzling its own deputy minister, we only have to look at the committee hearings of two days ago

On Tuesday, February 15, we dealt with Bill C-59, Abolition of Early Parole Act. The member for Brampton West asked the deputy minister a question about the costs of the crime bill. He asked if she had that information and if she could provide it. The deputy minister said that she had most of that information, that it was part of her responsibility in terms of developing legislation to consider costs. She said that she had most of that information or access to it, but the issue was the disclosure of it because the government had indicated it was a cabinet confidence.

The member for Brampton West went further, asking if she had provided the costing information to the government about what it would cost for these changes. In response she said that she had the information or access to it, but she could not talk about what she provided the government in any detail because she thought it was cabinet confidence of advice.

We clearly have a government that knows what the information is but is deliberately hiding the information from members of the committee and members of the House.

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 12:15 p.m.


See context

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

Madam Speaker, the question is, how far does the Conservative government plan to go in its attack against the proper functioning of Canadian democracy? This is the basic question that would once again have to be asked if the government were to vote against the motion of the member for Wascana.

A hostage to its culture of secrecy, the government is turning its back on Canadians and depriving them and their elected officials of the right to obtain essential information that the government has no real reason to hide.

It is unbelievable. Like the member for Beauséjour said, the government expects the members of this House to support, without argument, the purchase of extremely expensive warplanes, while this same government made its choice without holding a bidding process, without knowing whether these were the best planes in this post-cold war era, and without providing updated estimates or specific analyses from the Department of Finance regarding the cost of purchasing and maintaining these planes. All we know is that the cost will be exorbitant.

Canadians have the right to this information. It is their money that is being spent. Their elected officials need this information to make an informed decision. This is not a matter of state secrecy. The government must tell Canadians how much the F-35s are going to cost them based on the Department of Finance's most recent estimates and analyses. How much? Why is the government so afraid to reveal this amount?

It is even more important that we obtain this figure because the Auditor General has already criticized the government for cost overruns and extremely long delays in the area of military procurement.

Another thing the government is hiding is the cost of its megaprison program, its delusional prison regime. Against all common sense, the government is stubbornly insisting on bringing a bad anti-crime strategy to Canada, a strategy that failed everywhere, including Great Britain and Australia, and that the Americans themselves no longer want to use because it does not reduce the rate of crime or recidivism. On the contrary, this simplistic strategy drove these rates up. It overcrowded prisons and clogged the prison system forcing governments to bleed themselves dry to pay for these megaprisons.

What this all boils down to is that there is less money available to help victims, less money to equip our police officers, less money to prevent crime, and less money for healthcare, education and the environment.

On January 7 in The Washington Post, and as reported in The Kingston Whig-Standard today, Newt Gingrich is urging American legislators to think and act with courage and creativity to “save on costs without compromising public safety by intelligently reducing their prison populations”.

Newt Gingrich is not precisely a lunatic leftist intellectual. In talking about the recidivism rate, Gingrich describes it as a catastrophic disaster and says that “half of the prisoners released this year are expected to be back in prison within three years”.

Do we want that in Canada? Absolutely not, especially when everyone knows and can prove that the crime rate in Canada is going down thanks to the effective and rigorous strategy used by the Liberal governments to fight crime and protect Canadians.

This Conservative government, which has already reduced its budget to help victims by 43% and its budget to prevent crime by 70%, needs to tell Canadians how much it is going to cost them to import the mistakes that others are trying to correct.

The government is racking up bills, but refuses to put a value on them. It is unheard of. Where is the transparency it used to go on about? Once again, the Conservative government is flouting the Access to Information Act. Under section 69 of the act, the cost analyses of bills are not cabinet confidences.

It is insulting: they have to nerve to demand that parliamentarians support a litany of bills, on behalf of Canadians, without disclosing the government's cost estimates for those bills. The government is mocking people and flouting parliamentary democracy. It is showing contempt for the people and their representatives.

The Parliamentary Budget Officer puts a figure on these extravagant expenses. He is warning us about the additional billions of dollars the Conservatives' prison plan could cost the federal and provincial governments. The government is disputing the findings of the Parliamentary Budget Officer, but where is the government's credibility? Let the government make its own analyses public, and then we will see how serious it is or how irresponsible and incompetent it is.

Let us look at the most recent ill-conceived bill, Bill C-59, which the government got passed quickly yesterday with the Bloc's help. Instead of targeting only major white collar criminals, this piece of legislation will mean that thousands of petty criminals who are ready to return to society, rehabilitated, and whose risk of recidivism is low will unnecessarily be kept in prison at high cost. We are talking about 1,500 people a year, more than 60% of whom are women. The cost of this exorbitant measure: $130 million a year. In the meantime, there is nothing to provide more resources to help investigators find the fraudsters, nothing to accelerate the legal process to recover the funds lost by the victims and nothing to help the victims recover their money.

Unlike what it claims, the government does nothing for victims. On the contrary, its appalling policies will increase crime and, therefore, the number of victims. Canadian taxpayers have a right to know how much this mess will cost them. It is their money, after all. And how much will it cost the provinces, which are struggling with huge deficits and which do not know how to pay for the increasing costs of health care, schools and universities?

Why is the government so afraid of making these figures public? No doubt because they will expose the Conservatives' incompetence and ideological blindness. Imagine. The government wants to waste up to $6 billion a year in borrowed money to fund additional tax cuts for corporations, when it has already sunk us into a deficit of over $50 billion, when corporate taxes in Canada are already 25% lower than in the United States, and when the Minister of Finance himself thinks that there are better ways to stimulate the economy. If the government wants the luxury of having such a costly and questionable policy, it should at least have the decency to back it up with figures.

The official opposition is not asking for the moon. It is simply asking the finance department to make public its projections about pre-tax corporate profits. That is routine information that the department made public up until 2005, that is, as long as there was a Liberal government. It is not a state secret.

But I am talking about the government and the finance department when really it is the Prime Minister who is at fault. He controls everything and wants to impose his culture of secrecy and his penchant for withholding information on everyone. He is keeping a minister who, on two occasions, not just one, misled the House. And he allows his ministers to ferociously attack the Parliamentary Budget Officer instead of engaging in an open, adult dialogue with him.

This Prime Minister prefers to personally attack the Leader of the Opposition in petty, pathetic televised propaganda instead of providing him, and the rest of us, with the information that we need and that we have every right to see in order to do our job, which is passing legislation that is good for Canadians, with full knowledge of the facts.

The Conservative government, with its culture of secrecy, is threatening the proper workings of Canadian democracy. This time, it has achieved the impossible. It has beaten its own record for withholding information. The government needs to recognize that and can start by complying with the motion by the member for Wascana and producing all the documents requested by the Standing Committee on Finance.

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 12:10 p.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the Liberal opposition day motion specifically calls for the government to produce the costs of its crime agenda, specifically the costs related to the individual crime bills it has introduced.

The committee dealt with Bill C-59 just two nights ago. In response to questions by Liberal and NDP members, the deputy minister specifically informed the committee that she knew what the costs of implementation were for Bill C-59, but she was not prepared to provide the information because she did not have the government's approval. She basically said she was being muzzled by the government. This was the Deputy Minister of Public Safety at a committee hearing being asked a direct question by the member for Ajax—Pickering and others about this, and she is being muzzled by the government.

She has the information, the government has the information. Why will they not release it?

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 11:55 a.m.


See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, it is just incredulous. It is outrageous. The member uses the example of one bill and the gap between what the Parliamentary Budget Officer says and the government says is the cost of that bill, $90 million, and then it is into the billions of dollars. This is astounding. This is why we have to get to the bottom of it.

Bill C-59, which we just passed yesterday, was rammed through by the government in a matter of a couple of days. The committee meeting was held for a few hours at 11 o'clock at night. In fact, there were witnesses who wanted to come who could not make it because of the short time. This is not democracy.

For a deputy minister to say she knows the information but she is not going to disclose it to us is an affront to every element and principle of democracy and to how the House functions. This is why it has to stop. This is why this motion has to be passed and implemented.

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 11:55 a.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, when we were debating the bill to end the two-for-one remand credit, the Minister of Public Safety, when pressed, admitted that his estimate was that the bill was going to cost the system $90 million. The Parliamentary Budget Officer estimated it would be between $10 billion and $13 billion. That is one huge difference.

The Conservatives have been asked repeatedly on debate on Bill C-59 over the last couple of days, and every single one of them has avoided and hidden from responding to that question. At committee the other night on Bill C-59 the deputy minister of public safety, when she was asked if she knew the answer, said she did know the answer. She knew the cost of each one of these crime bills, including Bill C-59, but she could not tell the committee. She could not tell the committee because the government will not let her tell the committee.

Would the member like to comment further on what happened at the committee the other night?

Opposition Motion--Documents Requested by the Standing Committee on FinanceBusiness of SupplyGovernment Orders

February 17th, 2011 / 11:25 a.m.


See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, yesterday and the day before, during the debate on Bill C-59, speaker after speaker asked government members to give the costing for the proposed new prison system. Not a single Conservative speaker would provide that information. Yet in committee the other night the deputy minister was asked the same question several times and admitted that she did know what it would cost the government to pass Bill C-59. She was not at liberty to give the information because the government had not given its approval for her to do so.

It is totally outrageous that the government actually knows the true cost of the bill, but refuses to provide it. As in the case of an earlier bill on the two-for-one issue, the government misrepresented the amount by deliberating saying that it would cost $90 million. The Parliamentary Budget Officer later indicated it would cost between $10 billion and $13 billion.

The government is deliberately stretching the truth or hiding the information. Why would it want to hide the information? I am told that in the United States legislative initiatives automatically include a costing. The same is true in Canada, except the government is hiding the costs.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

February 16th, 2011 / 3:10 p.m.


See context

The Speaker Peter Milliken

I wish to inform the House that pursuant to order made on Monday, February 14, the Standing Committee on Public Safety and National Security deposited with the Clerk of the House the sixth report of the committee on Tuesday, February 15, at 10:08 p.m.

The committee considered Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts and reported it without amendment.

Early ParoleOral Questions

February 15th, 2011 / 2:40 p.m.


See context

Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, although the Liberal member for Lac-Saint-Louis and the NDP member for Outremont are trying to block our bill to abolish early parole for white collar criminals, the victims of Earl Jones in Quebec are calling on us to take action. Yesterday, these victims called on all the political parties in Ottawa to stand up for Earl Jones' victims, do the right thing, take action now and support the passage of Bill C-59.

Can the Minister of Public Safety tell us the status of this important bill?

Public SafetyOral Questions

February 15th, 2011 / 2:40 p.m.


See context

Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, those are strange concerns coming from a man who was going to cripple our economy with a carbon tax.

Yesterday, for nearly eight hours, the House debated a motion to advance Bill C-59. The Liberal critic talked about keeping white-collar criminals out of prison. He quoted United States congressmen. He cited California. The number of times he stood up for the rights of victims was zero.

Does it cost money to keep prisoners in prison? Absolutely. Is it worth it? Do not ask the Liberals.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 7:55 p.m.


See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the member spoke very well about the bill that is under consideration but we will not start second reading on it until tomorrow. What we have been talking about is the process. There is maybe a misunderstanding on behalf of the member that somehow, because of the Liberal and the NDP concerns about the fast-tracking, we are not supporting the bill. We will have to wait and see but I am pretty sure that is not the case.

Does the hon. member believe it is possible, just possible, that Bill C-59 could be improved upon further? Would it not be prudent to have more than four hours of second reading debate and certainly more than the restrictions being placed on the justice committee to have its report in by 3 a.m. that morning? It is restricting parliamentary privilege to do its job. I hope the member has a comment on that.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 7:35 p.m.


See context

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, we are going to talk about real concerns. I have been sitting in my office since about 4:00 p.m. or 5:30 p.m.—for as you know, I have a hard time getting around—and listening to the debates. It is unfortunate that there are not more lawyers who have practised criminal law in this House, because I think the questions, with all due respect to my Liberal and NDP colleagues, have been way out in left field. I would not go so far as to say way out in a potato field, but almost.

I was elected to the House in 2004 and as early as 2005, people have been saying that one of the major problems concerning crime, criminal law in Canada and sentencing—and it is unfortunate that not every Tom, Dick and Harry understands this—is not that people are serving sentences that are too short, but rather that the Conservatives are always pushing for more sentences and longer sentences than the sentences handed down.

And whether my colleague across the floor likes it or not, Bill C-54 is currently being examined and the Conservatives still want to impose minimum prison sentences all the time.

I hope they will listen to me. The problem is not the minimum prison sentences. When criminals are sentenced in court and the judge takes the time to explain to one of them, to Harry, for instance, that he is being sentenced to 36 months, Harry can go to prison knowing that, if he has no prior convictions, he may serve eight months. The problem is with the one-sixth rule. There is never enough time to begin treating these people.

I would like to explain something for the benefit of my colleagues across the way, the NDP and the Liberals, who have little experience in criminal law. When a criminal is sentenced—Tom or Dick or Harry, for instance—he is sentenced to exactly 36 months in prison. He is then sent to a federal reception centre, where all convicted criminals begin their sentences, and he will spend about three to six months there, for that is where inmates are classified. For example, will he be sent to Sainte-Anne-des-Plaines, Quebec, or to Kingston, Ontario? How does that work?

They look at Harry's case and tell him he will serve his 36-month sentence at La Macaza, a minimum security prison. What does Harry do? He goes. And whether my colleague likes it or not, it could be a medium-security prison or a minimum-security one. So he is in prison, but eight months have already gone by before anything is done with Harry. By the time they look at the case of someone sentenced to 36 months, he is practically released.

The best example is the alleged mafia leader, who is now somewhere between heaven and hell. He was arrested in a huge raid in 2009 and was put in detention. What did his lawyer do? Some lawyers will tell their client not to plead guilty right away, that it is better to wait. Being given a two- or three-year sentence means that when the sentence is handed down, the time already spent in custody will count for nearly double, unless the judge says that it will not count for double. If the judge agrees the time count for double, this is what happens.

The individual's sentence really begins at the moment it is handed down. However, time spent in pre-sentencing custody is taken into consideration.

In our friend Harry's case, he has received a three-year sentence, but he has already been in custody for two months. Two months are taken off, sometimes four. Thirty-six minus four equals 32 months. It takes four months for the case to be looked at because he was sent to the federal reception centre. That brings us to 32 minus four, which is 28 months. Things are going well. This is what happens: one-sixth of the sentence is calculated, regardless of what the Minister of Heritage thinks. He does not understand anything. I know he does not understand anything because no one in Vancouver understands how it works. He is already having a hard time with culture. We will look after culture or maybe agriculture, with all these tubers. Maybe he could look after heritage someday.

I think it is deplorable that they are trying to have us believe that if we eliminate the one-sixth sentence, it will cost more to keep someone in prison. That is a bit hard to accept since it is only normal to expect that a person sentenced to prison will serve that sentence or, at least, will prepare for his release through a parole readiness program. It simply is not possible to prepare a release plan for anyone currently being paroled after serving one-sixth of a sentence.

Mr. Lacroix, sentenced to 13 years in prison, was released after less than two years. It took four months before his case was processed at the federal reception centre. What happened? He is now in a community centre. He will do community service, because that is important for his rehabilitation. However, it would also be important for his rehabilitation for him to reflect a little more than he did when he committed his crimes. Generally speaking, these criminals are not dangerous. They are dangerous to others. They are thieves. We call them white collar criminals.

People generally are not released after serving one sixth of their sentence if they have been convicted of violent crimes, if it is not their first penitentiary sentence, etc. There are a number of examples. However, take the case of someone who was sentenced by a judge for impaired driving for the eighth time. The judge says this time, enough is enough. He sentences the individual to 40 months in prison. That individual is certainly not a danger when he is in prison. Obviously, he will not be drinking when he is in prison. Maybe he will, but I would be surprised. What does that person do when he is in prison? He sits down and watches television. If he is released after serving one-sixth of his sentence, which unfortunately happens far too often, he turns up impaired once again and he may commit another offence such as impaired driving causing bodily harm, or even impaired driving causing death.

If that individual had not been released after serving one sixth of his sentence, if he had worked with counsellors on preparing for his release, things could have been different. Parole should be earned and release should be prepared for. The purpose of Bill C-59 is to prevent people from being released too quickly.

What makes the public angry is not minimum prison sentences; rather, it is individuals who are sentenced to time in prison and who do not serve that time. That is what makes the public angry.

We try to make the Conservatives understand this in committee when they ask us to impose minimum prison sentences. They do not listen because they think that minimum prison sentences will solve the problem. That is the only thing they are interested in. But it is completely false.

All of the studies we have managed to collect, read and analyze show clearly that minimum prison sentences do not solve anything. What helps or makes individuals understand the importance of rehabilitation is to insist they serve their sentences and develop a release plan to prepare for to their return to society. It is unfortunate, but such is currently the case with Bill C-59. I believe the Liberals and the New Democrats want to gain some political advantage by voting against Bill C-59; however, at this stage, it is time—

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 7:15 p.m.


See context

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Mr. Speaker, it is a pleasure to rise before the House today.

Before I start, it being Valentine's Day today, I would be remiss if I did not wish my wife at home a Happy Valentine's Day. She did get a bouquet of flowers at work. We have to do what we have to do these days to get a few points in the bank, so I now have a couple at least.

I am very pleased with the opportunity to rise in support of the motion before us today. I have listened with a great deal of interest to the comments of several hon. members. As I am the last speaker on this issue tonight, I imagine there will be a lot of repetition in my comments.

What Bill C-59 means is that all offenders will be put on equal footing when it comes to eligibility for parole. There will be no more distinction made between white-collar and other types offenders.

In essence, Bill C-59 says that all offenders must be held accountable. That has not always been the case as I will explain in a few minutes. Indeed, under the present system, Canadians today can witness con artists and fraudsters spend very little time in jail even though they may have destroyed the lives of hundreds of hard-working and law-abiding Canadians.

Canadians have a right to feel outrage when they hear of con artists, who have been handed seemingly lengthy sentences, walking right out of jail shortly after the ink has dried on the newspaper headlines announcing their conviction. We have all seen that. They have a right to be outraged that the concerns and rights of victims of crime apparently are being ignored. Victims have a right to be outraged, and, indeed, they are. The convicted white-collar offenders are apparently not held fully accountable for their actions. Our government is listening to victims and to all Canadians and taking action. Bill C-59 is about that.

The current system of accelerated parole review goes back to 1992 when the Corrections and Conditional Release Act was enacted. Back then many Canadians had never heard of offenders like Bernie Madoff or Earl Jones. Fraud seemed to be something that happened in the upper boardrooms of large corporations. Today fraud and white-collar crimes are taking on much more of a human face. They not only affect large corporations; they ruin a countless number of lives. They wipe out people's life savings and leave Canadians who have worked hard all their lives impoverished and destitute.

However, what is particularly troubling is that many victims are essentially becoming re-victimized by the relatively small amount of time that con artists and fraudsters have to spend in jail for their crimes.

When the initial provisions were enacted, accelerated parole review applied solely to full parole, and that is it applied after the offender had completed at least one-third of his or her sentence, or seven years, whichever was shorter.

Amazingly enough, the system was changed to make things even more expedited. Today, white-collar criminals who are convicted of a first time non-violent offence can actually qualify for day parole under the terms of the accelerated parole review after serving one-sixth of their sentence. For example, that means someone who has been convicted of fraud and handed a 13-year sentence, and I will return to that shortly, could be actually walking the streets again in as little as two years. Where is the justice in that? Where is consideration given to the impacted victims? It is nowhere to be found.

Under the current system of accelerated parole review, con artists, fraudsters and those who have fleeced hard-working Canadians of their life savings are guaranteed that their cases will be reviewed in advance by the Parole Board of Canada so they can get parole earlier than other offenders.

The way the present system works is white-collar offenders who might have destroyed the lives of hundreds of Canadians are in fact not even required to apply for parole. They do not have to lift a finger. They do not have to notify anyone that they might even be eligible. Everything is just taken care of.

The Corrections and Conditional Release Act currently stipulates that offenders who qualify for advanced parole review are not required to notify the Parole Board of Canada. However, the current Corrections and Conditional Release Act requires that Correctional Service Canada refer the cases of offender eligibility to the APR, to the Parole Board, before their day parole eligibility date so they may be released as early as possible.

That is not all. Under the existing system the parole board is not even required to hold a parole hearing to assess whether offenders eligible for advanced parole review may be released on day parole and full parole. Imagine that. Today, white collar offenders who might have fleeced a neighbour, a friend or even a family member out of hundreds of thousands of dollars does not even have to meet with anyone from the parole board to explain why they should be given parole. Everything is done via paper review. They are essentially let out on day parole after serving one-sixth of their sentence.

That is quite different from other offenders. Applications for parole by other offenders must be reviewed at a hearing at which, for example, they must persuade the parole board they are ready to live in society as law-abiding citizens and that they will comply with the conditions imposed upon them for the release. Today, as I have said, white collar criminals only have to go through a paper review with the parole board and do not ever have to meet or talk to anyone to explain why they should be given parole. It is hard to believe.

What is more, unlike for other offenders, the parole board must grant parole to an offender who is entitled to advanced parole review unless it determines that the offender is likely to commit an offence involving violence before the expiration of a sentence. Let us review here. The Parole Board of Canada must have reasonable grounds to suspect that someone who might never have committed a violent offence before but who has been convicted of fraud will, after he or she is released, suddenly decide to commit a violent offence. That is the only way a white collar offender can be refused parole after serving just a fraction of his or her sentence behind bars.

The standard is quite different for everybody else, of course. For all other offenders the parole board uses a general reoffending criteria to grant or refuse release. In those cases the parole board will grant parole to an offender after it decides whether the offender possesses an unmanageable risk to commit any type of offence once released. Let me repeat that. For all offenders other than white collar offenders, the national parole board must decide that he or she will not commit any offence once released, whether violent or not. It is quite a different standard.

Like many other Canadians, I am wondering why the system currently treats con artists and fraudsters so differently from other offenders. Like many Canadians, I am left wondering where the sense is in that. Where is the justice for the victims?

Perhaps I do not need to recount a few of the stories many of us heard about the way the current APR operates, but I would like to do it anyway for the benefit of hon. members across the way. These stories are not completely new. There are three I want to highlight.

In 2005 David Radler pleaded guilty in the United States to one count of fraud related to the Hollinger case, which, by some accounts, ruined many lives. Mr. Radler received a 29 month sentence and began serving his term in a Pennsylvania prison. He was transferred to a Canadian jail. Mr. Radler received accelerated day parole from the national parole board after serving less than one year behind bars.

In its decision the parole board noted that Mr. Radler “left a trail of many victims”. What the board said was that its review was limited to considering whether Mr. Radler was violent. That was it. It said that “many who have commented on your offence”, that is Mr. Radler's offence, “would argue that the financial devastation you caused to the countless victims would constitute a form of violence”. Those are the words of the parole board, that the victims of Mr. Radler counted his actions to be a form of violence, but there was nothing that could be done about it. Again in the worlds of the parole board, “the board must apply the law in the spirit in which it was written”.

That is why all of us need to ensure that Bill C-59 receives the speedy passage it so richly deserves.

Nearly all Canadians have at least heard of the case of Vincent Lacroix. Mr. Lacroix was president of Norbourg Asset Management. In 2009 he pleaded guilty to 200 fraud charges, admitting he bilked investors out of $115 million. This was one of the most massive frauds in Canadian history and Mr. Lacroix received 13 years in jail. That, unbelievably, is the harshest sentence ever handed out to a white collar offender in Canada, and that is a whole other debate.

In January of this year, Canadians found out that this con artist, who had destroyed countless lives, had served just one-sixth of his sentence in custody and was out on day parole after spending about 18 months behind bars for this multi-million dollar fraud. Can anyone imagine? His victims were reportedly outraged by the early release and they had a definite right to feel that way.

Then there is the case of Earl Jones. Mr. Jones was somewhat of a financial adviser who created a multi-million dollar Ponzi scheme which eventually bilked investors of between $50 million to $100 million. Last year, Mr. Jones pleaded guilty to the charges filed and one month later was given a lengthy sentence. Guess what? We have heard the story before and we are going to hear it again. It turns out this con artist who destroyed countless lives will, under the current accelerated parole review rules, be eligible for day parole after serving one-sixth of his sentence.

Such examples are an outrage for millions of Canadians. They are an outrage to those who have been victimized. They are an outrage to our government which has made standing up for victims a top priority.

I therefore urge all hon. members to work with the government to support the motion before us today and ensure that Bill C-59 is passed into law as expeditiously as possible.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 7:10 p.m.


See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I would like to thank the hon. member for her remarks. I also serve with her on committee and I truly appreciate her. I would like to perhaps help her to understand the meaning of this bill a little better.

In fact, all we have done is to remove the small part about accelerated parole review from Bill C-39, which is already being reviewed by a committee, and to create Bill C-59. It is much like pulling a tuber out of the nourishing earth. By doing this, we made it possible for the bill to be examined in its simplicity, as we would do with a tuber. Looking closely, we would be able to see its hairy roots, for example; I am imagining the drawing. We would then be able to easily analyze the tuber in its simplest form. The same goes for Bill C-59. We extracted a component and now we can break it down and look at it in its simplest form, like the tuber with its hairy roots.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 6:55 p.m.


See context

Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

Mr. Speaker, I would like to participate in the debate on the motion to prevent debate on the content and substance of Bill C-59. I find it rather odd that the Bloc has supported the government's attempt to stifle any attempt at debate on the substance of this bill.

No one in the House can accuse the Liberals of not supporting the idea of eliminating parole eligibility after one-sixth of the sentence is served for economic crimes. Two years ago, my colleague from Bourassa, our candidate in Saint-Bruno—Saint-Hubert and our member for Lac-Saint-Louis participated in a press conference with several of Earl Jones' victims to call on the government to quickly bring forward a bill to eliminate parole eligibility after one-sixth of the sentence is served, especially for criminals who commit major fraud and have multiple victims.

No one can accuse the Liberals of not supporting that idea. I think it is really dishonest of the government to make that kind of accusation when it knows very well what the Liberals' position is. This was pointed out by my colleague from Notre-Dame-de-Grâce—Lachine.

Now I would like to talk about the debate and the fact that the Conservatives and the Bloc members want to limit the scope of the debate. Just seven months ago the members of the Bloc rose in the House to criticize the government for doing the exact same thing it is doing now with Bill C-59. The government moved a motion to block debate.

Last June, the member for Saint-Maurice—Champlain rose in the House to criticize the government for moving a motion to block debate on the Canada-Colombia Free Trade Agreement Implementation Act. The Bloc member for Hochelaga also rose to oppose a government motion to block debate on Bill C-9, the Jobs and Economic Growth Act, by imposing time allocation.

We are opposed to this time allocation motion because we believe that Bill C-59 addresses a very important issue. Furthermore, for two years now, the Liberals have been calling on the government to eliminate parole eligibility after one-sixth of the sentence is served for economic crimes like those committed by Earl Jones, Vincent Lacroix and others.

I think it is a shame that some would have people believe that the Liberals do not want to protect victims. That is simply not true. When the government introduced Bill C-21 on economic crimes and it was referred to committee, the Liberal justice critic proposed an amendment to the bill to eliminate eligibility for parole after one-sixth of the sentence in cases of economic crime. The Conservatives and the Bloc defeated the motion.

Every MP is entitled to his or her opinion on bills that we are called on to debate in the House. It is a fundamental aspect of the democratic process. The operative word here is “debate”, and the collusion between the Conservatives and the Bloc is preventing us from acting as responsible parliamentarians.

We would like to hear from experts. We want to know how this bill will truly address a gap in the law, how it will do justice to victims, how this bill will improve the chances of rehabilitation for those who once lost control of their lives.

Perhaps we should indeed eliminate parole after one-sixth of a sentence for offenders who have committed serious economic crimes and left a number of victims.

However, for non-violent criminal acts that are not fraud, we believe that evidence has shown that parole after one-sixth of a sentence has been very effective and that the rate of recidivism is much lower.

We will never know what the experts might have said since this closure motion eliminates any chance to consult experts. With this government so eager to control everything, it has become somewhat of a tradition to just pass a bill without any idea of the facts that might call it into question.

The Liberals are against this closure motion. It is not justified, and we regret that the Bloc has decided to join the Conservatives to limit the debate on this bill. As far as the substance of the bill is concerned, in the past and still today, no one could accuse the Liberals of not showing their support for eliminating parole after one-sixth of the sentence for economic crimes.

In order to illustrate the government's intellectual dishonesty, I would like to present a chronology of the Conservatives' failures in their so-called fight against crime.

I am referring here to the various bills that have died on the order paper for all sorts of reasons or that have remained in the House or at committee indefinitely.

Here they are. Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, died on the order paper when Parliament was prorogued; Bill C-19, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), died on the order paper before the House had a chance to vote on it; Bill C-26, An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime), also died on the order paper. It is certainly not the opposition that forced the government to prorogue Parliament.

Bill C-31, An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act, died on the order paper, and Bill C-36, An Act to amend the Criminal Code, on the faint hope clause, died on the order paper before being brought back this session. One committee meeting was held on Bill C-46, An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, before it died on the order paper. Bill C-52, An Act to amend the Criminal Code (sentencing for fraud), which is related to Bill C-59, the bill we are dealing with today, died on the order paper when Parliament was prorogued. Bill C-58, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, died on the order paper. The prorogation of Parliament killed many bills.

Among the bills introduced by the Minister of Public Safety was Bill C-34, the Protecting Victims From Sex Offenders Act, which also died on the order paper. The bill to deter terrorism and to amend the State Immunity Act died on the order paper. Bill C-43, An Act to amend the Corrections and Conditional Release Act and the Criminal Code, died on the order paper. Bill C-47, An Act regulating telecommunications facilities to support investigations, died on the order paper. Bill C-53, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts, died on the order paper. Bill C-60, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, died on the order paper.

To date, no meetings have been held to discuss Bill C-16, An Act to amend the Criminal Code. Bill C-17, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions), was given first reading 51 days after Parliament was prorogued, and the committee still has not met to discuss that bill.

Bill C-21, An Act to amend the Criminal Code (sentencing for fraud), was fast-tracked at committee in just one meeting and still has not reached second reading. Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, was given first reading 64 days after Parliament was prorogued, and the government delayed it for 26 days at report stage because of the debate on the short title.

Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act, was given first reading 89 days after Parliament was prorogued, and we are still waiting for the next step. Bill C-50, An Act to amend the Criminal Code (interception of private communications and related warrants and orders), was given first reading after 94 days, and we are still waiting. First reading of An Act to amend the Criminal Code, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act took place 243 days after Parliament was prorogued. Bill C-53, An Act to amend the Criminal Code (mega-trials), was given first reading and nothing more.

Bill C-54, An Act to amend the Criminal Code (sexual offences against children) only made it to first reading. Bill C-5, An Act to amend the International Transfer of Offenders Act was introduced at first reading by the Minister of Public Safety 15 days after prorogation. Two committee meetings were held and nothing has happened since. As for Bill C-23B, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts, we are still waiting. After a few meetings on the subject, the minister was supposed to come back with amendments that he felt were necessary in order to make the bill more comprehensive and definitely more respectful. Bill C-39, An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts was introduced for first reading 104 days after prorogation and we still have not met in committee to discuss it. Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act was introduced for first reading 232 days after prorogation and there it remains. Bill C-52, An Act regulating telecommunications facilities to support investigations was also introduced for first reading 243 days after prorogation and we are waiting for the next step. The Senate introduced Bill S-7, An Act to deter terrorism and to amend the State Immunity Act for first reading 49 days after prorogation and we are still waiting for the next step. Bill S-10, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts was introduced for first reading in the Senate 60 days after prorogation. Bill S-13, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America was introduced for first reading 237 days after prorogation.

I am pointing this out to prove that it is not the opposition parties that are slowing the process down. For all sorts of unknown reasons, the government introduces these bill and then goes no further with them.

To conclude, I would like to question the justification for Bill C-59 and the fact that the Conservatives and the Bloc felt this was urgent enough to warrant this closure motion, which is an affront to parliamentary dialogue.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 6:50 p.m.


See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I thank the member for raising the issue.

A lot of the speeches today have been second reading speeches on the legislation and not on the process of dealing with Bill C-59, which is a very draconian measure to take place in this House, because it basically prevents Parliament from doing its job. In a sense, it limits the amount of time that a committee would have to hear from witnesses and to propose and properly debate amendments to the legislation; and then bringing it back and fast-tracking all of the stages is part of the problem. I oppose the motion for closure and the process; it does not mean that I oppose the bill.

However, I do know, and the member may want to comment on this, that the government has refused to provide information on the costing of justice bills. If we are going to do our jobs and consider legislation in a forthright and informed manner, we need to know that information. The government said it is a matter of confidence.

We have a matter of privilege before the House on the request of the finance committee for this information. The government is claiming it is cabinet confidence, and they have not even responded to the privilege issue yet. They are frustrating our ability to do the job and to do it well.

I hope the member will agree that this closure motion and what it is doing to the privileges of parliamentarians is what the House should consider first.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 6:40 p.m.


See context

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I too want to rise to speak to Government Motion No. 10, a motion to cut short the debate on the latest government crime bill, Bill C-59, An Act to amend the Corrections and Conditional Release Act . The bill itself addresses accelerated parole review. That is not the substance of the motion before us in the House today.

What we are debating today is the government's draconian use of House rules to stifle debate, to undermine the democratic process and to push through its agenda without regard to due process and without giving interested Canadians the ability to engage in the policy process.

Under this motion, the Conservatives are allowing just one day of debate on second reading, a mere four hours in committee, and one day for the report and third reading stages combined.

Canadians have seen this movie before. This is hardly the first time the government has expressed its disdain for the democratic process. I do not need to remind anyone in this House about the most egregious example, the government's prorogation of Parliament.

The Prime Minister has shown himself willing to shut Parliament for reasons ranging from the politically existential to the merely expedient and, of course, he had hoped that Canadians would not notice, or at least that they would not care. However, huge demonstrations and rallies from coast to coast to coast proved him wrong. Canadians did care, because they understood they were being silenced.

By having their elected representatives silenced, Canadians lost their voice in the single most important democratic institution in this country, and they were enraged. Canadians angrily denounced the Prime Minister's secretive behaviour and for not meeting even the minimum standards of parliamentary accountability and democracy. The reaction caught the Conservatives off guard. They were counting on the fact that Canadians would not care, but they did care, and post prorogation polling showed that the government was paying a price.

Yet here we are just a few short months later and the government has not learned a thing. It is still intent on silencing its critics. While the Conservatives may not be doing it by shutting down Parliament altogether this time, they are invoking archaic rules to ensure that their legislative agenda cannot be debated properly. They always do it when they are trying to pull a fast one.

Ontarians will remember only too well when the Conservatives pulled the same manoeuvre to silence opposition to the HST. They used a time allocation motion then too to try to sweep their culpability under the rug as quickly as possible. Ontarians were outraged. No other issue has generated as many phone calls, as many emails, as many letters or as many faxes as that reviled tax. My office was swamped with feedback in opposition to that tax hike in the middle of the worst recession since the Great Depression. People were angry, and their anger was exacerbated by the way the government tried to silence their opposition by rushing the bill through the House.

In the end, the people who wanted to have their voices heard were right. The HST did not help them to survive the recession, and the much touted rebate for some families fell far short of making up for the increased tax burden that every Ontario family now has to bear. In fact, the average tax increase as a result of the HST is now costing Ontario families $1,200 more a year.

Instead of pursuing its headlong rush to get the HST passed, the government should have listened more carefully to what thoughtful Canadians were saying. The HST is not an issue where businesses are on one side and Canadian citizens are on the other. Businesses too are feeling the impact of this tax.

I had the privilege of being invited to an annual get-together by the Concession Street Business Improvement Association in my riding of Hamilton Mountain. This association represents small businesses on the oldest commercial street in my riding. I had barely been there for five minutes when the then president of the association made it absolutely clear that he was 100% opposed to the HST. The additional cost imposed on his operations, on everything from heat and electricity to the cost of transportation, was making it increasingly difficult for his family-run business to survive. That sentiment was echoed by dozens of other businesses represented at the event.

Emails continued to flood in to prove that the HST should never have been rushed through the House. Here are the comments of someone who has been running a financial advisory business for over 10 years. His business not only contributes directly to the economy, but also helps local residents plan for and achieve their financial goals. He described the HST as a new tax on savings. The combined 13% tax directly impacts the savings of all Canadians who own investment funds. It costs Ontario residents hundreds of millions of dollars every year in extra taxes that otherwise could be put into their retirements savings.

Since it is tax time, let me spell it out for the House. Consider a small investor who has $20,000 in mutual funds and contributes $4,000 each year. Over a 20-year period, the HST would mean an additional $4,000 in taxes. This investor would lose an entire year's worth of savings. Because the HST is being applied to the cost of managing the mutual fund, investors would have to pay it each and every year. It is ironic that the more people save, the more tax they will pay.

At a time when the finance minister is on the record as wanting to find a solution to the crisis in retirement income security, it is mind-boggling that he implemented a tax that only makes things worse. Considering that he still suggests that businesses in Canada wanted the HST, it is clear that he did not do enough listening.

Instead of rushing the implementing legislation through this House by means of a time allocation motion, he should have allowed for comprehensive committee hearings so that he could have had the benefit of learning from the experience of businesses of all sizes and from Canadians, particularly in Ontario and B.C. However, when the government curtails debate, it deprives itself of that opportunity and Canadians are worse off for it.

Here is what one senior told me:

I am a senior that must work part-time to be able to maintain my home and sustain a reasonable level of daily living and I am very concerned with regard to the blending of the two taxes.

Every day we are hearing that this utility, (hydro, water, sewer rates, bus fares, garbage collection, etc.) or real estate taxes are going up and we are just expected to be able to find the money from our megre income to meet these new obligations. If we are able to drive a car the ever increasing cost of gasoline with the government taxes makes it almost impossible to utilize the vehicle without being required to sacrifice somewhere else in the household budget. With the cost of heating fuels going through the roof it is becoming almost impossible to heat your quarters without being deprived of some other part of your budget.... Do these people have any idea what the average senior lives through each month just to get by. Where in God's name do they expect seniors to get the extra costs from - when the well is dry—the well is dry!!

Clearly, both the Conservative government here in Ottawa and the McGuinty government provincially are still paying the price for the rushed implementation of the HST, and there is absolutely no doubt that it will be front and centre in the upcoming election campaigns.

Rushing legislation through the House has a political cost. Issues cannot just be swept under the rug. Canadians demand to be heard and Canadians deserve to be heard.

For the Bloc to be complicit in muzzling elected members by teaming up with the Conservatives on this motion is shameful. Bloc members have always expressed their outrage at time allocation motions when they have dealt with back-to-work legislation and other matters of public interest. Now that it serves their own political agenda, they are selling out their principles for the sake of expediency.

Canadians want their elected representatives to study and debate bills, not to run roughshod over Parliament to play wedge political games, as the Bloc and Conservatives are doing here. It is important to study the bills that come before us. In fact, as elected members of Parliament, that is our responsibility.

While this is not the time to debate Bill C-59 itself, let me be clear that of course Canadians want to see white collar criminals who have defrauded Canadians serve appropriate sentences. We all get angry when someone like Vincent Lacroix defrauds people of tens of millions of dollars and then walks out of jail early. The law should come down hard on white collar financial crimes and sentences should be tough on criminals like Earl Jones whose actions wiped out people's life savings.

However, working for fair and appropriate sentencing that keeps our streets safe requires striking a balance. That means bringing bills to committee and hearing from expert witnesses. That is how we make Parliament work for Canadians. It is not by bringing in draconian time allocation motions that try to muzzle MPs, but by debating legislation in committee and in the House so that the interests of Canadians are heard and protected.

I urge all members of this House to vote against Motion No. 10 and allow the legislative process to proceed as it should.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 6:20 p.m.


See context

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I thank my hon. colleague because I think he actually just agreed with the NDP position on the motion that is before us here today.

The motion before us today is about whether we have adequate time to debate this justice bill. It is a guillotine motion. It is a time allocation motion that says that the government will cut off the amount of time that members have to debate Bill C-59.

Clearly the member agrees with us here on the NDP side of the House that there is not enough time because he spent his entire 10 minutes talking about the bill itself, not about the motion that is before us here today. He repeatedly talked about the need for urgent action to help victims.

I have been here for five years and that member has been on the government side of the House for five years and suddenly today, this week, this matter is urgent. Where were those members five years ago? They have had ample opportunity to bring this bill forward.

Finally, I would like to remind members that it is our responsibility in a system of responsible government to hold the government to account and to look into the public spending of funds, and yet at every opportunity the government has made that impossible.

The finance committee asked about the detailed costing of justice bills, about analysis and projections, including assumptions, and despite the fact that such a motion passed duly in the finance committee, the government has refused to provide that costing information. It is not making it possible for us to do our job.

I want the member to comment on that and on whether he agrees that we do need more time to do due diligence which Canadians have sent us here to undertake on their behalf.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 6:10 p.m.


See context

Conservative

Stephen Woodworth Conservative Kitchener Centre, ON

Mr. Speaker, I am pleased to have the opportunity today to offer my support for the motion concerning Bill C-59. I thank the hon. member for Desnethé—Missinippi—Churchill River for sharing his time with me.

I am asking all hon. members to also demonstrate their commitment to ensuring the safety of our communities by making certain that we pass Bill C-59 into law as quickly as possible.

The motion before us today will ensure that offenders are held accountable for the crimes they commit.

Not everyone is aware that the current system of accelerated parole review allows people convicted of non-violent offences to apply for day parole after serving a mere one-sixth of their sentence and full parole after serving only one-third. As a defence lawyer for many years, I can assure the House that even lawyers realize this makes it very difficult to take some Canadian sentences seriously. For example, it means that a white collar fraud criminal or a drug dealer who has been sentenced to 12 years can be released on day parole in only two years and fully paroled at just four years out of the original 12 year sentence.

This demands an answer to an important question. Are we considering the rights of victims in accelerated parole reviews? The answer is a resounding no. Parole in such cases is expedited. Unless the Parole Board has reasonable grounds to believe that an offender will commit a violent offence it must by law release the convicted criminal into the community after serving only one-sixth of his or her sentence.

The current accelerated parole review is completed on paper only. Contrast that with regular parole reviews normally done through an in person hearing.

I am sure that hon. members here can agree that when evaluating a convicted criminal's eligibility for parole it is crucial to properly assess the offender. Accelerated parole review actually limits and even prevents a proper assessment.

The victims of these so-called white collar crimes simply want justice. Victims may wonder how much justice there is in Canada after watching these offenders released on full parole after serving only one-third of their sentence. Police services and victims groups have been clear that the conditional release system must be strengthened so that it better protects Canadian communities and better reflects victim expectations.

A crime is a crime whether it was committed with or without physical violence. Crimes such as fraud have sometimes been viewed as victimless since they are often perpetrated against large organizations, corporations or even the government. This is no longer the case. More and more we are hearing about cases of fraudulent white collar crimes committed against individual Canadians. I am sure many hon. members have family members, co-workers or friends who have been hurt by these crimes.

Although these crimes may have been committed without physical violence, the pain and suffering that is experienced as a result of personal fraud wreaks its own form of violence. Many lives have been ruined. In some cases, widows have lost their entire life savings. I am speaking for them. Families have been broken apart by the financial stress occurring as a result of having lost everything. I am speaking for them. Others have had their identity stolen and have suffered the arduous battle of reclaiming their proper identity. In addition to experiencing financial loss due to identity fraud, these victims often have difficulty obtaining credit or restoring their good name. I am speaking for them.

White collar crime often leaves victims experiencing feelings of humiliation for having been deceived. Sadly, it often leads to a myriad of emotional, psychological and even physical ailments. Police associations, victim advocates and ordinary Canadians have been very clear. They want the conditional release system strengthened so that it better protects our communities.

We must take action now, today. We must work quickly to pass Bill C-59. That is what the motion today will achieve for victims. By supporting Bill C-59, we are showing our support for the countless Canadians who have been hurt by these crimes.

Our government is working to ensure that the protection of society is the top priority in all of our decisions. This includes helping victims of crime and making sure that victims' needs are at the centre of our agenda. Our government is making victims' rights a priority. There are already numerous programs in place. We have delivered many measures to ensure that victims' voices are heard and that their needs are met.

Public Safety Canada's National Office for Victims, for example, is a central resource for victims who have concerns about offenders and questions about the federal correctional and Canadian justice systems. The office also provides input on policy and legislative initiatives. It provides education about victims' issues for members of the criminal justice system.

Also, the Office of the Federal Ombudsman for Victims of Crime was created to ensure the federal government meets its responsibilities to persons hurt by crime. Victims can contact the office to learn more about their rights and the services available to them. They can make a complaint about any federal agency or legislation dealing with victims of crime. The ombudsman also ensures that policy makers and other criminal justice personnel are aware of victims' needs. She identifies important issues and trends that may negatively impact victims.

One of our government's first actions upon taking office in 2006 was to introduce the federal victims strategy. Since then, the government has committed substantial funding to support this strategy. We have cracked down on organized crime, including drug crime, with tougher sentences and we passed the Tackling Violent Crime Act to better protect 14 and 15-year-old victims.

In addition, we are delivering support to victims of crime directly by giving access to employment insurance benefits for family members of victims of crime. We established the right for unpaid leave for workers in federally-regulated industries. We are making the victim surcharge mandatory to better fund victim services.

I could go on and on as there are many more initiatives and actions that this government is delivering to put victims' rights at the forefront of the justice system. Bill C-59 is delivering on the changes that victims of crime have been asking for, changes that are long overdue.

The amendments being proposed would ensure that offenders who commit fraud and other so-called white collar crimes are sentenced to serve time in custody that adequately reflects the seriousness and consequences of their crime. Why would any sensible parliamentarian oppose that?

All offenders would be treated equally, regardless of the nature of their crimes. As such, eligibility for day parole would occur six months prior to full parole eligibility and full parole review still after serving only one-third of their sentences. This is a very mild change, but it is a change that sends a message loud and clear that our government is committed to ensuring that our justice and corrections systems do not put the rights of offenders ahead of the rights of law-abiding citizens. We will continue tackling crime and standing up for those who have been victimized.

I urge all hon. members today to support the motion being debated. Let us all show that we are listening to what Canadians want. Let us all stand up for victims' rights. If we take action now to fix the problem in the parole system that allows for the early release of convicted criminals, we can see to it that victims of fraud see true justice.

Let us all work together to address the concerns of ordinary Canadians and ensure that these important changes receive quick passage into law.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 6:10 p.m.


See context

Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, let me reiterate the question of the member for Brampton West, to which he did not get an answer. This is a pretty simple question. The Conservatives will increase the time that people spend in jail. There is a good argument to be made that in some instances it is a really good idea, but what will it cost? It is very simple. It is $100,000 a year to keep somebody in jail. What is the cost of C-59? It is a simple question to which we are asking for a simple answer, not tap dancing, not little heart-rending victim stories, just tell us the number.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 5:55 p.m.


See context

Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I will be sharing my time with the member for Kitchener Centre.

It gives me great pleasure today to rise in favour of the motion regarding Bill C-59, which we are hopeful will be passed into law as soon as possible.

Accelerated parole review has been the subject of a great deal of media coverage in recent months. It has also been the subject of a number of debates by parliamentarians and Canadians alike.

As hon. members know, the overwhelming consequences to the victims of white collar crimes, such as fraud, have become an issue all too familiar for Canadians and their families. Canadians have been quite clear and consistent in asking that the government take immediate action to protect the rights of the victims of these crimes and to make certain that offenders convicted of white collar crimes are held accountable for their actions. This would be possible with the passage of this bill.

It was not long ago that such crimes as fraud were considered to be victimless, as many of these crimes were depicted to occur against government, institutions and Canada's business community. This is no longer the view today. Canadians are continually being reminded of the devastating financial consequences that these crimes can bring to them and to people they know and love.

I believe I am speaking for most Canadians when I say that we can no longer continue to be harmed by these acts. Many lives are filled with the agony of financial ruin, and hopes for a brighter future are dashed. For many Canadian victims, this has become the reality as they most often never return to the position where they were before.

The current parole system in Canada allows for those incarcerated for white collar crimes to be eligible for release after serving one-sixth of their sentence.

Victims of crime deserve our support. This is why we have been given the opportunity to change this with Bill C-59.

I will speak briefly about our government's commitment to victims of crime and our ambitious agenda with regard to justice and tackling crime.

The crimes that our citizens are being faced with are very real. We, in turn, must commit to protecting their rights by listening and reacting. This has been one of our consistent priorities since we first were elected in 2006. I am happy to report that we have taken action in a number of areas.

The impact of crime on the lives of individuals, their households and the prosperity of Canadian communities is enormous. That is why we have taken a number of measures to ensure victims' rights are given the prominence and resources they deserve.

One of our first actions upon taking office in 2006 was to introduce the federal victims strategy. Since then, the government has committed over $50 million to this strategy.

An independent resource for victims, the Office of the Federal Ombudsman for Victims of Crime, was created as one of our first steps toward this endeavour.

Public Safety Canada manages the National Office for Victims, which plays a vital role in providing victims with an opportunity to voice their views in the corrections and conditional release process. It also does much more than that. It helps victims and their families by providing them with information and services they need during what is likely to be a very trying time in their lives.

The Policy Centre for Victim Issues, which is part of the Department of Justice, also plays a critical role in improving the experience of victims of crime in the criminal justice system. It helps victims and their families understand their role in the criminal justice system and the laws, services and assistance available to support them.

The policy centre ensures that the perspectives of victims will be fully considered when relevant federal laws and policies are developed. It also aims to increase awareness both within Canada and internationally about the needs of victims of crime and effective approaches to respond to those needs.

The online victim services directory found on the website of the Department of Justice is an example that our government has gone above and beyond to meet the needs of victims by helping them obtain the services they require.

The directory's numerous objectives include helping service providers, victims and individuals locate services for victims of crime across Canada and allowing victims to determine which services they may require. The directory also acts as a link between organizations and victims with a view toward helping all individuals access victim services. This is how we are ensuring that victims are being heard and that they remain a priority in the justice system.

As I mentioned earlier, our government has made tackling crime and protecting the safety of Canadians one of our chief priorities since being elected in 2006. As such, we have tabled and passed a number of pieces of legislation that are tough on crime with a view to making our streets and citizens safer.

We have passed two pieces of legislation in particular that speak directly to cracking down on violent gun crime and protecting Canadians from the very serious and increasingly complex issues of identity fraud and identity theft.

The government has also introduced legislation that allows victims to have a stronger voice in Canada's parole process. Our legislation will give victims the right not only to attend, but to speak at hearings presided over by the Parole Board of Canada. It will also offer more rigour and structure in the parole hearing process by, in most cases, precluding offenders from withdrawing their parole applications less than two weeks before a scheduled hearing.

Our government has delivered a bill that victims of crime have asked for, one which our government believes they deserve. Bill C-59 is another step in our government's long-standing belief that victims matter and that their voices should be heard.

It is important to note that victims of non-violent white collar crimes are often angry or disillusioned to learn that the perpetrators of those crimes are eligible for release relatively soon after they begin serving their sentence. In the current model of accelerated parole review, the Parole Board of Canada has limited discretion unless it believes that the offender in question is likely to commit a violent offence. In practical terms, that means someone who is convicted of a white collar crime is not assessed for parole using the same criteria as for other serious offenders. This is not just, in our government's view. We believe it does not properly serve victims of these often debilitating crimes.

I am sure all Canadians would agree that they would like to see the justice system prevail. Our government believes that Bill C-59 is an important step toward making that a reality.

The changes proposed by our government would put offenders who commit fraud and other white collar crimes on the same playing field as other offenders. Their eligibility for regular day parole review would commence six months prior to full parole eligibility, and full parole review after serving one-third of their sentence.

The message we are trying to send with this legislation is that offenders should be held accountable for their actions and that victims' interests should be heard.

It is imperative that we work together to ensure that the changes our government is proposing become law as soon as possible so that justice may be served.

In conclusion, I urge all hon. members to vote in favour of this motion, and by extension, stand up for the victims of white collar crime.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 5:45 p.m.


See context

Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, this is a closure motion, which usually occurs when there is some urgency, an emergency or a critical element of the government's agenda. It appears that for whatever reason the government will succeed in the closure motion in order to rush through Bill C-59, about which not a member in the House, possibly not even a member in the government, knows what the cost will be. The government does not have a clue.

I am told, though I do not know this for a fact, that it may affect 900 people. If we increase the incarceration of 900 people by even a year, that is an additional $100,000 that taxpayers must pay to support that incarceration.

Does the hon. member for Brampton West have any idea what the cost of the bill might be?

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 5:25 p.m.


See context

Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I am pleased to speak on this issue today regarding Bill C-59.

I spoke about this matter earlier today when the Minister of Justice was answering questions and attempting to support the wisdom of invoking closure.

The first thing I want to point out about Bill C-59 is that first reading was only on February 9. While it is true that this was part of a larger bill, it should be remembered that the larger bill was in fact killed by prorogation.

We are therefore here today with the Conservative government invoking closure in circumstances where it had killed the previous bill. It only introduced Bill C-59 on February 9 and has taken the undemocratic step today of invoking closure to limit debate.

In addition to simply being undemocratic, it is not logical. We have to examine this legislation from the perspective of what the bill would do and why at this point in time we cannot make an intelligent decision on whether or not it makes sense.

I think on behalf of all of my colleagues in the Liberal Party, I want to say that nobody has sympathy for Earl Jones or Mr. Lacroix being released early. It was a mistake what happened with Mr. Lacroix. That should never have happened.

However, it never would have happened if the Conservatives had actually turned their heads to this matter and been reasonable back in the fall of 2010 when, in the justice committee, Bill C-21 on white collar crime was being studied. There was a Liberal amendment in committee to eliminate the one-sixth accelerated parole review. That would have prevented Mr. Lacroix from being released early. However, the Bloc Québécois and the Conservatives voted to defeat the Liberal amendments.

The Liberal Party was more than aware of this problem last fall, obviously, but the Bloc and the Conservatives decided to ignore it.

Thus here we are today with the government seeking to invoke closure on Bill C-59. That closure motion was obviously successful. The government did that for Bill C-59 when it was only introduced in first reading on February 9, 2011. It made the argument that this was urgent after Mr. Lacroix was released and, obviously, after voting against the Liberal amendments in justice committee that would have solved this problem.

I therefore suggest, first, that their arguments about the urgency of this bill and the reason to invoke closure and their arguments about being concerned about this type of early release are not logical. If they had been logical, the Conservatives would have supported the Liberal amendments last fall to solve this problem.

Regarding one of the serious reasons why I believe this is premature at this time, every time we pass or change one of these federal statutes, there are consequences, whatever they might be. Some are good and some bad, depending on the legislation, obviously.

However, for this particular legislation, other than cases like those of Mr. Lacroix and Mr. Jones, which are coming, what are we trying to solve? Is it a circumstances where we are trying to eliminate this one-six provision for all offenders, because that is what this would do, including for non-violent first-time offenders?

I suggest, at least in some of those cases, that would be inappropriate, because we would be defeating any chance of these persons being properly rehabilitated and reintegrated into society when, frankly, some of them do not need to be in prison any longer.

If we are going to do this, what I would like to know is how many Canadians who are incarcerated now, and obviously we do not know what will happen in the future, would this affect and what would it cost? It is a very simple question. Do we as parliamentarians not have the right to know what these measures would cost?

A number of us, including our esteemed public safety critic, asked the Minister of Justice today what this would cost. He danced around the question, not once answering it. It was a very simple question: how much would this cost and how many people would it affect, that is, how many people would be in prison longer and what would this cost?

The estimates vary, depending on who is writing the report or providing the information, but I have heard that it costs anywhere from $77,000 to $103,000 per year, per prisoner, to keep them in jail. Whatever the number is, we need to add that up and determine how much more this would cost while also factoring in the need for more prisons. There has to be some figure for this, and as a member of Parliament, I would like to know what it is, so when people are voting they actually know what they are doing.

We need witnesses on this bill. We need to have reasonable committee hearings on this question. We will have four hours to deal with it. I want Canadians to know this. We have a piece of legislation that is designed to fix a problem the Conservatives ignored last fall when they voted down Liberal amendments in the justice committee. However, after Mr. Lacroix's release and after they refused to stop that, they are now saying this is urgent and have invoked closure and they are now are requiring the public safety committee to consider all of this, including clause-by-clause examination of the legislation, within four hours.

If it is done within four hours, that is fine. If it is not done, the bill will be reported back to the House without any amendments. If, for example, the Conservatives decided to filibuster and simply talk out the four hours tomorrow, there would be no chance whatsoever to even attempt to pass amendments. We will see what they do tomorrow, but that is something they have done frequently in the public safety committee, simply talking out the time to avoid actually having votes and trying to forward things constructively.

Thus tomorrow there will be a very limited period of time to have witnesses before the committee to examine this issue. We will be asking questions of the witnesses who do appear, including how much it will cost and the ramifications of this change in the law. However, we will not have an opportunity to call meaningful witnesses for a prolonged period of time into the future.

We will need examples of other individuals, not just those who make the press, like Mr. Jones or Mr. Lacroix, but other persons. Whom would this affect? I would like to know some of the people who are incarcerated right now who would be eligible and who would be stopped from being released on this one-sixth parole system, if this legislation were amended. We need to see what they have done, whether they have been rehabilitated or participated, whether they can make a meaningful contribution of society in the best knowledge of the parole board. I think we need to see those cases.

Another issue that will be given no consideration at this point in time is what will be the effect upon this legislation and whether it is even constitutional. Does it violate the Charter of Rights and Freedoms in having any retroactive effects? I do not know. That is not for me to decide, but it is something to be discussed and examined and on which witnesses should be called. I do not believe it is something that will be addressed within the four hours tomorrow, because it is all very last minute from what occurred this past Friday.

There are additional solutions that could have been considered to fix this problem with Mr. Jones and Mr. Lacroix. Look at Mr. Jones. I think he received 11 years, or something in that range. Why could we not increase the sentences for such persons who commit such heinous frauds? I have no sympathy for these individuals: they have destroyed people's lives, taken their life savings. Why does the current legislation not allow maximum sentences or tough sentences?

The government likes to say that it is tough on crime. Why is it not being tough in terms of sentences for these sorts of individuals? That is a mistake, and rather than focusing on that, the Conservatives are looking at something that only seems to be politically expedient and will not actually punish the persons who might do this in the future to a more significant extent. If the government is not willing to protect Canadians in this manner, it should fess up and actually admit to it.

Another point is restitution. I would like persons who have been defrauded to automatically have some type of restitution order contained in the sentence. Let me use Mr. Jones as an example.

If Mr. Jones steals millions of dollars from an investor, under part of the criminal justice legislation, judges should be directed to make a restitution order for an appropriate amount of money based on how the investor was defrauded. It should not be optional. It should be mandatory as long as there are set facts.

Under the criminal justice system, we would be convicting somebody beyond a reasonable doubt, but the civil system requires a lesser balance of proof.

In my mind, because it takes more evidence to convict somebody of fraud under the criminal system, it is logical that if an individual is convicted of that fraud, a civil judgment should accompany that conviction. The innocent person would not have to hire a lawyer, go through the process again, bear those expenses and prove the case all over again. In the criminal system it is the Crown, but it is really the same evidence. That is another thing the government could have considered.

I have talked about increasing sentences, but in terms of restitution, that could possibly put money back into the pockets of innocent victims. Maybe the government could assist with some type of tracing system to help people realize something on these judgments.

We could do other things, but the restitution issue has been absolutely forgotten. Instead, we have the politically expedient dramatics of simply attempting this one-sixth possibility without having the sophistication to distinguish the persons who should not be able to avail themselves of this possibility, like Earl Jones. However, people who have committed non-violent offences on a first-time basis would also be caught by this. It would not be fair to a lot of them, it would not logical and it would simply cost the Canadian taxpayer more money.

We have talked about other possibilities. Enforcement is another point. The RCMP integrated market enforcement team in Vancouver looks into these sorts of crimes, but its funding is minor. It is not up to speed in what it requires. Why are we not seeking funding for enforcement as opposed to simply seeking the elimination of early parole when, once again, there is no immediate urgency to this?

The government likes to speak about the possibility of Earl Jones obtaining early parole, but he will not be eligible for parole until at least 2012. We are not talking about anything that is immediate. It is certainly nothing that would invoke closure today and limit the right of members of Parliament to ask questions, have meaningful witnesses at committee and to ask about the costs involved with this.

Some of my other colleagues have mentioned turning Canada into the California of the north. It is a risk. I support some of the crime bills before Parliament and others I do not. However, the risk with all of them is we will have to build more prisons and the costing is not before Parliament yet. We do not know everything the bill will do.

I want to give the House an example of how the intellectual rationalization is not honest at times. That one example is the international transfer of prisoners act, which we discussed in the House last week in question period. The Minister of Public Safety rose in the House and said that the Liberals were not thinking about victims. The legislation would give the minister extra discretion to stop the transfer back to Canada of Canadians who have been incarcerated internationally, such as the transfer of a Canadian from an American prison to a Canadian prison, not releasing him or her back on the street but simply moving the individual from one prison to another.

The rhetoric used is we are not thinking about the victims. By trying to leave these reasonable provisions in force, we are not thinking about the victims. I think the Conservatives are referring to Canadian victims, but that is not logical because the victims in those circumstances would be international victims. If we have a Canadian person who has committed a crime abroad, the victim is there. Yet the rhetoric we hear is that we are not thinking about victims because we think it might be better to bring a prisoner from a foreign prison back to a Canadian prison so he or she can receive rehabilitation.

If we consider look at the analysis, if we do not transfer people back from foreign prisons to Canadian prisons, once they come back into Canada, which they have a right to do as Canadian citizens, they have no criminal record. There is no parole. We have no controls over them. In essence, Canadian citizens are less protected. It is better to bring them back and ensure they have rehabilitation and criminal records. Then when they are released on parole, they have ties and we can monitor them and put conditions in place.

Once again, we get the rhetoric of not protecting victims, yet the victims are abroad and it better protects Canadian citizens if they are brought back to be rehabilitated, to have criminal records and to have ties on them when they are released.

It is not logical, but we hear soft on crime. Frankly, the Conservatives are illogical on crime.

A lot of people, commentators and academics, have criticized the agenda of the government. I will give a couple of examples.

The Calgary Sun criticizes the Conservatives, and some may find that difficult to believe, but it is true. It says:

Tack on vast amounts of money to build more jails and watch the federal deficit soar and the public groan under the weight of unthinking ideology and higher taxes.

It goes on to say:

There’s a right way to reform the justice system and a wrong way to do it.

Naturally, the Conservatives did it the wrong way, going way overboard instead of using some judicious fine-tuning to fix some glaring mistakes.

It goes on to say:

Throwing out the baby with the bathwater, however, is just a reflection of terrible policy prescriptions and Conservative shortsightedness.

That is one commentator in that regard.

We have another think-tank, the Canadian Centre for Policy Alternatives, which describes this as tough on taxpayers and lazy on crime. It refers to the government using charge rhetoric and misinformation to advance a crime and punishment agenda, which it argues may lead to more crime and cost taxpayers billions of dollars to house more prisoners.

It should be remembered that we have this entire law and order agenda. I want Canadians to know that approximately one-third of everything on the federal docket dales with is law and order legislation. This is what the Conservatives have done when we have the worst recession since the Great Depression.

We have hundreds of thousands of jobs disappearing and being replaced by, what I would like to call, McJobs. We have pension and health care issues. We have lost standing around the world. We have received fossil of the year awards at environmental conferences. Essentially, we have many difficulties and problems, yet the Conservatives, according to some of their own commentators, are simply using these statistics and this agenda to try to make Canadians fearful, to try to convince them that somehow the Conservatives are the ones who will protect them.

If we look at objective statistics, the use of guns in robberies declined 15% in 2009 from 20% in 1999. The violent crime rate decreased by 14%. We have the lowest rate since 1989. I could go on and on. All of the statistics show that across Canada things are getting better, not worse. Yet during these terrible economic circumstances, rather than being responsible and dealing with those issues, we are dealing with one-third of the Conservatives' agenda on criminal law and order.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 5:15 p.m.


See context

Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I welcome the opportunity to express my support for this motion, one that will help us deliver the essential reforms proposed in Bill C-59.

We must make no mistake that Canadians rightfully expect that white collar offenders will face consequences for their actions. Today I rise in the chamber to support this motion knowing, like other members, that Canadians have asked us to stand up for the rights of victims of white collar crime. Standing up for those rights means taking action and the motion before us today would do exactly that. It would help ensure the quick passage of Bill C-59.

There may have been a time when Canadians saw white collar crime as a faceless victimless act targeting corporations instead of households. However, I think we can all agree today that fraud and other crimes of this sort can ruin the lives of individuals and their families. The financial security that comes from years of responsible saving can simply vanish overnight. Lives can be instantly turned upside down.

We have a real opportunity before us to fix this problem through Bill C-59. This government has been unwavering in its commitment to better balance the rights of victims with those of offenders. This belief has been at the forefront in driving our public safety and justice agenda. We continue to take several steps to listen and respond to concerns from victims.

One of the early initiatives of this government was the creation of the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims. As a further signal of our commitment to better meet the needs of victims, we committed $52 million over four years to enhance the federal victims strategy. We wanted to ensure that victims were given more opportunity to be heard in the corrections and conditional release process and we wanted to help victims gain access to the information and services they might need.

The National Office for Victims at Public Safety Canada is delivering on this very important work. These efforts also extend to the Policy Centre for Victim Issues at the Department of Justice. Resources made available by the policy centre can help victims attend parole hearings or seek assistance if they experience crime while outside of the country. Not knowing where to turn for help can be an added burden on a victim, one that this government wants to help ease.

The Department of Justice Canada now offers an online victims services directory organized by type of crime experienced and support services offered locally. In addition to these steps, our legislative agenda clearly confirms our commitment to better balancing the rights of victims and law-abiding citizens with the rights of offenders.

We introduced reforms that ensure victims have the right to make statements at Parole Board of Canada hearings. At the same time, we have introduced measures in Bill C-39 so that offenders cannot withdraw their parole applications 14 days or less before a hearing date, ensuring that victims do not travel needlessly to attend a hearing that will not take place.

We passed legislation that targets identity theft and identity fraud, crimes that are growing in frequency and in damage. These reforms were asked for by victims and this government responded. Victims duped by white collar offenders are rightfully angered to learn that these offenders can be eligible for supervised release soon after they are sentenced. As it stands, these offenders will be released into the community under supervision after serving one-sixth of their sentences unless the Parole Board of Canada has reasonable grounds to believe these offenders will commit a violent offence if released. Again, this is simply unacceptable.

Let us consider this scenario, one that I, like most Canadians, would find appalling. A white collar offender, whose fraudulent acts may have victimized many, could automatically receive day parole two years into a 12-year sentence. This same individual, who may have emptied the savings of several families, could be granted full parole at four years.

The Parole Board of Canada needs to have the discretion it now lacks in dealing with these cases. The only test now is whether an offender is likely to commit a violent offence. Even when the Parole Board believes the offender is likely to commit another offence, including fraud or theft, it is able to release them if he or she does not meet that test.

Bill C-59 would eliminate the current system of accelerated parole review whereby offenders who commit non-violent crimes, such as fraud, can be released on day parole after serving one-sixth of their sentence.

Bill C-59 proposes the much-needed reforms that would treat those who commit fraud and other white collar crimes the same way as other offenders. They will be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third of their sentence.

This government firmly believes that those who commit crimes must be held accountable for their actions, and we took steps accordingly. Victims asked us to, Canadians asked us to and now I ask all hon. members in this House to join with me in supporting the motion before us today. We must ensure the timely passage of Bill C-59. We have a shared responsibility to answer victims and their needs. Let us deliver on that commitment.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 5 p.m.


See context

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Madam Speaker, it is a pleasure to rise in the House to speak to this bill. I will be splitting my time with the member for Saint Boniface. I look forward to her speech.

It is not that often that I get to stand to support a colleague from the Bloc Québécois on a bill, but I am appreciative that we can do it in this case.

It is a pleasure to speak to this today and to ensure that Bill C-59 passes into law in a timely and forthright manner.

One of the reasons I feel good about speaking to the bill is this is one of those policies or issues, which 10 years ago, when I was first elected or even running in the nomination, we wanted to have changed. Indeed, it has taken a long time, but when we sense that there is a possibility of this coming into effect, it gives us reason for celebration.

Allow me to begin by emphasizing that the Government of Canada is committed to an approach to crime that places a stronger emphasis on protection of society as a guiding principle for corrections and conditional release. This approach will strengthen victims' rights. It will also increase offender accountability and help offenders to take responsibility for the acts they have perpetrated.

Under the current system, accelerated parole review provides a streamlined parole review process for non-violent offenders serving their first penitentiary sentence. Currently, non-violent offenders can access day parole at one-sixth of their sentence. Then they can receive full parole at two-thirds of their sentence.

The issue of accelerated parole review has been debated here as well as in other venues. It has been debated in the media for a very long time. We are all only too aware of the terrible consequences, both short and long term, that white collar crime, such as fraud, can and does have on the lives of Canadians. We acknowledge that Canadians want the Government of Canada to take action to ensure that white collar offenders are held accountable for their actions. Canadians also want the Government of Canada to do what is right and act in the interests of victims of the crimes. Citizens, constituents and the general public have been very clear. They want us to take action now and they want us to take action quickly, which is what the motion today is about.

We fully understand that crimes of fraud victimize a great number of people. These crimes are not only committed against large corporations, other corporations, or even governments, but individual Canadians and their families are victims as well. We are determined to put an end to such crimes and to give offenders the sentences and the prison time they deserve.

Certainly there is a human face of fraud. It is safe to say many Canadians are often shocked and angered by the harm caused by these acts. Savings have been wiped out. Lives have been ruined. For many victims, the sad and tragic truth is that they can never return to the financial position they were in before the crime was perpetrated. It is both unjust and unacceptable that today, under the current system, white collar offenders can be released after one-sixth of their sentence is served in prison for their crime.

Bill C-59 is one of the milestones that will make the kind of important changes needed to support Canadians who have become victims of crime. Helping victims of crime has always been at the heart of the government's public safety and justice agenda. Our government is committed to ensuring that their voices are heard and that their concerns are taken seriously. In fact, we have already taken concrete steps and have made genuine progress as part of our important agenda.

In June of last year, for example, this government set the stage for reforming our corrections system by introducing Bill C-39, An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts. The proposed amendments include key reforms in four main areas: first, enhance sharing of information with victims; second, enhance offender responsibility and accountability; third, strengthen the management of offenders and their reintegration; and fourth, modernize disciplinary actions.

We are determined to implement the kind of initiatives to ensure the scales of justice are balanced to include victims.

Other initiatives that we have already taken include the commitment of $52 million over four years to enhance the federal victims strategy so that government can better meet the needs of victims.

We also created the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims to access.

The National Office for Victims at Public Safety Canada is also working to give victims a greater voice in the corrections and conditional release process. It also assists victims in getting access to the information and the services that they may need.

The Policy Centre for Victim Issues at the Department of Justice is also helping the government to better meet the needs of victims, for example, by giving them resources to attend parole hearings and to seek help if they experience crime while they are abroad.

We are also helping victims connect to the services they need through the online victim service directory, which is available on the Justice Canada website. The directory helps victims search for appropriate agencies in their area according to the type of victimization that they have experienced and the type of support that they are seeking. We hope it can help ease the burden on victims of crime who, in some cases, do not know where to turn or what services are available to them. Many in rural parts of the country question whether or not a certain resource is available to them in rural Canada.

We have also made sure that victims have a greater say in this country's parole system by introducing legislation that, among other things, would enshrine in law a victim's right to attend and to make statements at Parole Board of Canada hearings while preventing offenders in most cases from withdrawing their parole applications 14 days or less before a hearing.

Victims of white collar crime and of fraud, in particular, have been dismayed in many cases to find out that the offenders who carry out these acts can be released so soon after they have been sentenced and after they have been perhaps incarcerated.

Unless the Parole Board of Canada has reasonable grounds to believe offenders will commit a violent offence if released, it must automatically release them into the community under supervision. This means that in some cases a fraudster, for example, can be back on the streets much too early. Such an offender could be sentenced to 12 years in prison but he or she could actually be released into the community on day parole in just 2 years and receive full parole in just 4 years. This is not acceptable to many Canadians and it is not acceptable to the Government of Canada.

The status quo gives the Parole Board of Canada limited discretion in dealing with these cases. The test is whether an offender is likely to commit a violent offence. As a result, even if the Parole Board believes the offender is likely to commit another fraud, another theft or another drug offence, it is compelled to release the offender back into the community.

This offends my constituents. It offends most Canadians. It offends them because they believe there is no justice. It undermines their faith in our system. It undermines their faith in the Correctional Service of Canada. Victims want to see these sentences served.

I commend the Bloc for allowing us to proceed with this. I thank the House for the opportunity to speak to this important motion.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 4:40 p.m.


See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

That is exactly why they did it in a press release.

The Bloc Québécois does not care whether the Bloc or the government sponsored the bill. However, this does seem to be important to my colleague, the Liberal public safety critic. That is not what is important. What is important is that we abolish the one-sixth rule, that we get rid of accelerated parole review, and that we stop undermining our current justice system and people's confidence in our ability to protect them.

The Conservatives have not yet grasped that people do not want harsh sentences, they want sentences that are served. They want sentences to be served in their entirety. Therefore, this Conservative negligence is further proof that this government is, in my view, more concerned with putting on a show than anything else.

However, I am assuming that this goodwill could perhaps shed a little more intellectual light on their view of public safety. I invite them to support other Bloc bills that are currently in the works, effective bills that will ensure public safety and victim protection.

The first Bloc Québécois bill, Bill C-343, would support the families of victims of crime. I will not repeat it, but this bill has received a great deal of support, and I invite them to support it. Another Bloc bill, Bill C-608, would amend the Criminal Code to make it an offence not to report to the authorities instances of sexual or physical abuse of children. I invite them to support this bill as well as my bill on human trafficking, which would make it possible to impose consecutive sentences on traffickers and pimps and also to seize the assets of these criminals. Let us keep the momentum going: I invite them to support our other worthwhile bills.

And now I would like to discuss the urgency of this situation. Why pass this bill quickly and therefore limit the time for debate, given that there is obstruction on all sides? They would prefer to talk about it for days, months, or even years. The question is “"Why?” The answer is: Because it is urgent. We now know—and we all know it—that this provision is absurd, that it makes no sense and that it should be eliminated. We all know it. Yes, it is true that Earl Jones will soon be eligible, but he is not the only one. There are many guys like him that the media do not talk about, who get away with it and discover that crime pays well, because they are making money. They go to prison for a few months and then they are out again.

The Liberal Party of Canada and the NDP are saying that we have plenty of time to study this bill and that the overall system needs to be looked at. That is not true. When we look at Bill C-39, which is currently before committee, we see that not witnesses have yet been heard. And so, debate on the bill at committee stage is far from complete and it still needs to be sent back to the House. I can assure you that at this pace, we can expect Earl Jones and all the others like him—in Quebec, Canada or elsewhere—to have been released.

We cannot forget that Bill C-39 includes a number of provisions. It will clearly take longer to study than Bill C-59, which has only one provision.

It would be untrue to say that splitting Bill C-39, as we did, is wrong and should never be done because it would be dreadful. That is hypocritical. In fact, last summer we split Bill C-23, much to the pleasure of the Liberals and the NDP. We kept certain provisions. Other provisions are currently being studied in committee.

I would like to remind the Liberal and NDP members that, if their current irresponsibility were copied by the majority of parliamentarians—which I hope will not be the case—it would lead to the possible early release of another economic predator, Mr. Jones.

Moreover, Judge Hélène Morin had the following to say about Earl Jones. She gave the example of the case of one of Mr. Jones' victims, Ms. JD—her real name has not been released. The story is quite tragic and shocking. Ms. JD's husband was killed by mass murderer Valery Fabrikant at Concordia University in 1992. While she was in mourning for her husband, she turned to Earl Jones for financial and management advice. She had accompanied her husband to a financial planning session in Pointe-Claire a few years previously.

To Ms. JD, Earl Jones seemed incredibly comfortable managing money, an area with which she was not very familiar. Over the years, she began to allow him to make decisions on her behalf more and more frequently.

This woman suffered unbelievable grief as a result of the actions of mass murderer Valery Fabrikant and then she found herself the victim of another predator, this time a financial one, Earl Jones. Can we put ourselves in this woman's shoes? Can we imagine how she must have felt when she found out that this man was going to get out of prison after only a few months? Do we agree that this is not right? And since it is not right, this partisan attitude is even less appropriate. Such an attitude should not prevail here. The public interest should be our priority.

Judge Morin said that Ms. JD was upset when Earl Jones made the headlines. The media described him as a financial predator but she believed that he actually cared about her and her family.

I am not making any of this up. It is normal. Those who commit a fraud of this magnitude and even those who commit smaller-scale fraud are very skilled manipulators.

Judge Morin added that, after all, Mr. Jones had counselled Ms. JD following the death of her husband. Before abandoning him, Ms. JD wanted to know the truth. As she wrote in her statement, the truth was that he had abandoned them, her and the others. He did not have any pity for his clients regardless of their age or needs. In addition to having to deal with the tragic death of her husband, she also had to deal with being a victim of the accused.

This guy was absolutely merciless. And he is just one of many. Fraudsters of that ilk, and even small-time fraudsters, show no mercy for their victims. For them, it is a way to make a fast buck. We can imagine how important it is to keep these people in prison in order to rehabilitate them and to reduce the factors that led them into crime. If they get out after a few months, how can we work with these men and women—for there are also women who do this—and rehabilitate them? It takes time.

However, when a law states that they must be transferred to a halfway house after one-sixth of their sentence is served, how can they participate in any programs on the inside? Is it safe to say that all risk factors have been reduced at that point? Have they worked on their criminogenic factors? Not everything is being considered here.

The petty politics that the Liberals and NDP are playing are only going to help people like Earl Jones and Vincent Lacroix, who are merely symbols; there are many others. The Liberals and NDP are going to allow their release, even though such criminals have not necessarily had the opportunity to take programs that target their criminogenic factors.

In my riding, in Montreal and Laval, we also had our fraudster. There have been a few, but one really stands out: Leon Kordzian. He unscrupulously cheated 25 people in Montreal and Laval out of $1 million.

He speaks several languages and is very intelligent. He defrauded a number of people of Armenian, Lebanese, Iraqi, Greek and Italian origin. He recruited them at a small, well-known, local coffee shop. He had contacts. It is even said that he might have had a contact at the bank. These people lost everything: their retirement, their homes. They are living a nightmare.

At the end of January, the leader of the Liberal Party came to my riding and was five minutes away from the coffee shop where Mr. Kordzian had operated. Did the Liberal leader meet with any of this fraudster's victims? Will he meet with them to explain that, because of his petty politics, this fraudster might get released after serving one-sixth of his sentence? Whether this happens in Ahuntsic, in Canada or in Quebec, the Liberals and the NDP will have to be accountable for this.

In closing—

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 4:30 p.m.


See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

Madam Speaker, I am sure it is no surprise to hear that the Bloc Québécois will be supporting this government motion.

I am pleased to be speaking in the House today to share our reasons for supporting this motion to limit the time set aside for the consideration of Bill C-59 at various stages. As we all know, this bill would eliminate accelerated parole review or, in other words, eliminate automatic parole for a non-violent offender after one-sixth of the sentence has been served.

I must say that I am extremely proud to be a Bloc member of Parliament and to be part of a political party that puts the interests of Quebeckers above all else. We listen to what Quebeckers have to say about each and every aspect of their lives. Not only do we listen to them, but we also speak for them here in the House. Today we are speaking on behalf of Quebec's small investors, people who have been victims of white collar crime. We are also speaking for the seniors who have been tricked by these kinds of fraudsters, not all of whom are necessarily like Vincent Lacroix and Earl Jones. We are speaking for all these people so that they can be heard today in the House.

This debate has shown once again that neither Quebec nor the rest of Canada can count on the Liberals or the NDP. But before I get into why it is important to pass Bill C-59 as quickly as possible, I would like to give a little bit of history.

I find this situation very ironic, since twice, on September 14, 2009, and March 3, 2010, the Conservative government refused to support the fast-tracking of the Bloc's Bill C-434, which had the exact same purpose as Bill C-59: to abolish accelerated parole review. At the time, the Liberals and the NDP were not at all opposed to fast-tracking our bill. They supported us twice. Last Thursday, in good faith, I asked for the unanimous consent of the House to fast-track the government's bill, but the NDP and the Liberals refused. That is odd. Now, these two parties want to slow down the process and could bring about the release of a number of fraudsters, not just Earl Jones, who have destroyed entire lives in Quebec and all over Canada. Once we start the debate on Bill C-59, I will give examples from several ridings.

They say that they want to spend more time looking at the bill, but that is odd because they had no problem with passing it quickly in September 2009 and March 2010. I think that they are simply opposing the motion for the sake of opposing it. They have decided to play petty partisan politics at the expense of the victims, and that is not something I say often. All they want is to stall things. It is not a matter of democracy. Earlier we heard them say that they felt that their right to speak was being trampled on, that they were not being allowed to debate and hold committee meetings to talk endlessly about something they had strangely already agreed to in September 2009 and March 2010, without any debate and without asking any questions about the costs, as the Liberal critic was doing earlier. It is as though, in this case, all that the NDP and the Liberals want to do is to childishly annoy the government.

If they want to annoy the government, then they can go right ahead, but not at others' expense.

This is an extremely serious issue, and the attitude of these two parties is irresponsible and despicable. In his speech, the Liberal public safety critic said he was disappointed that the government did not consult the Liberals. That is so childish. They are annoyed that the government consulted the Bloc and not them. That level of childishness is not even found in the schoolyard.

Even though the Conservative MPs and their government introduced this bill and are now supporting the abolition of parole after one-sixth of a sentence, which is more than necessary for justice in Quebec and in Canada, they are responsible for the early release of economic predator Vincent Lacroix. They twice refused, once in September 2009 and once in March 2010, to support a unanimous vote to fast-track the Bloc's bill. The early release of Vincent Lacroix goes completely against the idea of public safety and damages the credibility of our justice system, where a 13-year sentence can turn into 15 months of incarceration.

Through blind partisanship—it is nothing more than that—the Conservatives have contributed to the release of Vincent Lacroix. If we leave it up to the Liberals and the NDP—I am glad we can join forces for a majority and prevent this from happening—then in December it will be the turn of Earl Jones and all those who have not been in the media but have stolen thousands and millions of dollars from people who saved their whole lives only to end up with nothing. It is not just money that vanishes, but entire lives. There are people who lose their homes and the financial cushion that allows them to survive. These are seniors who are no longer able to work and are ending up with nothing. That is unacceptable.

I would like to read to all parliamentarians, all our colleagues, a few excerpts from what the honourable Judge Richard Wagner said on October 9, 2009, about Vincent Lacroix:

The evidence shows that the acts with which Vincent Lacroix was charged and of which he pleaded guilty led to a shortfall of close to $100 million for 9,200 investors, rocked the structure of financial markets, and caused serious moral damages to the victims of this financial scandal, which was unprecedented in the annals of Canadian legal history.

It is true that Vincent Lacroix did not use physical violence in perpetrating his crimes.... While Mr. Lacroix's crimes were not accompanied by direct physical violence, however, the court is of the opinion that his crimes caused his victims and their families considerable moral violence because of the stress, insecurity, and uncertainty experienced by those who lost their life savings intended for their retirement.

The Conservatives did not assume their responsibilities in time to avoid this mess, but we must acknowledge that they are assuming their responsibilities now. The Conservatives' failure to take responsibility was so blatant that they were publicly called out on it many times by the Bloc Québécois and by Vincent Lacroix's victims.

It took some nerve on the part of the Minister of Public Safety and that Conservative senator, who fancies himself as an elected member even though he is afraid to run, to say in a press release last Wednesday that they “called on all members of Parliament to pass the Harper government’s legislation to abolish accelerated parole for white collar criminals”. I do not wish to name the senator, but everyone knows who I am talking about.

They managed to say it with a straight face. Unbelievable. I can assure you that they are good actors.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 4:15 p.m.


See context

Conservative

Phil McColeman Conservative Brant, ON

Madam Speaker, I appreciate the opportunity to rise today in support of the motion which will help ensure that we pass Bill C-59, An Act to amend the Corrections and Conditional Release Act into law in the most timely way possible.

Accelerated parole review has been a topic of discussion and debate both here and in the public, including the media, for some time now. We have all heard the heart-wrenching stories about how hard-working Canadians have been deceived into voluntarily handing over their life savings and how their lives, and ultimately their futures, have been destroyed by the white collar criminals who defrauded them.

Canadians have told us that they want action on crime. They want the punishment to fit the crime. They also want to ensure that the rights of offenders are balanced with the rights of victims and law-abiding citizens. The bill would do just that. This legislation would ensure that white collar offenders are held accountable for their crimes and would increase justice for victims by providing tougher sentences for those responsible.

Just a few years ago fraud was considered by many to be a faceless crime as it was seen typically to be committed against big business and multinational corporations. Today, however, victims of fraud are coming forward to tell their stories about how their lives have been changed forever. These individuals and groups are working hard to protect others from suffering the same loss of financial security and confidence that they have endured.

Fraud comes in many forms, including securities-related frauds, such as Ponzi schemes, and mortgage and real estate fraud. In all cases, it involves deception as well as dishonest conduct that deprives the other person of his or her property or puts his or her property at risk.

Fraud can have a devastating impact on the lives of victims, including loss of life savings and feelings of humiliation for having been duped into voluntarily handing over their property or their finances. For many victims of fraud, their lives will never be the same. The crime has damaged them not only financially, but emotionally.

Currently, as hon. members know, offenders convicted of non-violent offences can apply for day parole at one-sixth of their sentence and full parole at one-third of their sentence through an expedited process called accelerated parole review. This can only occur if the Parole Board of Canada is satisfied that there are no reasonable grounds to believe that the offender, if released, is likely to commit an offence involving violence before the expiration of his or her sentence. This means an offender convicted of a serious white collar crime, for example, could be eligible for this type of early release.

Bill C-59 is an opportunity for all of us to change the current system and to stand up for Canadians who have been victimized through this type of crime. Standing up for victims of crime is, and always has been, at the forefront of this government's public safety and justice agenda.

The Government of Canada is committed to supporting victims of crime and to ensuring that victims have a greater voice in the criminal justice system. As a demonstration of this commitment, the government has contributed $52 million over four years to enhance the federal victims strategy. This will go a long way to better meet the needs of victims.

Furthermore, in 2007, the federal government created the Office of the Federal Ombudsman for Victims of Crime, an independent resource for victims in Canada. This office was created to ensure that the federal government meets its obligations to the victims of crime.

Additionally, the Policy Centre for Victim Issues at the Department of Justice works with other federal government agencies, as well as provincial and territorial governments, to help victims and their families understand their role in the criminal justice system and the laws, services and assistance available to them.

The National Office for Victims, which is within the Department of Public Safety, is a single national point of contact for victims who have concerns about offenders and questions about the federal correctional system and the Canadian justice system. This is a starting place for them to ask their questions and get them answered.

The National Office for Victims is a central resource that offers vital information to victims through a toll-free line which victims or members of the general public may call free of charge from anywhere in Canada or the United States. The office also provides input on policy and legislative initiatives, education about victims' issues for members of the criminal justice system, and networking and support for the Correctional Service of Canada and the Parole Board of Canada.

We are also helping victims get the information and services they need online through a victim services directory, which is housed at the Department of Justice. Through this directory, victims and service providers are able to locate the necessary services and organizations they may require in their area. Through these services, this government sincerely wishes to lighten the load of Canadians who have been victimized by providing valuable information and resources that are only a click or phone call away.

We are also cracking down on crime and have introduced numerous pieces of legislation to support our agenda. Furthermore, this government has passed legislation to help combat identity theft and identity fraud which has been identified as a fast-growing problem throughout North America.

We have also introduced legislation that would ensure victims can have a voice at Parole Board of Canada hearings, while ensuring that offenders cannot withdraw their parole applications 14 days or less before a hearing date. Victims of crime have called on this government for changes to the current system and our government has delivered. Bill C-59 would only further build on and strengthen our history of standing up for Canadians who have been victimized.

Many victims of white collar crimes and fraud in particular are shocked and appalled to discover that the individuals who commit these types of crimes can be eligible for supervised release into the community shortly after they are sentenced. Unless the Parole Board of Canada has reason to believe offenders will commit violent acts if released, it must release them into the community under conditions. This means that offenders convicted of serious white collar crimes can be eligible for this type of early release.

As it stands, an offender sentenced to 12 years could be released into the community on day parole in just two years and fully paroled in four years. Is justice being served to Canadians who have been victims of this type of crime? The answer is simply no.

Canadians lose faith in the criminal justice system when they feel that the punishment does not fit the crime. Canadians must believe that our justice and corrections systems are working for them. That is why our government has made the rights of victims and the protection of society our priority. That is why we have introduced Bill C-59.

Bill C-59 would abolish the current system of accelerated parole review whereby offenders who commit non-violent crimes such as fraud can be released on day parole after serving as little as one-sixth of their sentence. Under the proposed legislation, offenders who commit fraud and other white collar crimes would be eligible for regular day parole at the earliest six months prior to full parole eligibility. Through this legislation, this government is sending a strong message to white collar offenders that if they commit the crime, they have to face the consequences of the law.

Canadians have spoken and we are listening. Above all, Canadians want us to work together to take immediate action to ensure that the changes our government is proposing are passed into law. This would mean victims of fraud and other white collar crimes could in fact see that justice is served. I call on all hon. members to support the bill before us today and to work together to ensure Bill C-59 receives speedy passage.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 4 p.m.


See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I am pleased to have the opportunity to join in the debate today and to support the motion before us. I am splitting my time with the member for Brant.

I listened with great interest to the comments of several of our hon. members and I appreciate this opportunity to set the record straight on a number of fronts. Some of our colleagues today suggest that the motion before us is somehow not in the best interest of a free and open debate. The implication is that our government is not listening to Canadians, that we are just moving forward without time to hear what people are telling us.

That is patently false. Canadians have spoken loud and clear since our government was first elected, and our government is listening. Canadians have told us that they want us to take action to keep our streets and our communities safe. Our government has delivered on our commitment to build safer communities in a number of different ways.

Canadians have told us that they want us to work together to get tough on crime. Again, our government has listened and we have introduced and passed a wide range of bills to deliver on our commitment to get tough on crime.

Canadians have told us that they want a justice system that will work the way it should. Again, our government is taking action to ensure that it does. That includes keeping dangerous offenders behind bars, not releasing them into the streets automatically before they are ready. That is why we have introduced new laws to end early parole for offences of murder and to prevent potentially dangerous offenders from serving their sentences in their homes.

Previously, there was a practice for offenders to be granted extra credit for the length of their sentences for time they had served before or during their trial. That was not acceptable to many Canadians, and our government is listening. That is why we have delivered legislation that limits credit for time served in pre-sentence custody.

We have also introduced legislation to tackle property crime, including the serious of crimes of auto theft and trafficking in property obtained by crime. I am proud to note that our government has passed legislation to help reform the pardon system. In particular, we have ensured that the Parole Board of Canada has the discretion it needs to determine whether granting a pardon would bring the administration of justice into disrepute.

In addition, our government has passed legislation to strengthen the National Sex Offender Registry and the National DNA Data Bank so all sex offenders are registered. After all, our government has taken significant action that achieves results in tackling crime in our communities, and we will continue to do more.

We are doing more because that is what Canadians have told us they need. They want a government that listens. Our government has. They want a government that takes decisive action. Our government has done just that, and that is what we are doing again today.

We have heard for several years that many Canadians want to do away with the current system of accelerated parole review. We have heard it from victims of crime and other white-collar crimes, many of whom have seen their entire life savings disappear in the blink of an eye. Many Canadians are outraged that fraudsters, con artists and swindlers can be reviewed for parole after serving just one-sixth of their sentence. Many Canadians ask why offenders should be treated differently from others just because they use a balance sheet rather than a gun as a weapon.

Canadians want answers. They want us to listen and, most of all, they want us to take action today. They do not want us to take action next year. They do not want us to delay taking action. The truth is all of us know what needs to be done. Canadians want results, and, again, our government is listening and taking action. Bill C-59 is all about that. It is about standing up for victims, and that includes victims of white-collar crimes and fraud.

Today, someone who commits fraud, in other words, someone who preys on hard-working, law-abiding Canadians and perhaps swindles their life savings from them is treated differently from other offenders. These offenders receive what sounds like a stiff sentence, but the sentence does not always reflect the amount of time an offender will actually spend in prison.

Today, a white-collar criminal might receive a sentence of 12 years, or perhaps in some cases more, but the reality is many are released on parole before other offenders who might receive a similar sentence.

Unlike other offenders who are generally eligible for day parole six months before full parole, white-collar or non-violent criminals can be free just after a few months in some cases. The general rule of thumb is they can access a process called accelerated parole review after serving one-sixth of their sentence and full parole after one-third of their sentence.

What makes the review process expedited is that these accelerated parole reviews are accomplished through a paper review by the National Parole Board of Canada, whereas regular parole reviews are normally done by way of a hearing in person. The test for accelerated parole review is also lower.

The National Parole Board of Canada only has to have reasonable grounds to believe that the offender will not commit a violent offence, whereas with other offenders the test is whether the person is an undue risk to commit any type of crime upon release.

The bottom line is that the parole board, when dealing with these cases, has limited discretion. The test is whether someone is going to commit a violent offence.

Even if the parole board believes someone will commit another fraud, the board is still compelled to release that individual under supervision at one-sixth of the sentence. That means in many cases people who are convicted of crimes that have had devastating effects on the lives and livelihood of Canadians often spend very little in prison.

The end result is that offenders convicted of white-collar crimes are often released under supervision after a few months. Fraudsters are given lengthy sentences, but these sentences do not result in much time spent in prison.

No wonder Canadians' faith in the justice and corrections system is shaken. No wonder they want change. That is what our government is doing today.

Bill C-59 would abolish accelerated parole review and repeal sections of the Corrections and Conditional Release Act that govern the accelerated parole review regime.

It will mean that offenders who commit non-violent or white-collar crimes are put on the same footing as other offenders. They will be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third their sentence.

Rather than being subject to a paper review, they will be subject to an in-person hearing. The test as to whether he or she should be released will be whether that individual presents an unmanageable risk of committing another crime.

The changes which our government is proposing will mean that Canadians can have faith that offenders convicted of white-collar crimes will not escape full accountability for their actions. These changes will mean that Canadians can have faith that their voices are being heard and that our government is taking action to deliver on our commitments.

I am therefore very proud to support the motion before us today so all of us can ensure that Bill C-59 receives the expeditious passage for which Canadians have called.

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 4 p.m.


See context

Liberal

Andrew Kania Liberal Brampton West, ON

Madam Speaker, I thank my colleague for standing up for recent analysis and reasonable criminal justice legislation. He is the subject matter of personal attacks almost every day in the House of Commons because the government refuses to answer in a logical and lucid manner.

I would like to ask him about Bill C-21. In the justice committee last fall, Liberal amendments were put forward that if passed and accepted, would have eliminated the one-sixth accelerated parole review. In fact, Mr. Lacroix would not have been released if the Conservatives and the Bloc had not voted to defeat those amendments. The fact is both parties are arguing for closure today for Bill C-59, which only went through first reading on February 9, Would my colleague to comment upon that logic and consistency?

Disposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 3:20 p.m.


See context

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, before question period, I was highlighting the many different initiatives our Conservative government had taken since 2006 to make our communities safer, such as bills that strengthen our justice system and efforts to put more police officers on the streets and the funding that is required for that.

I also talked about the bill before us regarding accelerated parole review and looking to eliminate because of serious concerns that Canadian citizens have expressed.

I have discussed the first difference between an accelerated parole review process and a regular parole review process. I would like to now talk about the other two. Let us look at the second major difference.

For most offenders, applying for parole means attending a parole review hearing in person. They must appear before the Parole Board and persuade it that they are ready to live in society as law-abiding citizens. It is quite different for white-collar and other non-violent offenders. That process involves only paperwork. The reviews are done on paper. There are no hearings for the individuals to attend. There is no need for offenders to plead their cases to officials face to face. Again, this is akin to a two-tiered system.

We are telling these offenders and all Canadians that fraud and white-collar crime really is not so bad, that stealing hundreds of thousands and, in some cases, millions of dollars from hard-working Canadians is not such a serious crime. This is unfair to victims. Canadians who have lost their retirement savings are telling us to make changes to the system. That is exactly what we are doing.

Finally, I come to the third key difference between an accelerated parole review and regular day parole. It is perhaps the most shocking one.

As I mentioned at the very beginning of my speech, under accelerated parole first-time offenders convicted of fraud can apply for day parole after serving just one-sixth of their sentence. They can then apply for full parole after serving only one-third of their sentence.

Allow me to do the math on this. Someone convicted of 12 years in prison for defrauding seniors, for example, can apply for day parole after serving only two years in jail. Canadians are shocked. Individuals and families who have lost their retirement savings, their nest eggs, cannot recoup those loses in only two years. In many cases, the loss can be a devastating blow that tears families and relationships apart. Two years later, they continue to struggle with the significant impact of the crime, while the offender is now able to apply for day parole.

How does this compare with the system currently in place for regular day parole? These offenders can only apply for day parole six months before they are eligible for full parole. This means they have to serve almost one-third of their sentence before they can even apply for day parole. It is only fair that non-violent white-collar offenders have to wait the same amount of time before applying for parole.

Therefore, by amending the Corrections and Conditional Release Act, we are recognizing the severity of white-collar and other non-violent crimes and ensuring that the Parole Board of Canada applies the same rules to all criminals. We are sending a message to those who plan to defraud Canadians out of their hard-earned money that they will face the same system of justice as everyone else.

It is time we abolish accelerated parole review and ensure that the time spent in prison fits the crime. That is what Canadians have asked us to do and we are delivering.

I call on my colleagues in the House to work together to ensure the swift passage of Bill C-59.

Disposition of Abolition of Early Parole ActDisposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 1:50 p.m.


See context

Conservative

Ed Fast Conservative Abbotsford, BC

Madam Speaker, I am pleased to speak about the importance of Bill C-59 and to encourage all hon. members to support its swift passage.

Our government has said from day one when we came to power in 2006 that our highest priority is to protect the safety and security of Canadians. In the very first Speech from the Throne, the Prime Minister said that we would tackle crime, that we would introduce changes to the Criminal Code that would ensure tougher sentences for violent and repeat offenders, that we would put more police on the streets and improve the security of our borders. Since that day we have done exactly what we said we would do. As we used to say during the early years of our government: promise made, promise kept.

We have introduced numerous pieces of legislation to tackle violent crime. We have passed new laws that address the growing crime of identity theft and identity fraud. Our government has also introduced legislation to give victims of crime a stronger voice in Canada's justice system. This includes guaranteeing victims a chance to speak at parole hearings and emphasizing the responsibility of offenders to play a role in their own rehabilitation.

Each step along the way we have run into resistance from the opposition parties.

While our Conservative government has done many things already to strengthen the justice system and protect the rights of victims, there is still more work to be done. That is why we have introduced Bill C-59, which would amend the Corrections and Conditional Release Act to abolish something that really has Canadians steaming, and that is the current system of accelerated parole review.

Essentially, what accelerated parole does is it accelerates the process of applying for parole for offenders convicted of non-violent crimes, such as fraud and other white collar offences.

Back when this law was first introduced, crimes like fraud were generally considered victimless because they were not directed at individuals. Instead, they were more likely to target large faceless corporations, but things have changed, and how. Today we hear stories in the media about someone dressed in a business suit, a confidence man, a con artist, stealing hundreds of thousands of dollars from average hard-working Canadians, including vulnerable seniors. Today we understand more clearly how a crime like fraud can affect people on a profound level, wiping out their life savings and putting unimaginable stress on their lives and those of their families.

Even when the offenders are finally brought to court and given prison sentences, victims feel that the justice system has completely failed them. Why? Under accelerated parole, these so-called white collar criminals can apply for day parole after serving only one-sixth of their sentence. Members heard right: one-sixth of their sentence.

Let me briefly review the specific differences between accelerated parole reviews and regular parole reviews. There are three key differences that I would like to address in turn.

First, under accelerated parole, the only way for the Parole Board of Canada to deny day parole to an offender is if he or she is likely to commit a new violent offence. The key word in that sentence is “violent”. Even if there was a fear that the offender would perpetrate new frauds against our communities, the offender would still have the right to go on day parole. That is much less strict than the one for regular parole. The test for regular day parole is whether the parole board has reason to believe that the offender presents an unmanageable risk of committing a new offence, any offence.

A fraudster is held to a different standard than all other offenders. Most Canadians question that. This is clearly an advantage for those white collar offenders, the con artists. An individual who is convicted of fraud, for example, may not have a violent past but may still have criminal intent. With no evidence that the individual is prone to committing a violent offence, the parole board must release him or her back into the community even if he or she continues to represent a significant financial criminal risk to the community.

Our government believes it is unfair to have an accelerated parole system where some offenders are treated differently based on their crimes. We intend to change this practice.

Under Bill C-59, white collar, non-violent offenders would have to face the same parole test as all other offenders.

Disposition of Abolition of Early Parole ActDisposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 1:50 p.m.


See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, the member provided a fact-based explanation as to the elements involved in Bill C-59. One piece of this has to do with the government's reluctance or refusal to provide all the information to the House of Commons or, indeed, the finance committee with regard to the impacts in this case of justice legislation.

I would ask the hon. member not so much whether it is a matter of making laws because of money, but whether the justice system is based on rehabilitation, punishment, reintegration and other elements. That principle seems to be abandoned. Would the member care to comment on whether we are moving away from the fundamental principles of public safety and the justice system?

Disposition of Abolition of Early Parole ActDisposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 1:40 p.m.


See context

Conservative

Brent Rathgeber Conservative Edmonton—St. Albert, AB

Madam Speaker, I will be splitting my time with the hon. member for Abbotsford.

I am proud to have the opportunity to join this debate and offer my support for Bill C-59. I will indicate in my comments why the bill needs to be passed expeditiously not only by the House but also by the Senate.

As we have heard, the legislation before us today would do away with the part of the parole system in our country, which gives some offenders an opportunity for early release because they are first-time non-violent offenders. Nevertheless, they are serious offenders.

The legislation would do away with a system that sends a message to people who commit fraud or steal millions of dollars from innocent Canadians that the seriousness of their crimes is not on par with those who commit violent acts. This adds insult to injury for those hard-working Canadian families that have lost everything in an investment fraud or who have seen their entire life savings wiped out and their relationships and families torn apart in the aftermath.

We need to change the system so the time fits the crime. The legislation before us today will ensure that offenders will not have expedited access to day parole or parole. They will become eligible for parole at the same point and under the same criteria as all other offenders. It means that offenders who prey on law-abiding Canadians and wipe out their hard-earned savings will serve the appropriate time in custody for the severity of the crime to which they have been convicted. That is what Canadians want. It is what this government is delivering.

Since we were first elected in 2006, our government has been very clear that cracking down on crime is one of our top priorities. That means all types of crime. We have listened to Canadians who have told us that they are tired of not feeling safe in their own homes and communities. We have listened to stakeholders and to law enforcement groups that have asked us time and time again to give them the resources they need to perform their jobs. We have listened to victims who have told us that their voices also need to be heard. That is why we have taken action over the last five years on a number of fronts to build safer communities and to stand up for victims.

We have introduced legislation to crack down on organized crime and drugs by imposing mandatory jail time for people involved in serious drug crimes. We have introduced, which has been passed by Parliament, legislation that automatically views murders connected to organized crime as first degree murders.

We have introduced, which has been passed Parliament, legislation to tackle drive-by shootings and other intentional shootings that involve a reckless disregard for the life and safety of others. As well, we have further protected police officers and peace officers.

We have introduced legislation, which has been passed by Parliament, to ensure that individuals who are found guilty of a crime will serve a sentence that reflects the severity of that crime by limiting the amount of credit they will receive for time served in pretrial and pre-sentence custody.

We have also taken action to provide the police resources in our community. We have hired over 1,000 new RCMP officers. We said that we would provide funding for the provinces and territories, allowing them to hiring additional police officers, and have delivered on that commitment.

We have also given police forces more of the tools they need to do their jobs by passing legislation to strengthen the National Sex Offender Registry and the National DNA Data Bank. As well, we have introduced measures to support the ability of our law enforcement community to combat crime in the face of rapidly evolving communication technologies.

I am also proud of the fact our government has passed tough legislation to give police officers and the courts the added powers they require to fight identity theft, a major type of fraud which, by some estimates, robs Canadians of millions of dollars annually.

Hon. members will also know that our government has introduced legislation to get tough on all types of fraud by imposing mandatory minimum sentences of two years for fraud over $1 million and requiring the courts to consider restitution orders as part of the sentencing process.

We have already done a lot to make our streets and communities safer and to ensure that offenders are dealt with appropriately. However, we can, we will and we must do more.

Canadians are asking us to make changes to a justice system that has yet to find the right balance between the rights of offenders and the rights of law-abiding citizens. They want individuals who are found guilty of crimes to serve a sentence that reflects the severity of those crimes. Bill C-C-59 is all about that.

Bill C-59 would help ensure that individuals who committed non-violent or white-collar crimes could not get out of prison after serving just a small fraction of their sentence.

I am certain hon. members have heard the many stories of Canadians who have lost their entire life savings in massive fraud scams. It is hard to imagine how traumatic it must be for an individual to wake up one day and realize that his or her lifetime investments have completely evaporated.

It is also impossible to imagine how disappointed and frustrated these same individuals must be when a few years later they hear that the person who was convicted of fraud is allowed to apply for parole after serving only a small portion of his or her sentence. In many circumstances, the Parole Board of Canada has little choice but to authorize parole, unless there is a reason to believe the individual may commit a violent or drug-related offence once released.

This legislation would set things right and ensure that there would be justice for all Canadians who have been victims of crime. The proposed amendments abolish accelerated parole review, which currently grants offenders eligibility for day parole after serving only one-sixth of their sentences and full parole after serving one-third of their sentences.

Under the reforms that our government is proposing through Bill C-59, individuals who commit crimes such as fraud will be treated the same way as those who commit serious violent crimes. These so-called white-collar offenders would be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third of their sentences.

What is more, the test for parole will no longer be whether they are likely to commit a violent offence. Like other offenders, they will qualify for parole only if the Parole Board of Canada is convinced during a face-to-face hearing that they do not present an undue risk of committing any type of crime, including fraud.

I point out that the proposed amendments in this legislation are in line with the recommendations found in the 2007 report of the Correctional Service Canada's independent review panel. In its report, “A Roadmap to Strengthening Public Safety”, it made 109 recommendations, including that the government abolish accelerated parole review.

I would like to quote from the executive summary of that report, which states:

The Panel is of the opinion that presumptive release is a key disincentive to offender accountability and is therefore recommending that Statutory Release and Accelerated Parole Review be abolished and replaced with an earned parole system.

Our government agrees with this panel's conclusion that accelerated parole review can be counterproductive. That is why the government has introduced Bill C-59. The reforms that our government is proposing today will mean that white-collar offenders will now get the prison time that their crimes warrant.

We are taking this stand on behalf of all Canadians who want the rights of law-abiding citizens properly balanced with the rights of offenders. We are taking a stand on behalf of everyone who wants action on crime now . That is what we intend to deliver, now and in the coming weeks and months, as we continue to work to improve legislation on matters affecting the safety and security of all Canadians.

Disposition of Abolition of Early Parole ActDisposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 1:40 p.m.


See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

Thank you, Madam Speaker. If I understood the translation correctly, my NDP colleague said that justice is doing what you say you will do. Yet in September 2009 and March 2010, her party was willing to support a Bloc Québécois bill that aimed to do exactly the same thing as what Bill C-59 aims to do.

Why will they not keep their word?

Disposition of Abolition of Early Parole ActDisposition of Abolition of Early Parole ActGovernment Orders

February 14th, 2011 / 1:25 p.m.


See context

NDP

Olivia Chow NDP Trinity—Spadina, ON

Madam Speaker, we are here talking about Motion No. 10, a closure motion. It is about shutting down debate. That is why I am going to speak about democracy.

If the members choose to heckle, they must be afraid of what we have to say as members of Parliament. They do not want to hear what other members of Parliament have to say in the House of Commons because they are afraid of open government, they are afraid of accountability and democracy.

For 19 days we have seen democracy in action in Egypt. People have shed their blood for democracy, for a chance to speak out, for freedom of speech. That is what this House of Commons is supposed to be all about. I am here to talk about open and accountable government but that is not possible if we do not talk about prorogation, closure and the Senate. We are talking about accountability.

What is open government? An open government is about taking in everyone's point of view, having a chance to talk about issues.

The issue before us is Bill C-59. How can we possibly talk about it within a few hours? The closure motion before of us says that we have to finish everything by the end of the day.

This reminds me of another debate, the harmonized sales tax debate. Two Christmas' ago, the Conservatives were very afraid of the public's resentment of this tax, because they had campaigned on having no tax increases. However, they decided to ram the bill through the House in one day. They introduced the bill with less than 24 hours notice and tabled the closure motion with the support of the Liberal Party of Canada. Within 24 hours that bill passed the House of Commons just before Christmas, because the Conservatives were so afraid of people saying no to the very much hated sales tax. That is precisely what is happening in this case.

Soon after introducing that bill, the Conservatives closed the door on the House of Commons because they were afraid of what members of Parliament would do. They called it prorogation. They did not do it once but twice. That was a government that said it had run on open and accountable government. However, the Conservatives were so afraid of the House that they had to prorogue Parliament: they locked out all of members from the House of Commons and we were not able to do any work.

People are afraid of democracy when there is something to hide. What is there to hide in this bill? Maybe the government wants to hide the cost, just like it has something to hide with respect to the Afghan documents. That is why the government does not want to bring forward the Afghan documents, even though the Speaker said that all of the documents should be given to members of Parliament. However, that did not happen. The Conservatives have something to hide.

The Conservatives campaigned on open and accountable government. How is the Senate accountable, especially a Senate that includes the chief fundraiser of the Conservative Party and the chair of PC Canada Fund, Mr. Gerstein? He received a good income of $341,000, including expenses, as chief fundraiser of the Conservative fund. The Quebec co-chair of the Prime Minister's leadership bid is also a senator. The Conservative Party president, Mr. Pratt, is also a senator and receives a salary of $262,000. The Conservative Party spokesperson, the famous Mike Duffy, is also very much a partisan person. These folks, these senators, use our tax dollars to do partisan work.

Madam Speaker, tell me how it is open and accountable government when we have a Senate full of people who are out there fundraising, doing partisan work, attacking members of Parliament and saying no to bills that have been collectively passed by the House of Commons? That is not democracy. That is not what Canadians want. It is not government we can trust, particularly a government that came in saying “Trust us; we are going to be open and democratic”, and yet in everything it does, including this closure motion before us on Page 41 of the order paper, it is not democratic.

We have seen a lot of examples of how democracy and the voices of the people are being completely ignored. If we look in detail at the bill before us, we notice that the Conservatives do not want us to find out how much it will cost.

Let me talk about the spending. We noticed on the prison agenda, for example, that the Minister of Public Safety announced one day that it was going to cost taxpayers close to $90 million. Then the next day he said it would cost $2 billion. That is a twentyfold increase in 24 hours.

What is the cost going to be? How much are all of these crime bills going to cost? We need to know the figures. Is that why we have a closure motion before us? Is that why they are afraid of our getting to the truth? Is it because we do not know how much it is?

The non-partisan Parliamentary Budget Officer estimated that the prison costs would be much higher. He estimated it would be $10 billion over five years for only one of the crime bills, with the costs being downloaded to the already over-burdened provincial prisons.

When we have a Conservative government that refuses to release any cost information on its crime bills and then turns around and works with the Bloc to inflict closure on the bill so that by 8 o'clock today we will have had no chance to debate Bill C-59, that is not democratic. It is certainly not an open government. It is certainly not accountable, and we certainly cannot trust this government to run the business of the country in this way.

Disposition of Abolition of Early Parole ActGovernment Orders

February 11th, 2011 / 1:15 p.m.


See context

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Madam Speaker, I am pleased to be speaking about Bill C-59, and I do so with the hope of enlightening my Liberal and NDP colleagues.

In 2007, the Bloc Québécois, through its excellent justice critic, the member for Marc-Aurèle-Fortin and former Quebec attorney general, introduced a bill to abolish parole after one-sixth of a sentence. The Bloc Québécois always acts with a great deal of caution when it comes to amending the Criminal Code. We are very aware of that. However, crime is constantly evolving. There are crimes today that were practically unthinkable a decade ago. Now there are white collar criminals, whereas it used to be mostly people selling poor-quality products. Sometimes certain criminals were able to extort small amounts of money.

Over the past decade or so, globalization has resulted in an explosion of financial products on the market. Crooks, criminals, figured that there was money to be made by fooling honest people out of their hard-earned money. These criminals promise incredible interest rates and astronomical returns.

I had the opportunity to speak with a victim of white collar crime. It is not always easy to recognize this kind of criminal. Often, these criminals will do their work when it has been announced that a mutual fund or investment fund has had incredible returns.

People who have seen this kind of news on television are offered a product with similar returns by an acquaintance or a friend of a friend. The would-be victims do not say yes right away. People protect their savings; they are tight-fisted and take their time. White collar criminals take a step back and wait for more media reports about returns.

The Caisse de dépôt et placement du Québec does not make a lot of noise when it suffers a loss, but when the returns are amazing, it does not hesitate to hold press conferences. And I am not even talking about corporate and bank profits.

People pay attention to the news. These days, information travels at light speed. Something that happens on the other side of the world will be reported on our little devices. I will not name them, because I do not want to advertise them. Our little hand-held computers allow us to access information very quickly. People of all ages, people who are not necessarily financial experts, but who have worked hard for their money, can have their life savings stolen from them by crooks.

The criminals are then caught and put on trial, and this gets lots of media attention because it affects a lot of people. They do not swindle just one individual.

When people are exploited and realize that they were not the only ones, this means that whoever swindled them knew what he was doing. In order to cheat dozens if not hundreds of victims, criminals need to have a good sales pitch, and they often use the media to make their pitch.

When these criminals are sentenced, the sentence can be considered important. The problem is that since the entire parole system is based on reintegration and how violent the crimes were, our judicial system is not set up for criminals who are not physically violent. These criminals are mentally violent, but not physically. In order to steal the life savings of honest people who worked their whole lives, one would have to be very psychologically violent. This is not physical violence; it is another kind of violence.

Obviously, the entire parole system has not been able to adjust to this because the principle of social reintegration still prevails. The criminal goes to prison, behaves very well, and in any case, the system has ruined him and that is just great. Often, the criminal has declared bankruptcy. He no longer has any assets. He has nothing left. We try to find out whether he hid anything in a tax haven. When we see the agreements the Conservative government is signing with Panama, a country on the OECD's blacklist or grey list of tax havens—it does not reveal the names of people who invest there, and there is no tax agreement with Panama—these questions remain. People always want to know whether the criminal has managed to hide money away. Most of the time, when the individual leaves prison, he is ruined. He no longer has any money and he leaves with his tail between his legs to try to reintegrate into society. And he gets parole after serving one-sixth of his sentence. It is very difficult to find out that someone like Vincent Lacroix can get out after serving one-sixth of his sentence, after he has ruined lives and admitted during his trial that he spent exorbitant amounts of money at strip clubs and the like. The judicial system will adapt.

I hear the Liberals and the New Democrats getting all worked up and saying that some criminals who would have been entitled to parole will not be, but a criminal is a criminal. He receives a sentence and he has to serve that sentence. There will still be parole, but not after one-sixth of the sentence has been served. Judges will adjust the sentences accordingly.

That is why the Bloc Québécois is very reticent about minimum sentences. We want to leave sentencing up to the judiciary, to judges. A judge is a neutral and competent person who often is called on to hear a number of similar cases and is able to hand down a sentence that fits the crime. Now the judge will know that the criminal can no longer be released after serving only one-sixth of his sentence. We will see how the courts adapt.

One thing is for certain: this must stop. Parole after serving one-sixth of a sentence is no longer acceptable given the new crimes that have been committed in our society over the past 10 years. Clearly, the biggest losers will be the criminals. Are we going to cry over what happens to criminals? I have heard the Liberals and the New Democrats crying, but I will not. These criminals were sentenced and they must serve their time. That is life and, as I was saying, the judges will adjust sentences accordingly.

Once again, the Bloc Québécois is prepared to support any measures that are reasonable and acceptable to our society, and Bill C-59 falls into that category.

The types of crimes that have evolved over the past 10 years have led us to where we are today. We can no longer allow criminals who are said to be non-violent but who are extremely psychologically abusive to be released simply because they behaved well in prison. The problem is that their behaviour before they went to prison was intolerable. They must serve their sentences.

The Bloc Québécois has given the Liberals and the New Democrats the opportunity to adjust to the crimes of the 2000s since it is now 2010. Not surprisingly, they prefer to live in the past and they will have to live with that. We will support Bill C-59—

Disposition of Abolition of Early Parole ActGovernment Orders

February 11th, 2011 / 1:10 p.m.


See context

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Madam Speaker, I would not say that words fail me just because I will not be debating the bill itself. I want to debate the motion that would prevent any discussion of the substance of the bill. I find it rather odd that the Bloc supports the government's attempt to stop any possibility of debating the substance of the bill.

No one in the House can accuse the Liberals of not supporting the proposal to abolish one-sixth accelerated parole for white collar criminals. Two years ago, my colleague from Bourassa, our candidate in Saint-Bruno—Saint-Hubert, and the member for Lac-Saint-Louis participated in a press conference with a number of Earl Jones' victims to urge the government to quickly introduce a bill to eliminate eligibility for one-sixth accelerated parole for white collar criminals, especially those who commit major fraud and have many victims. No one can accuse the Liberals of not supporting this idea. I find it shameful that the government is making these types of accusations when it is fully aware of the Liberal position. That is my first point.

Second, I want to talk about the debate and the possibility that there will be closure. Barely seven months ago, the Bloc members rose in the House to criticize this government for doing what it is about to do with Bill C-59. The government had moved a motion to prevent debate. The Bloc member for Saint-Maurice—Champlain rose in the House last June to admonish the government because it moved a motion to prevent debate on the Canada-Colombia Free Trade Agreement Implementation Act. The Bloc member for Hochelaga also rose to oppose the government's time allocation motion to prevent debate on the Jobs and Economics Growth Act, Bill C-9.

We oppose this time allocation motion because we believe that this is an important matter. In addition, the Liberals have been asking the government for two years to abolish one-sixth accelerated parole for white collar criminals such as Earl Jones, Vincent Lacroix and others. I find it regrettable that the Conservatives are trying to make people believe that the Liberals do not care about the victims. That is not true.

As I mentioned, when the government introduced Bill C-21 regarding white collar criminals and it was sent to committee, I proposed an amendment to eliminate the one-sixth accelerated parole rule for white collar criminals. The Conservative and Bloc members defeated the motion.

It is a matter of responsibility. Every member has the right to speak about the bills that the government introduces in the House. This is an extremely important issue.

We would like to hear from experts. It is possible that experts will tell us that we should eliminate the possibility of parole after one-sixth of a sentence for white collar criminals who committed a crime over a certain amount or if there were multiple victims. But for white collar crime that is not fraud, we believe evidence shows that parole after one-sixth of the sentence is served is very effective and that the recidivism rate is lower. I do not know. With this motion to limit debate, we will perhaps never know before we are asked to vote on this bill.

The Liberals are against this motion to limit debate. It is not justified, and we are sorry to see that the Bloc has decided to join the Conservatives to limit debate on this bill. As for the substance of the bill, up until today, no one could accuse the Liberals of not showing their support for eliminating the one-sixth accelerated parole rule for white collar criminals.

Disposition of Abolition of Early Parole ActGovernment Orders

February 11th, 2011 / 12:50 p.m.


See context

Oxford Ontario

Conservative

Dave MacKenzie ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I appreciate the chance to rise in support of the motion before us today which would help to ensure that we pass Bill C-59 into law in the most timely and expeditious way possible.

The issue of accelerated parole review has been raised and debated in this place, as well as in other venues, and in the media, for quite some time. All of us have heard about the devastating consequences that while collar crimes such as fraud can have on the lives of Canadians. All of us have heard from Canadians about the need to take action to ensure that white collar criminals are held to account for their actions and the need to stand up for the victims of their crimes. Canadians have been quite clear. They want us to take action now and they want us to take action quickly, which is what the motion today intends to do.

Just a few years ago, many people might have regarded crimes such as fraud as victimless crimes since they seem to be committed against large organizations, corporations or governments.

Today, things have changed. We are now increasingly seeing the human face of fraud. I think it is safe to say that many Canadians have been shocked and angered by the harms caused by these acts. Savings have been wiped out and lives have been ruined. For many victims, they can never be returned to the position they were in before the crime.

As we know, under the current system, white collar offenders can be released after as little as one-sixth of their sentence in prison for their crimes. Bill C-59 would give us all a chance to change this and to support Canadians who have become the victims of crime.

Helping victims of crime has always been at the heart of this government's public safety and justice agenda. Our government is committed to ensuring that their voices are heard and that their concerns are taken seriously. That is one of our highest priorities and why we have taken action on a number of fronts.

Crime places a heavy toll on individual victims, their families, communities and society at large. That is why we have taken action to ensure that the scales of justice are balanced to include victims. One way we did this was by committing $52 million over four years to enhance the federal victims strategy so that government could better meet the needs of victims.

As one of our first moves, we created the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims.

The National Office for Victims at Public Safety Canada is also working to give victims a greater voice in the corrections and conditional release process and assisting victims in getting access to the information and services that they might need.

The Policy Centre for Victim Issues at the Department of Justice is also helping the government better meet the needs of victims, for example, by giving them the resources to attend parole hearings and to seek help if they experience crime while abroad.

Our government is also going one step further in helping victims connect to the services they need with the online victim services directory, which is available on the website of the Department of Justice Canada. The directory lets victims search for appropriate agencies in their area according to the type of victimization they have experienced and the type of support they seek. Our hope is that it can help ease the burden on victims of crime who do not know where to turn or which services are available to them.

All of those measures help to bring victims front and centre in the justice system and to ensure that their voices are heard.

In addition, of course, our government has also introduced a wide range of legislation to crack down on crime, gun crimes, in particular.

As well, our government has passed legislation to help combat the complex, serious and growing problems of identity theft and identity fraud.

We have also ensured that victims have a greater say in this country's parole system by introducing legislation that, among other things, would enshrine in law a victim's right to attend and make statements at Parole Board of Canada hearings, while preventing offenders, in most cases, from withdrawing their parole applications 14 days or less before a hearing date.

Victims of crime have asked for these changes. And our government has delivered.

Bill C-59 builds on and strengthens this already impressive track record of standing up for victims.

Victims of white collar crimes, and of fraud in particular, have been dismayed, in many cases, to find out that the offenders who carry out these acts can be released so soon after they are sentenced. Unless the Parole Board of Canada has reasonable grounds to believe these offenders will commit a violent offence if released, it must automatically release them into the community under supervision. This means that in some cases a fraudster, for example, could be back on the streets early.

Such a criminal could be sentenced to 12 years, but actually released into the community on day parole in just 2 years and fully paroled in just 4 years. The status quo gives the Parole Board of Canada no discretion in dealing with these cases.

The test is whether an offender is likely to commit a violent offence. As a result, even if the Parole Board believes the offender is likely to commit another fraud, theft or drug offence, it is compelled to release him or her. This truly offends Canadians' sense of justice. It undermines their faith in our justice and corrections system. Victims and, indeed, all Canadians want to see justice carried out and sentences served. Bill C-59 would do that.

Bill C-59 would, first and foremost, do away with the current system's accelerated parole review, whereby offenders who commit non-violent crimes such as fraud can be released on day parole after serving as little as one-sixth of their sentence. Under the changes our government is proposing, offenders who commit fraud and other white collar crimes will be put on the same footing as other offenders. They will be eligible for regular day parole review six months prior to full parole eligibility and full parole review after serving one-third of their sentences. They will have to face the full consequences of their actions.

The message that we are sending with Bill C-59 is that if people commit the crime, they will do the time. We are saying with this legislation that the needs of victims are paramount. We are saying that their interests come first. We are saying that all of us remain committed to cracking down on crime and standing up for the rights of victims. That is what Canadians want. They want us to continue standing up for victims and to ensure that their voices are heard. They want us to continue to ensure that all offenders are held to account for their actions.

Most of all, Canadians want us to work together in the spirit of co-operation to take action now to ensure the changes our government is proposing are passed into law so victims of fraud and other white collar crimes can in fact see justice done.

I therefore urge all hon. members to support the motion before us today and to work with the government to ensure Bill C-59 receives speedy passage.

Business of the HouseOral Questions

February 10th, 2011 / 3:10 p.m.


See context

Bloc

Maria Mourani Bloc Ahuntsic, QC

Mr. Speaker, I seek the unanimous consent of the House to adopt the following motion:

That, notwithstanding any Standing Order or usual practice of the House, Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts shall be deemed to have been read a second time, referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Business of the HouseOral Questions

February 10th, 2011 / 3:05 p.m.


See context

Conservative

John Baird Conservative Ottawa West—Nepean, ON

Mr. Speaker, boy, have I mellowed. I would not have said such nice things about the Badger even just a few short years ago, but I have mellowed and have become so quiet and soft-spoken since I arrived on Parliament Hill.

I would like to the thank the House leader for the official opposition for his questions.

With respect to Bill S-10, it is an incredibly important piece of legislation that goes after people who traffic in drugs, sell drugs to our children and who traffic in date rape drugs, which is something that is incredibly serious in many parts of the country. We want to see that bill passed and we will move forward on a path to allow it to be passed.

With respect to the bill on human trafficking, we want to see that passed. Again, it is an important piece of legislation. We do not want to provide the Liberal Party with an early opportunity to kill that good piece of legislation. I know they are anxious to kill legislation that is tough on crime, but we are going to stay focused.

Getting back to the business of the House, we will continue today with the Bloc opposition motion.

The parties are currently negotiating a way to proceed with Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts. This is a modified version of what makes up part of Bill C-39, a bill that has been at the public safety committee since October 20, 2010. This is an important piece of legislation. The thrust of it has already received agreement in principle from this House. We will be continuing the negotiations on it, or dances, depending on how one defines that, with all parties on this issue.

Given that Bill C-59 will prevent fraudsters from getting out of jail after serving only one-sixth of their sentence, I hope there is sufficient support to move on this initiative without further delay. Tomorrow, therefore, we will either debate Bill C-59 or a procedural motion relating to Bill C-59.

Following Bill C-59, the government intends on calling Bill C-42, Strengthening Aviation Security Act; Bill C-46, Canada-Panama Free Trade Act; Bill C-55, Enhanced New Veterans Charter Act; Bill C-20, An Action Plan for the National Capital Commission; Bill C-8, Canada-Jordan Free Trade Act; Bill C-57, Improving Trade Within Canada Act; Bill C-50, Improving Access to Investigative Tools for Serious Crimes Act; and Bill C-12, Democratic Representation Act.

I could come back with more if we could get all of these bills passed on Monday.

That is the agenda for next week.