Tackling Contraband Tobacco Act

An Act to amend the Criminal Code (trafficking in contraband tobacco)

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Status

In committee (House), as of June 13, 2013
(This bill did not become 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 Criminal Code to create a new offence of trafficking in contraband tobacco and to provide for minimum penalties of imprisonment for repeat offenders.

Similar bills

C-10 (41st Parliament, 2nd session) Law Tackling Contraband Tobacco Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-16s:

S-16 (2024) Law Haida Nation Recognition Act
S-16 (2004) First Nations Government Recognition Act
S-16 (2004) An Act to amend the Copyright Act
S-16 (2003) An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate)
S-16 (2001) Law An Act to amend the Proceeds of Crime (Money Laundering) Act

Votes

June 13, 2013 Passed That, in relation to Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco), not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Second readingTackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 1:50 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, the member addressed some of the issues relating to contraband tobacco—the criminal element, the tax evasion element and the negative health aspect—but the one aspect that I am sure my colleague is even more familiar with than most of us in the House, because of his former occupation in the education field, is the impact on youth. Many of us have witnessed the addictive qualities of tobacco. The earlier youth are introduced to tobacco, the greater the likelihood they will not be able to get rid of this addiction later in life. Research clearly shows that the large majority of tobacco that is smoked on college and high school campuses is of a contraband nature.

I am wondering if my colleague could comment on how serious it is that we take action on this now.

Second readingTackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 1:50 p.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, the Government of Canada and the Minister of Health and others have taken several measures on this side of the House, in particular, to deal with these issues. For example, when it came to clarifying the tobacco laws on adding flavours or other types of things that would be an enhancement or an inducement to young people, or making the packaging look like gum or candy cigarettes, these were dealt with on this side of the House.

We have had active education campaigns to ensure that Canadians understand the risks to health and the dangers from smoking. These are some of the initiatives we have done. We have also changed the labelling on cigarette packaging to clearly indicate the health concerns, making it less attractive for Canadians, especially young Canadians, to go down the road of even starting smoking.

Second readingTackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 1:50 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am opposed to tobacco addiction as much as anybody else, and I appreciate the member's comments.

However, are we into the new normal here now? The Senate passes legislation. It has the whole process, then it comes here. We have one hour of debate, and then closure is called. We are the rubber stamp for the other place. Is that the new normal the government is taking on?

Second readingTackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 1:50 p.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, the fact that the member stood and asked me a question in the House is a clear indication that the member has an opportunity to voice his opinion on the bill.

Second readingTackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 1:50 p.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I would first like to indicate that I will be sharing my time with the excellent member for Churchill, who is a great MP, by the way.

At first glance, this bill, which seeks to amend the Criminal Code and tackle contraband tobacco, appears to be a small bill that amends a provision of the Criminal Code. However, rather than addressing the real problem and focusing on prevention, the bill once again amends the Criminal Code in order to make the justice system stronger. This is a very noble cause or objective. However, the problem is that every time the government wants to address a problem, rather than allocating more financial, material and human resources to the organizations that are actually doing the work in order to address the real problem, it amends one or two sections of the Criminal Code and leads people to believe that these measures will solve all of the problems and that everything will be fine as a result.

I do not believe that solving the problem of contraband tobacco is that easy. We are talking about first nations, but contraband tobacco is a problem all across the country. Illegal cigarettes are flooding the market, and our young people are being shamelessly targeted by false Internet advertising. Why do we not pass similar legislation to deal with these ads?

It is so easy to go online and order illegal cigarettes, which come from all over the world and are often made by children who work in atrocious conditions. The cigarettes end up on the market. What impact will this have on the health of our young people?

Most of the provinces have extremely effective programs to combat smoking among young people. The federal government is trying, once again, to follow suit by investing in prevention. Prevention should take place at schools and in the schoolyards, but it also requires leadership. Our leaders need to take charge of the situation and send a clear message to the public that tobacco use is harmful to health.

Illegal tobacco is harmful to our health and also to our economy. Every year, contraband in Canada causes us to lose more than $2 billion in taxes. We must set aside financial and physical resources, since smuggling is going on in our waters, such as Lake Champlain, Lac Memphrémagog, the St. Lawrence River and the Great Lakes. The Canada Border Services Agency and the RCMP do not have the physical resources they need to catch smugglers. They need resources on the ground or else they will not be able to fight crime.

The Canada Border Services Agency is not inspecting packages because of an apparent lack of resources, time and personnel. How is that possible? It is unacceptable in a society like ours. This government brags about creating 1 million jobs. Give me a break. It cannot have created 1 million jobs, because we see no real evidence of that. Instead, what we see is that this government is ineffective and does not take action. Day after day, it makes investments in the wrong places.

Prevention starts with our young people. We need to encourage them to play sports, read books and visit libraries and museums. Not museums that the Conservatives have modelled around their own ideology, but museums that provide an accurate portrayal of history. We must get them interested in things that will help develop their minds and that will open them up to the amazing opportunities and possibilities available to them as citizens of a country as rich and developed as ours.

As I said, we must take action and show leadership, and this leadership must start at the top.

Second readingTackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 1:55 p.m.

The Acting Speaker Barry Devolin

The time provided for government orders has expired. The member for Compton—Stanstead will have five minutes remaining after oral question period.

The House resumed consideration of the motion that Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco), be read the second time and referred to a committee, and of the motion that this question be now put.

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:20 p.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, as I mentioned earlier, I will be sharing my speaking time—that is, the five minutes I have left—with the excellent member for Churchill.

Earlier, I spoke about how tobacco is a substance that is extremely hazardous to peoples' health. I also spoke about the lack of resources, and not just financial resources. Sometimes it is just material or human resources that are needed. It may be that all that is needed is a little time.

Not only is contraband a serious public safety and health problem, but it also results in a loss of tax revenue for various levels of government. The majority of tobacco manufacturers are located in Ontario and Quebec, and that is also where most contraband tobacco enters the country. That is where most tobacco is manufactured and where most contraband tobacco enters and leaves the country. Why? This happens by land and by water. Why is that?

As I said earlier, it is unacceptable that the resources are not being allocated to really fight this.

I found myself wondering about that earlier. I was also thinking that the RCMP recognizes that the increase in organized crime linked to contraband tobacco boosts other crimes. Contraband tobacco funds other criminal activities, such as weapons and drug trafficking.

Introducing mandatory minimum sentences of 90 days, 180 days and two years less a day will not resolve the situation. We know that in organized crime, when a person, a candidate, a soldier—excuse my language—is no longer needed or must be retired, he is replaced. There are pools of recruits who will commit all kinds of crimes. Increasing minimum sentences or further criminalizing contraband tobacco by making a small change to the Criminal Code will not reduce this crime.

There was a seizure in the Eastern Townships the day before yesterday. Unfortunately, 16 troublemakers were involved and they were all repeat offenders connected in some way to organized crime groups. These groups are increasingly organized in terms of technology, computer resources and vehicles.

I would like to tell you a story about something that happened in my riding. A package fell from the sky and all of a sudden a jet boat appeared to pick up the package and quickly take it across the border. The RCMP and the Sûreté du Québec had not done maintenance on their patrol boats in the previous two years and were therefore unable to reach the destination or the target. That is an example of the lack of resources I was talking about and the very serious consequences it can have.

Organized crime has the resources to easily transfer groups, vehicles and goods from one place to another. Why? Because the current government is not doing its job on the ground. It is not looking after the safety of communities or, more importantly, Canadians' health.

As I said before, provincial governments have worked hard to discourage the use of tobacco and drugs and even to prevent young people from suffering the serious consequences of membership in a criminal organization. A great deal of preventive work has been done with young people, and that work must continue. Young people need support. The government must allocate enough money for the youth centres that are located throughout Quebec, so they can hire leaders in the summer. The leaders are often young university students or other community members who help the municipalities and supervise young people during sports activities.

For example, in my riding, in Rock Forest in Deauville, there is a skateboard park. Young people love this sport. They are happy, they are outside and they are developing.

Needlessly exposing them to crime will do nothing to protect the future of our society and the safety of our people.

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the comments provided by the member. Does he recognize the important role that different provinces play with respect to this? We find there is an increase, for example, in illegal cigarettes when the tax on a package goes up. It is important that we tax cigarettes. The costs of health care as a direct result of people who smoke and of second-hand smoke far exceed the revenue that government collects in tobacco taxes.

When are we going to see more co-operation with some of the provinces in coming to grips with this issue? Not only is this a question of health and government revenue, but it also feeds into gang activity and other forms of illegal activities.

Would the member not agree that if we want to deal with this issue in an aggressive fashion where there will be direct results, we need to start working with some of the departments at the provincial level so there is a higher sense of co-operation so we see more results?

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:30 p.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, it is not very often that I agree with my colleague.

Indeed, there is a very significant lack of co-operation and synergy between all governments and between the different levels and departments of government. In fact, no one has been able to connect the dots between the tax hikes, the costs of health care and the impacts on consumption.

When taxes on legal cigarettes are increased, there is more and more contraband tobacco. Even if taxes were substantially increased, the resulting benefits would never be enough to counteract the impact and effects of smoking on health.

As I said, prevention and good co-operation are the way to go.

I am really quite surprised and amazed to agree with my colleague. Obviously, the focus should be on promoting a relationship of synergy and co-operation.

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:30 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, I thank my colleagues.

I would like to ask my colleague's opinion on the fact that we are members elected by the people. We are here to legislate. We were elected as legislators, but the last word goes to the other chamber, the Senate, which was not elected but can make the final decisions.

This bill, which would amend the Criminal Code, comes from the unelected other place.

What does he think of that?

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:30 p.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I thank my excellent colleague for her question.

I took notes about why this came from the Senate.

I spoke about leadership earlier. Once again, the government is not showing any leadership in protecting the health and safety of Canadians. It just repeals a little section of the Criminal Code here in the House, no problem. It adopts a time allocation motion for this bill.

This bill originated in the Senate. How many bills have we seen from the Senate this week and last? This shows that the government is running out of steam and has no respect for the chambers. Members of the House of Commons are elected. This is the chamber that should be introducing bills that affect the lives of Canadians, especially when we are talking about protecting health and safety.

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:30 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I am pleased to speak to Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco). As has been stated very clearly, the NDP is in support of sending this bill to committee and having a closer look at it, a bill that aims to address a very serious issue. Contraband tobacco is an extremely serious problem, both in public health and safety and of the lost revenue for the various levels of government.

However, the bill raises certain issues that need to be clarified in relation to the government's chosen approach. Another issue that is very important to address is the need for consultation with the provinces, territories and first nations communities. We are also concerned about the issue of minimum mandatory sentences that are provided in the legislation. Therefore, we believe this requires further study in committee.

In its 2008 report, the RCMP stated that its:

—key concern is the increased involvement of organized crime implicated in illegal tobacco activities for monetary gain. The public needs to be aware that profits from illegal tobacco products are also funding other criminal activities, such as drug and gun trafficking.

In terms of public health, contraband tobacco and the use of tobacco products are interconnected. We know tobacco seriously harms the health of Canadians. Because contraband cigarettes are available at a lower cost than cigarettes sold in stores, they can encourage consumption, especially for young people who might find it more difficult to obtain legal tobacco products. Furthermore, because the quality of illegal tobacco products goes unchecked, these products may have an even more harmful impact on the health of consumers.

In understanding the bill, and it is very clear to us that it requires more study, the NDP believes that various key aspects of this need to be examined further. A key aspect that must be examined is the need for the government to invest resources in policing and in the Canada Border Services Agency to properly address this issue. Unfortunately, all we have seen from the government are reckless border cuts and a refusal to renew the funding that allows for more police officers on our streets.

I recognize that cuts to policing and investigative resources began under the Liberal government, when the port of Vancouver, for example, and other entry ports lost policing and investigative capacities as a result of the Liberals' budget cuts. Unfortunately, the Conservative government has very much continued this trend. We know of cuts, certainly in the last year, to the Canada Border Services Agency. This affects the capacity Canadians have in ensuring that what is coming through the border is not contraband tobacco and the serious stopgap to the kind of illegal trafficking in general that we know takes place across our borders.

It is absolutely critical for the Conservative government to go back on the kinds of cuts we have seen and seek to invest in policing capacity, both in terms of the CBSA and more broadly in terms of police services.

I want to speak briefly to what it means to have a lack of policing services in communities that wrestle with contraband and broader security issues.

As the MP for Churchill, I represent one of the largest ridings in Canada in terms of geography and size. What that means is we have massive expanses of territory and an RCMP and police force that are stretched to provide critical policing services.

I have had the pleasure of meeting women and men who are part of the RCMP working in communities across the north. I have great admiration for the work they do, but I recognize they often do it for longer periods of time, putting in overtime and sometimes exposing themselves to risk because they do not have the kind of staffing complement they need.

I also know in the investigative capacity they are often overstretched. I will use the example of a recent murder in one of the northern first nations I represent. It is an isolated community and the ability to get in and conduct a proper investigation was hampered by the fact that the RCMP could not send the right people in at that time. There was a waiting list for the specialists who needed to come in, owing to the fact that the RCMP was short-staffed, especially when it came to the north.

I also want to note that first nations communities often struggle with social challenges and some very difficult situations. They want to better police their communities. Band constables are often the go-to people in this case.

Unfortunately, the Government of Canada has pulled away from the kind of commitment first nations want to see when it comes to band and aboriginal policing. Certainly in our province of Manitoba, I know first-hand that RCMP officers often depend on band constables to go out and do that initial investigative work and build those relationships that need to be had to get to the bottom of what has happened and to begin the process of seeking justice.

Unfortunately, I have been in many communities where band constables have had to be laid off because the funding has dried up. I know most recently that the Island Lake communities, the Island Lake First Nation, and particularly in Garden Hill, were very concerned about their loss of band constable funding coming into this fiscal year.

I heard from leaders and community members who wanted to ensure that the violations of public unrest, incidents of vandalism or abuse were dealt with properly. The issues they raised were the fact that in Garden Hill, for example, the RCMP had to fly over the lake in a helicopter when the lake was not frozen to undertake its policing duties.

Without band constables, that takes a long time. RCMP officers are not always able to make it over the lake in a helicopter. Therefore, instead of depending on band constables who are on-site in the community, the community is being put further at risk as a result of the government's failure to come to the table and find a solution to policing issues that work for communities like Garden Hill.

First nations and northern communities want to make a difference, whether it is on issues of contraband or criminal behaviour. However, the reality is that policing needs support from the federal government. Communities deserve to have support from the federal government in bolstering the police presence in their communities, whether it be the RCMP or band policing.

It is of grave concern that despite the government's rhetoric of being tough on crime, when we actually look at the figures and the reality in northern regions like the one I come from and I represent, this has not translated into a difference of supporting first nations, hiring band constables, ensuring that the RCMP has the support and the investigative capacity required in northern regions when something as serious as a murder takes place. They need to speedily react and start a longer term investigative process.

I also want to speak to the need to support our border service agents. That, to me is an important point that unfortunately is missed in Bill S-16, and we hope to raise it at committee. Anybody who has gone through the border, and I had the opportunity to travel to the states through the Manitoba border crossing at Emerson, would have seen CBSA agents doing very important work, ensuring that our provinces and all Canadians are being looked after as people travel back and forth through the border.

It is unfortunate that the government has not recognized the need to keep CBSA agents safe, to make sure they have the staff complement and backup they need in order to truly react to issues of contraband and other aspects of illegal trafficking.

With that, I am open to questions and comments.

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:40 p.m.

Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, I guess I should start by saying that I have been a member of the public safety committee for approximately seven years now. We are looking into the economics of policing. I wonder if the hon. member is aware that there has actually been a significant increase in first nations policing over the last several years. As a matter of fact, it is somewhere close to 30%. Also, I wonder if the hon. member is familiar with some of the statistics surrounding first nations policing.

Having served in the north of Ontario, I understand completely that there is a difference in policing in those remote communities and that the cost of providing policing is significantly higher than that of almost any other police department in Canada.

If the hon. member wants to tell Canadians the facts, she might want to revisit the fact that we have not cut back on first nations policing. As a matter of fact, the federal government has increased its commitment by somewhere in the vicinity of $600 million.

The hon. member might want to consider rephrasing some of the information she has just given to the country.

Tackling Contraband Tobacco ActGovernment Orders

June 13th, 2013 / 3:45 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I struggle with the member's tone because I actually know the facts. I live in the north and I see the reality. I have been to communities where band constables have been laid off. I have spoken to leaders who, at the last minute, at the eleventh hour, have been trying to get the federal government to the table to support their band constable program.

I will share a little anecdote. I used to teach for the University College of the North. It used to offer a policing program for band constables. As a result of a lack of government funding, funding that was cut off by the Conservative government, the program was eliminated. People who wanted to be band constables could no longer get the training to provide that service. People could not get the kind of expertise and could not be recognized as band constables as a result.

What ended up happening is that in communities like Lac Brochet, the RCMP had to shut down the trailer that was used as a holding cell because there was no band constable trained in the community to provide safety to the person in the holding cell, but more importantly to the people in the community. What ended up happening was an isolated community had to wait for a plane, if the weather was good, to come and pick up someone who had been accused of a crime, however long that might take, which put the community into a very vulnerable position.

I would welcome the member, and certainly ministers of the Crown, and members of the government to spend some time in our north and in isolated communities that depend on an RCMP service and need that support, first nations that depend on support for the band constable program. That support is clearly not there from the federal government.

If the government truly believed in building safer communities, it would invest in policing in the north the way it should be.