Victims Bill of Rights Act

An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Peter MacKay  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 enacts the Canadian Victims Bill of Rights, which specifies that victims of crime have the following rights:
(a) the right to information about the criminal justice system, the programs and services that are available to victims of crime and the complaint procedures that are available to them when their rights have been infringed or denied;
(b) the right to information about the status of the investigation and the criminal proceedings, as well as information about reviews while the offender is subject to the corrections process, or about hearings after the accused is found not criminally responsible on account of mental disorder or unfit to stand trial, and information about the decisions made at those reviews and hearings;
(c) the right to have their security and privacy considered by the appropriate authorities in the criminal justice system;
(d) the right to protection from intimidation and retaliation;
(e) the right to request testimonial aids;
(f) the right to convey their views about decisions to be made by authorities in the criminal justice system that affect the victim’s rights under this Act and to have those views considered;
(g) the right to present a victim impact statement and to have it considered;
(h) the right to have the courts consider making, in all cases, a restitution order against the offender; and
(i) the right to have a restitution order entered as a civil court judgment that is enforceable against the offender if the amount owing under the restitution order is not paid.
The Canadian Victims Bill of Rights also specifies
(a) the periods during which the rights apply;
(b) the individuals who may exercise the rights;
(c) the complaint mechanism for victims and the requirements for federal departments to create complaint mechanisms; and
(d) how the Canadian Victims Bill of Rights is to be interpreted.
This enactment amends the Criminal Code to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) protect the privacy and security interests of complainants and witnesses in proceedings involving certain sexual offences and ensure that they are informed of their right to be represented by legal counsel;
(c) broaden the conduct to which the offence of intimidation of justice system participants applies;
(d) expand the list of factors that a court may take into consideration when determining whether an exclusion order is in the interest of the proper administration of justice;
(e) make testimonial aids more accessible to vulnerable witnesses;
(f) enable witnesses to testify using a pseudonym in appropriate cases;
(g) make publication bans for victims under the age of 18 mandatory on application;
(h) provide that an order for judicial interim release must indicate that the safety and security of every victim was taken into consideration;
(i) require the court to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor in certain circumstances;
(j) add victim impact statement forms to assist victims to convey their views at sentencing proceedings and at hearings held by Review Boards;
(k) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(l) clarify the provisions relating to victim impact statements;
(m) allow for community impact statements to be considered for all offences;
(n) provide that victims may request a copy of a judicial interim release order, probation order or a conditional sentence order;
(o) specify that the victim surcharge must be paid within the reasonable time established by the lieutenant governor of the province in which it is imposed;
(p) provide a form for requesting a restitution order; and
(q) provide that courts must consider the making of a restitution order in all cases, and that, in multiple victim cases, a restitution order may specify the amounts owed to each victim and designate the priority of payment among the victims.
The enactment amends the Canada Evidence Act to provide that no person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused. It also amends that Act to add a new subsection to govern the questioning of witnesses over the age of 14 years in certain circumstances.
This enactment amends the Corrections and Conditional Release Act to
(a) align the definition of “victim” with the definition of “victim” in the Canadian Victims Bill of Rights;
(b) permit victims to have access to information about the offender’s progress in relation to the offender’s correctional plan;
(c) permit victims to be shown a current photograph of the offender at the time of the offender’s conditional release or the expiration of the offender’s sentence;
(d) permit the disclosure of information to victims concerning an offender’s deportation before the expiration of the offender’s sentence;
(e) permit the disclosure to victims of an offender’s release date, destination and conditions of release, unless the disclosure would have a negative impact on public safety;
(f) allow victims to designate a representative to receive information under the Act and to waive their right to information under the Act;
(g) require that the Correctional Service of Canada inform victims about its victim-offender mediation services;
(h) permit victims who do not attend a parole hearing to listen to an audio recording of the hearing;
(i) provide for the provision to victims of decisions of the Parole Board of Canada regarding the offender; and
(j) require, when victims have provided a statement describing the harm, property damage or loss suffered by them as the result of the commission of an offence, that the Parole Board of Canada impose victim non-contact or geographic restrictions as conditions of release, where reasonable and necessary, to protect the victims in relation to an offender who is the subject of a long-term supervision order.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-32s:

C-32 (2022) Law Fall Economic Statement Implementation Act, 2022
C-32 (2021) An Act for the Substantive Equality of French and English and the Strengthening of the Official Languages Act
C-32 (2016) An Act related to the repeal of section 159 of the Criminal Code
C-32 (2012) Law Civil Marriage of Non-residents Act

Votes

Feb. 23, 2015 Passed That the Bill be now read a third time and do pass.
Feb. 4, 2015 Passed That Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 4, 2015 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third 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 stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 18, 2014 Passed That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, 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.

Opposition Motion—JusticeBusiness of SupplyGovernment Orders

October 2nd, 2018 / 3:45 p.m.


See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, I would like to share a quote from the hon. Irwin Cotler. At the time, he was the member for Mount Royal, previous minister of justice and attorney general of Canada. He was responding to the current minister's speech at second reading of Bill C-32, the Victims Bill of Rights. He said:

For victims and their families, navigating the path of justice...and parole, can be a very difficult ordeal, sometimes frightening and often costly. Victims may have experienced significant emotional or physical trauma as well as material loss, and most painfully, the loss of loved ones.

As such, it is critical that our justice system and related departments and agencies treat victims with respect and sensitivity, appreciate their concerns, and minimize their burden.

National Defence ActGovernment Orders

October 1st, 2018 / 5:50 p.m.


See context

Conservative

John Nater Conservative Perth—Wellington, ON

Madam Speaker, it is an honour to rise today to debate Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.

I find the comments coming from the Liberals somewhat interesting and rich about needing to ram this bill through all of a sudden. Here we are on October 1, and now it is time to ram this bill through when it took them three years to get to this point. When it was first introduced on May 10, we went through two months of sitting in May and June, had midnight sittings through most of the month of June, but yet the government did not see fit to bring it forward for debate then. Instead, the first day of debate for this bill was September 21, a Friday sitting, where just about two hours of debate can occur. Here we are on just our second day on the bill, and all of a sudden the Liberals are crying that we should be immediately ramming this through, before members have a chance to debate it.

In our former Conservative government, we placed victims at the centre of our criminal justice system. We thought it was important the victim of a crime be granted the right and privilege to participate in the criminal justice system. We did this in a number of different ways, but most importantly, through Bill C-32, which created the Victims Bill of Rights. We did that because we felt it was important the victim have a voice and the opportunity to fully participate in our criminal justice system.

It has been disappointing to hear from these Liberals the last couple of weeks, who would rather place criminals ahead of victims on so many different issues. In the past two weeks alone, we saw these Liberals defend granting veterans benefits to convicted murderer Chris Garnier, a convicted murderer who did not spend a single day in the military. He never once donned our nation's uniform, never once participated in Canada's Armed Forces, yet these Liberals stood in this very place and defended the right of that convicted murderer to receive veterans benefits for post-traumatic stress disorder, that he, by his own admission, had because of the brutal murder he committed. These Liberals are defending his right to receive treatment paid for by veterans rather than that which is available through our Correctional Service of Canada.

Tomorrow we will be debating a motion in this very place brought forward by our leader, the leader of Her Majesty's loyal opposition, about the tragic case of Tori Stafford's murderer being transferred from a prison with bars and razor wire to a healing lodge, where the commissioner of the Correctional Service of Canada admitted there are often children present. We heard the Liberals defending this once again today in question period, defending the murderer of an eight-year-old girl who was brutally murdered. The Liberals are defending the transfer of her killer from a prison to a healing lodge. It is wrong. Tomorrow, we will see where the Liberals truly stand on victims when they are called to account to stand in this place and defend that decision.

This follows a series of moves by these Liberals to place a greater emphasis on the criminal rather than the victim. Bill C-75 would actually reduce a sentence for a number of what we on this side consider serious crimes.

This would include participating in the activity of a terrorist group, infanticide, a couple of impaired driving offences causing bodily harm, abducting a person under the age of 14, forced marriage, advocating genocide, extortion by libel, arson for fraudulent purposes, and possession of property obtained by crime. They also want sentences reduced for participation in the activities of a criminal organization. With all of the challenges we are facing, these Liberals want to reduce sentence for those participating in gang activities. I know this is wrong and Canadians know it is wrong.

When the former Conservative government introduced the Victims Bill of Rights in 2014, our then justice minister saw fit to make this bill of rights a quasi-constitutional document, a document so important that it would take precedence over many other federal statutes. At the time, our minister of justice, the hon. Peter Mackay, stated on April 9, 2014:

In order to give meaningful effect to victims' rights by all players in our criminal justice system, our government is proposing that this bill have quasi-constitutional status. This would mean that the Canadian victims bill of rights would prevail over other federal statutes, with the exception of the Constitution Act, which includes the Charter of Rights and other quasi-constitutional statutes within our legal system, such as the Official Languages Act, the Privacy Act, and, of course, the Canadian Human Rights Act.

What does this bill do? It effectively reintroduces Bill C-71 from the previous Parliament, which our Conservative government introduced, and applies the Canadian Victims Bill of Rights to the military justice system. In particular, it provides for four key rights for victims: the right to information, the right to protection, the right to participation, and the right to restitution.

Many Canadians, whether they serve in the Canadian forces or not, often find the criminal justice system intimidating and confusing, and find it challenging to get information about the case being made about the crime perpetrated against them. The right to information is about their right to have information in the general sense of how the system works, and also specifically regarding their case so they know about its progress. It is also to know information about the investigation, and the prosecution and sentencing of the person who perpetrated the act against them.

Whether it comes to the criminal justice system or the military justice system, the second right is the right to protection. This is to ensure that victim safety and security is protected. Whether that is by having their identity protected from public disclosure or using other measures that would allow for their protection, we believe this is exceptionally important.

I do see that my time is running short, so I will not have a full opportunity to talk about the right to participation and right to restitution. However, I will say that those of us on the Conservative benches will always stand for the victims of crime. We will defend the victims of crime and ensure that they have a place in both our criminal justice and military justice systems so that their voices are heard. We will stand with victims.

Act Respecting the Federal Ombudsman for Victims of Criminal ActsPrivate Members' Business

October 26th, 2017 / 5:35 p.m.


See context

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-343, an act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain Acts.

The NDP has proudly and always has been a strong advocate for victims' rights. I therefore support the bill because it seeks to better support those victims on the road to healing. By ensuring the independence and the long-term existence of the Federal Ombudsman for Victims of Criminal Acts, the bill places a priority on the rights of the victims. No matter what government is in power, it is victims who will be recognized.

The Federal Ombudsman for Victims of Criminal Acts, an act which was created in 2007, is an institution under the auspices of the ministry of justice. The important and declared purpose of this institution is to help victims of crime and their families. Its mandate has evolved ever since, notably with the introduction of the Conservative government's Victims Bill of Rights, Bill C-32, in 2014.

At that time, we supported the victims bill of rights bill, which sought to ease the burden for the victims by granting them this set of rights, although some experts argued that it would not meet all the needs of victims. As was made clear by a significant number of witnesses during the 2014 committee study, victims had to be put first. Much remains to be done in that regard.

This is all the more important given the current legal context and the implications of the R. v. Jordan decision. Timelines on unreasonable delays for trials have been imposed, up to 18 months in the lower provincial courts and up to 30 months in superior federal courts.

In the wake of this decision, many charges related to violent crimes have been stayed. This is notable in the case of a man accused of killing his wife, a father accused of child abuse, and a sexual assault of a toddler in a daycare centre. This brings to light the abysmal lack of resources in our justice system, and its terrible consequences. It underlines the necessity of appointing more judges, of creating more courtrooms, and of providing the system with adequate resources. If not, many other charges, like those already mentioned, will be stayed due to unreasonable delays.

We must put ourselves in the victims' skin to understand how terrifying and disheartening it must be to learn that an offender escapes justice. The government must come to realize the additional emotional trauma and stress it can cause people victimized by crime, and the urgent need for those victims to have access to a legal system that allows justice to be done. The government must act accordingly. Victims must be confident that their government is there to help and support them in this difficult and often bewildering journey.

However, despite these pressing needs, the previous government and current government did not do their best to address the situation. Quite the contrary, they contributed to the deterioration of our justice system while they were in power and when they were in opposition.

Although the former Conservative government introduced strong criminal laws as well as the Victims Bill of Rights, it also slashed police budgets and undermined police resources. Moreover, the actual delays on trials are nothing new. This situation has been a reality of the system for decades. These deficiencies are the result of years and years of neglect and cuts to our judicial system.

The former Conservative government could have done something to prevent the present chaos when it was in power. Why did it not give the judicial system the resources that were needed? Why, instead, did that government cut resources drastically? I am, however, pleased that one of the members of that previous government has seen fit to at least partially redress that neglect by introducing Bill C-343.

For their part, the Liberals' justice agenda is equally insufficient. It is under the current Liberal government that charges for sexual assault and first degree murder are being stayed. What is the government doing to ensure that those accused of these crimes are brought to trial? The government has been very slow to address this situation. However, it must act now and deal with the crisis to ensure that no more charges are unfairly stayed or withdrawn. Quite simply, the government must adequately fund the justice system. This is a priority, or at least it should be.

Why the government feels it does not need to adequately resource our justice system is a mystery. Does it regard Canadians as the lumpenproletariat? Notably, it could make a real and important difference by appointing more judges and by providing sufficient resources to our courtrooms. Proper funding is essential. It is crucial if we are to have any chance of bringing hope to victims and bringing those accused of violent crimes to justice. It is the only appropriate response if we are to truly respect those who have suffered, their families, who have likewise suffered, and our communities. We need to bring them a sense of closure and a sense that the system has served them well.

In addition to providing proper resources to our justice system, everything must be done to ensure that victims are offered adequate support on the road to healing and recovery. Bill C-343 seeks to promote the better provision of help and services for crime victims. This, of course, is very much in keeping with the values of the NDP.

I am sure members are aware that since the federal ombudsman for victims of crime operates as a program under the Department of Justice, it is not necessarily independent. This is a problem. Freedom from political interference is exactly what the proponent of the bill presently before us wants to address. The intent is to strengthen the office of the ombudsman by upgrading this position from a program and making it equal to that of the correctional investigator.

For instance, the ombudsman is currently required to submit the annual reports to the Department of Justice rather than to Parliament. Therefore, no matter what is said, in the event the department does not agree with a recommendation or is concerned about a criticism from the ombudsman, it can remove it from the report. This goes against the fundamental goal of the institution. How can the ombudsman be the voice of the victims it serves if its recommendations are at risk of being removed?

To make absolutely sure that the ombudsman can effectively represent victims and their rights, the position has to be independent and accountable directly to Parliament. This is crucial to better protect the rights of victims and to prove to all victims that they matter. Therefore, I strongly recommend that Bill C-343 go to committee, where its effects can be examined and where there can be a discussion in regard to how to better strengthen the role of the ombudsman. However, this does not change the fact that the Liberal government must take immediate action to amend the current crisis.

We must always bear in mind that the road to healing after suffering a great trauma is very difficult. The experience of victims of crime can be very painful and arduous when they become caught up in the justice system. By testifying in court, and when sometimes having to challenge a ruling, they have to relive the terrible crimes they experienced. This is often complicated by added administrative barriers and difficulties, notably the problem of understanding the legal jargon and the necessity of filling out form after form. This is the reason it is critical to the healing process that the voices of those who have suffered be truly heard and that their rights be truly respected. We must ensure that their road to healing is as seamless as possible.

By passing bill C-343, we can show victims that we support them. This is something we, as parliamentarians, must take seriously. Every party must be committed to the well-being and healing of victims. Action must be taken now out of respect for those people. They need to know that their needs will always be addressed, that real and just action is possible, and finally, and most importantly, that victims will be treated fairly in Canada's justice system. I would hope that the latitude is given to the ombudsman to make that so.

Life Means Life ActGovernment Orders

June 18th, 2015 / 4 p.m.


See context

Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, as we are approaching the end of the session, I would just like to take this opportunity to thank the people of Mississauga—Erindale for the extraordinary privilege they have given me to represent them, since 2008, in this place. I hope to earn their trust again and return here in the fall. I look forward to seeing all of my colleagues here when I do.

I rise today to speak in support of Bill C-53, the life means life act. By eliminating parole eligibility for high treason and for the most heinous murders, the criminal law amendments in this bill would ensure that the worst offenders spend their entire lives in prison.

The reforms in Bill C-53 grew out of the commitment made by our government in last fall's Speech from the Throne to amend the sentencing laws to ensure that a life sentence means a sentence for life for the most dangerous criminals.

I predict that these proposals will be welcomed by the public as another important step by our government to protect Canadians from the most violent and incorrigible offenders. I also predict that they will be strongly welcomed by the families and loved ones of murder victims, who, under the laws that now stand, run the risk of being re-traumatized every time the offenders responsible for their losses apply for parole.

In that respect, I think of Sharon Rosenfeldt, the mother of one of Clifford Olson's victims, who, along with her family, had to go to parole hearings every two years, under the old faint hope clause regime, to hear Clifford Olson tell them why he should be released. They had to relive the trauma of losing their son every two years, time and time again.

In this respect, Bill C-53 would complement other victim-oriented measures sponsored by our government, such as Bill C-32, the Victims Bill of Rights Act. A key purpose of both Bill C-53 and Bill C-32 is to prevent those who have already been victimized by criminals from being re-victimized by the criminal justice system.

As I mentioned, the reforms set out in Bill C-53 target high treason and certain forms of murder. Both offences are currently subject to a mandatory sentence of life imprisonment, with the right to apply for parole after a set period of time in custody.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

June 2nd, 2015 / 7:20 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 have this opportunity to take part in today's debate on Bill C-587, An Act to amend the Criminal Code (increasing parole ineligibility).

This private member's bill was introduced by the member for Okanagan—Shuswap on April 7, 2015. I support this bill because it will provide a higher level of protection to the families and loved ones of victims, in the sense that murderers will be prevented from applying for parole. That is why the short title of this bill is the respecting families of murdered and brutalized persons act.

I will come back to this aspect of BIll C-587, namely, that it puts the needs of families and loved ones of murder victims first. It will be especially important that I emphasize that point during my speech on this bill given that this House is also examining another bill that also aims to protect the families and loved ones of victims. I am referring of course to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, better known as the Canadian victims bill of rights. The measures outlined in that major piece of legislation will transform our criminal justice system by rebalancing the scales of justice in favour of victims' needs.

Bill C-587 is consistent with Bill C-32, and I suggest that we consider the proposed measures in light of those contained in the Canadian victims bill of rights.

I am sure we all agree that these are very serious offences, morally and legally, and that they should be treated seriously.

The second important amendment is that Bill C-587 would authorize the sentencing judge to replace the minimum parole ineligibility period of 25 years with a longer period of up to 40 years, based on the character of the offender, the nature of the offences, the circumstances surrounding their commission and any other recommendation made by the jury.

In exercising this power, sentencing judges would use these criteria, which already exist in similar provisions in the Criminal Code, to ensure that this measure is applied to the most sadistic, hardened murderers who have already been convicted of offences in the kidnapping and sexual offence categories.

Murder is the most serious crime and it must be strongly condemned. This principle has been recognized by this country's highest courts. For example, in 1987, the Supreme Court, in Vaillancourt, pointed out the extreme stigma attached to murder, as a result of the moral blameworthiness of deliberately taking another person's life.

This moral blameworthiness justifies the harsh sentences imposed on murderers: life in prison without parole for up to 25 years in the case of first degree murder--

National Action Plan to Address Violence Against WomenPrivate Members' Business

May 13th, 2015 / 6:30 p.m.


See context

London North Centre Ontario

Conservative

Susan Truppe ConservativeParliamentary Secretary for Status of Women

Mr. Speaker, I welcome the opportunity to participate in this debate on the motion before the House today, put forward by the member for Churchill. It deals with the very important issue of ending violence against women and girls. Our government takes the issue of violence against women and girls very seriously, and we have taken a multi-faceted approach to addressing it. Allow me to take a few moments to discuss some of the actions that we have taken.

We have made communities safer for all Canadians by enacting over 30 measures into law since 2006. For example, amendments to the Criminal Code made under the Safe Streets and Communities Act that came into force in 2012 promote safety and security. They also assist in holding criminals fully accountable for their actions through increased penalties for violent crimes, including child sexual offences, and restrictions on the use of conditional sentences and house arrest for serious and violent crimes.

Another example is Bill C-13, the Protecting Canadians from Online Crime Act, which came into force in March. It provides for a new Criminal Code offence, the non-consensual distribution of intimate images, which prohibits the sharing or distribution of nude or sexual images without the consent of the person depicted.

We have supported the needs of victims with Bill C-32, the Victims Bill of Rights Act, which received royal assent on April 23. This bill provides rights for victims of crime, many of which will benefit women who have experienced violence. For example, the bill gives victims the right to have their security and privacy considered, the right to be protected from intimidation and retaliation, the right to request the protection of their identity if they are a complainant or witness in a criminal justice proceeding, and the right to request testimonial aids.

Another recent example is Bill S-7, the zero tolerance for barbaric cultural practices act. This bill would address forms of family violence that are predominately perpetrated against women and girls. It contains proposed amendments to the Immigration and Refugee Protection Act, creating a new form of inadmissibility to Canada for those practising polygamy. It includes proposed amendments to the Civil Marriage Act to codify the requirement for free and enlightened consent to marriage and to introduce a new national absolute minimum age for marriage of 16. The bill would also introduce proposed new offences in the Criminal Code related to forced or underage marriages. It would extend the offence of removing a child from Canada to include removal for the purpose of a forced or underage marriage abroad, introduce a new forced or underage marriage peace bond to prevent these marriages from taking place, and limit the application of the defence of provocation so that it would not be available in honour killings and some spousal homicides.

These examples highlight the leadership role of our government in responding to violence against women and girls by establishing a strong legislative framework to protect victims and hold perpetrators to account. These legislative actions are a critical element of the multi-faceted approach that we have put in place to reduce and prevent violence against women and girls.

I would now like to describe some of the actions that we have taken beyond legislation. The Government of Canada has allocated more than $140 million since 2006 to give victims a more effective voice in the criminal justice system through initiatives delivered by Justice Canada. Last September, we launched the latest phase of the stop hating online campaign to combat cyberbullying. This is a national awareness campaign to protect our children and youth from cyberbullying. On February 20, the Government of Canada announced a 10-year $100-million investment to prevent, detect and combat family violence and child abuse as part of our government's commitment to stand up for victims.

On April 1, the Government of Canada began the implementation of its action plan to address family violence and violent crimes against aboriginal women and girls. We also continued collaborating with aboriginal leaders, aboriginal communities and other levels of government to get the most out of our respective action plans.

Our government also believes in giving communities the tools to help end violence against women and girls. That is why we have increased funding to Status of Women Canada, including the women's program, to record levels. In fact, we have invested over $162 million in more than 780 projects through Status of Women Canada since 2007. This includes over $71 million in projects to specifically address violence against women and girls. These efforts include a number of different calls for proposals for projects in rural and remote communities and in post-secondary campus communities.

Another call for proposals is helping communities respond to cyber and sexual violence. More than $6 million has been invested in these projects through Status of Women Canada so far.

My view is that we must continue taking actions like the ones I have described today, and therefore I will not be supporting this motion. However, we must continue working together because we know that no single individual, organization or government working alone can address the problem of gender-based violence.

We have made this issue such an important priority because we know that helping women and girls live violence-free lives is the right thing to do. However, we also know something else. We know that enabling women and girls to live free of violence removes a barrier to achieving their full potential for themselves, their families and their communities. Doing that will move us closer to equality in our country, which is something we all wish to see.

Corrections and Conditional Release ActPrivate Members' Business

April 28th, 2015 / 7:55 p.m.


See context

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, upon listening to my speech, members will quickly understand not only my interest in but also my uneasiness—and even my ambiguity—in speaking clearly to the matter before legislators, namely Bill C-642, An Act to amend the Corrections and Conditional Release Act (high profile offender).

In October 2009, my cousin Natasha was savagely kidnapped by a repeat offender, a sexual predator. He murdered her shortly after assaulting her. The authorities found her body a few days later. My life, the lives of her close relatives and especially her mother's life were turned upside down forever. When the police caught this high-profile offender, his long list of misdeeds gave pause to our society: hostage-taking, repeated sexual assault, repeated domestic violence—which are all found in Schedule I of the Corrections and Conditional Release Act—and also drunk driving, road rage, drug possession and other offences.

It makes you wonder why he was out on parole. In reality, the real questions this evening are as follows: Would this bill have affected his release? How could the people involved have influenced this decision? I am not really convinced that it would have made a difference.

First, this amendment to the Corrections and Conditional Release Act concerning high-profile offenders is grossly inadequate, meaningless and unfortunate when we examine the scope of its provisions. There is absolutely nothing about their reintegration into society and, more particularly, there is nothing about providing resources to victims. Tracking the comings and goings of an offender in a neighbourhood or community is not going to alleviate the stress of victims of crime, let alone prevent offenders from committing other crimes in a community, regardless of how close by or how far the offender is living.

I will not even comment on the availability of drug treatment programs, mental illness treatment programs, and anger or violence management programs, let alone their effectiveness.

The objective of the bill is to require the Correctional Service of Canada, in certain circumstances, to disclose particulars of the statutory release of a high-profile offender by posting those particulars on the service’s website and to provide a written notice to the victim, but the bill definitely misses the mark. Our police forces already have the discretionary power to disclose all of the relevant information regarding offenders covered in Bill C-642 when they deem it necessary. In the specific case I mentioned, it would have been extremely necessary.

As a result, this objective, while laudable, calls into question the credibility of this bill, especially if we look at the results of the consultations this government has held on these types of issues since 2006. Not once have the Conservatives considered anything important coming from citizens' groups or stakeholders. The minister and his government simply hold phony consultations, which have become old hat now, in order to satisfy their need for control and partisan politics, at the expense of good public policy and good faith that could make our streets and neighbourhoods safer.

In this case, even though all kinds of people testified in committee that it was important to provide prevention programs or other types of programs to someone who is being reintegrated or released, nothing to that effect was included in this bill.

I would remind the House that according to the Correctional Service of Canada's definition, a high-profile offender is an offender whose offence dynamics have elicited or have the potential to elicit a community reaction in the form of significant public or media interest.

When the NDP voted in favour of Bill C-32, the Victims Bill of Rights Act, which provides for a mechanism for communicating information to victims regarding an offender's conditional release, we thought the issue was resolved. Alas, no, this is just more partisanship. The practical political interests of an upcoming propaganda campaign are the impetus for this bill, which serves no legal purpose and does nothing to improve public safety.

Specifically, this bill has to do with high-profile offenders who have committed a schedule 1 offence, as my colleagues have already mentioned. Such offences include causing injury with intent, using a firearm, invitation to sexual touching, child pornography, corruption, criminal negligence causing death, criminal negligence causing bodily harm, as well as dangerous driving, harassment, assault, rape and aggravated assault. Many of those offences were among the ones committed by the criminal I was talking about earlier.

These offences are enough to make Canadians shudder. Nobody wants the people who have committed these crimes anywhere near them. Everyone agrees on that. However, the victims' bill of rights already includes provisions on the disclosure of the comings and goings and all of the information the victims want.

However, victims do not always want that information. They just want to know that these predators are far away from them. Regardless of formal demands, criminals always come back. That is stressful for victims and can cause burnout.

We live in a changing world. People want to live freely, to enjoy health and safety. That is one of the principles that all bills should be based on to ensure they are useful and pragmatic.

It is clear to me that weakening the social fabric by cutting front-line services, such as food banks, education and mental health services, does not help people who are vulnerable and marginalized, nor does it help struggling or single-parent families.

It is our duty to put those who can be redeemed back on the right track. Some can be redeemed, but they need reintegration programs and help. The resources have to be available. This government puts various provisions in place through its bills, but it constantly forgets about resources, both human and financial.

In conclusion, I believe that this bill is futile and useless. It does not achieve the objective of making our society safer, even though that is what Canadians expect. The NDP believes that we must help victims of crime get their lives back by ensuring that they can benefit from all of the services they need, including the full range of legal and health services. We want to work with victims' groups to find real, pragmatic solutions.

Business of the HouseOral Questions

February 19th, 2015 / 3:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue debating Bill C-51, the anti-terrorism act, 2015, at second reading. These measures will keep Canada secure from evolving threats.

Of course it is important in the context that we live in today that these important measures to keep Canadians safe and combat terrorism do become law during this Parliament. In order to ensure that happens, the debate will continue on Monday, and thanks to an order of this House adopted earlier this day, we are able to have certainty that we will have a vote on it at that time.

Tomorrow we will have the 10th day of debate on Bill C-32, the victims bill of rights act. That afternoon we will wrap up the third reading debate of these measures, which will place victims at the heart of our justice system.

Tuesday shall be the fifth allotted day, which will see us debate a proposal from the Liberal Party. That evening, we will have a take note debate on the troubling rise of anti-Semitism around the world.

This important take-note debate will be on the disturbing rise of anti-Semitism around the world, and we are very much looking forward to seeing this topic discussed. I want to thank the Minister for Multiculturalism and the member for Mount Royal for their persistence in this initiative.

On Wednesday we will turn to Bill C-2, the respect for communities act, for another day of debate at report stage. It will be the 12th day that this bill has been considered by the House. With luck, the opposition will stop holding up this important proposal and let regular, ordinary Canadian citizens have a meaningful say when people want to come to their communities to set up a drug injection site operation.

Then, on Thursday, we will resume the second reading debate on Bill C-46, the Pipeline Safety Act, which aims to establish world-class safety standards for pipelines in Canada.

Business of the HouseOral Questions

February 5th, 2015 / 3:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I want to start out by thanking the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup for his intervention yesterday. He rose on a point of order that his privileges were denied by security, by the RCMP, he said, in particular. Today he rose in this House to indicate that a discussion had taken place and that the matter had been settled.

As I said, his original point of privilege suggested that it was the RCMP who had stopped him, and in fact, that was not the case. It was, in fact, Senate security services. The member has spoken with them and met with them and has accepted the explanation. That is in the spirit I was attempting to capture yesterday when I said that as we go through this process of managing the changes that are happening here, as the House and Senate security forces are integrated and as we ask the RCMP to do more on the Hill, and we are, hopefully, in a motion, going to deal with other stuff, we have to work together with our partners. We all have an obligation to work together to help them do their job of protecting us. I am pleased that the matter has been brought to a close.

This afternoon we will finish debating today's motion from the NDP. Tomorrow, we will debate government Motion No. 14, standing in the name of the chief government whip, respecting an integrated security force for the parliamentary precinct and the grounds of Parliament Hill.

If additional time is needed, we will resume that debate after our constituency week, on the afternoon of Monday, February 16. Earlier in the day—Monday—before question period, we will start the second reading debate on Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act.

On Tuesday, February 17, we will start the day with report stage on Bill S-2, the Incorporation by Reference in Regulations Act. After question period, we will switch to Bill C-12, the Drug-Free Prisons Act, at report stage and third reading, now that the Public Safety Committee has wrapped up its study of the proposed legislation.

On Wednesday, February 18, we will start second reading debate on Bill C-51, the anti-terrorism act, 2015. These measures would provide Canadian law enforcement and national security agencies with additional tools and flexibility to keep pace with evolving threats and to better protect Canadians here at home. That debate will continue the following day.

Finally, on Friday, February 20, we will complete third reading of Bill C-32, the victims bill of rights act, our government's proposal to put victims at the heart of our justice system. It will be the 10th day that this bill has been discussed on the floor of the House, not to mention that it was thoroughly studied by the hard-working justice committee throughout this autumn. It is time that law came into place for the benefit of victims.

Committees of the HouseRoutine Proceedings

February 4th, 2015 / 6:45 p.m.


See context

Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, if you seek it, I believe you will find unanimous consent that the members who voted on the motion for concurrence at the report stage of Bill C-32 be recorded as having voted on the motion now before the House, with Conservative members voting yea.

Bill C-32—Time Allocation MotionVictims Bill of Rights ActGovernment Orders

February 4th, 2015 / 3:30 p.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is important that we recognize that since the Prime Minister achieved his majority government, he has demonstrated a lack of respect for procedure in the House of Commons. He has, through the government House leader, brought in well over 80 times time allocation on a wide variety of different pieces of legislation, everything from budgets to pensions to the Canadian Wheat Board, and today it is Bill C-32.

Since achieving his majority government, the Prime Minister has brought in closure, and that is what time allocation is, more than any other government in the history of our relatively young nation. He has demonstrated clearly that he does not respect the proceedings of this chamber.

The current minister was a leadership candidate at one point and a leader of a political party. Surely to goodness he would recognize that there is value in allowing for proper procedure and thorough debate, and having a government House leader work in co-operation with other House leaders to make this chamber work more efficiently at getting the job done in a respectful way, so that democracy ultimately prevails inside the House of Commons.

Bill C-32—Time Allocation MotionVictims Bill of Rights ActGovernment Orders

February 4th, 2015 / 3:25 p.m.


See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, it is very troubling that the government has imposed a time allocation motion for the 86th time, if my information is correct. It is particularly troubling that the government chose to move such a motion for Bill C-32 on the victims bill of rights.

The government spent a lot of time coming up with this bill, following a number of online and group consultations. It took a long time before the government introduced this bill of rights. However, the debates in the House at second reading were concluded rather quickly.

The committee thoroughly examined this bill. No underhanded tactics or anything of the sort were used to delay the process. As usual, the Standing Committee on Justice and Human Rights did its job as best it could with the resources provided within the allotted timeframe. The bill returned to the House, and I find that every time I hear one of my colleagues speak about this bill of rights in the House, it still gives me something more to think about.

The witnesses who appeared before the committee, both victims and victim support groups, told us that this bill requires a lot of improvement. I think that it would be a good idea for the government to hear what members have to say. Again this morning, the member for York South—Weston made me think about some specific aspects of the bill of rights. It would have been really interesting to hear her give a speech about them in the House.

Things were going well and no tactics were used to delay this bill. Why then has it suddenly become so urgent that a time allocation motion be imposed at this stage?

Is the Minister of Justice and Attorney General of Canada not fed up with seeing his government routinely impose this sort of motion on the democratic consideration of bills?

Bill C-32—Time Allocation MotionVictims Bill of Rights ActGovernment Orders

February 4th, 2015 / 3:20 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, not more than one further sitting day shall be allotted to the consideration of the report stage and one sitting day shall be allotted to the consideration of the third reading stage of the said Bill and, fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the report stage and on the day allotted to the consideration of the third 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 stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Mr. Speaker, this motion will provide for a ninth and tenth day of debate on this very important bill for victims.

Bill C-32--Notice of time allocation motionVictims Bill of Rights ActGovernment Orders

February 3rd, 2015 / 6:15 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I must advise that an agreement has not be reached under the provisions of Standing Orders 78(1) or 78(2) concerning the proceedings at report stage and third reading of Bill C-32, an act to enact the Canadian victims bill of rights and to amend certain Acts

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at those stages.

This important bill, the victims bill of rights act, has already been debated eight different days in the House. This motion will ensure a ninth and a tenth day.

Business of the HouseOral Questions

January 29th, 2015 / 3:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, let me first say happy new year to my counterpart and all hon. members.

We are back in Ottawa for another hard-working, orderly, and productive sitting of the House of Commons, a sitting in which our respective parties' policies and plans will be debated. Only one party, though, has a plan that will benefit all Canadians, and that is the Conservative plan to create jobs, keep taxes low, and keep our communities safe from crime and the threat of terrorism.

This afternoon we will conclude debate on the Liberal opposition day motion.

Tomorrow we will wrap up debate on Bill C-44, the protection of Canada from terrorists act, at third reading. This bill is the first step in our legislative measures to ensure that our law enforcement and security agencies have the tools they need to meet evolving threats.

The other part of our program to counter that terrorist threat is a bill that will be introduced tomorrow. It will be called for second reading debate during the week after our upcoming constituency week. That should allow all hon. members an opportunity to study these thoughtful, appropriate, and necessary measures and to hear the views of their constituents before we start that important debate.

Before we get to that constituency week, though, there is one more sitting week. On Monday, we will debate the NDP's pick of topic, on the third allotted day. Before question period on Tuesday, we will start debating Bill C-50, the Citizen Voting Act. After question period, we will return to the third reading debate on Bill C-21, the Red Tape Reduction Act, which will help ensure job creators can focus on what they do best, not on government paperwork.

Wednesday and Friday of next week will be dedicated to Bill C-32, the victims bill of rights act. This bill would put victims where they belong: at the centre of our justice system.

Finally, next Thursday will be the fourth allotted day, when we will again debate a proposal from the New Democrats.

Business of the HouseOral Questions

December 11th, 2014 / 3:15 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I want to thank the hon. member for Burnaby—New Westminster for his last Thursday question of 2014.

Before getting to the business of the House, I hope you will indulge me a couple of moments to thank everyone for their hard work this year. As I said yesterday at a press conference, Christmastime is an appropriate point in the year to reflect on the months which have just passed.

Let me extend my thanks to all of the members' staff for the hard work and tireless efforts they put in—around here and in our constituency offices—for the cause of democracy. Without their help, our work would simply not be possible.

Mr. Speaker, as you know well, the last few months have posed a number of unique challenges around the House of Commons, but our clerks at the table have managed their way through in a sound and confident manner, all the while being short-staffed no less. However, we are looking forward to having a full team again in 2015 once our Clerk of the House of Commons, Audrey O'Brien, takes her familiar place at the head of the table.

Of course it goes without saying that everyone else around here who makes our lives easier, our work better and maintains our peace of mind deserves our hearty thanks, as we just demonstrated to one group in particular, those who provide security services.

However, I would like to single out another group in particular. I would like to take the opportunity to thank one group that works hard, often with little in the way of thanks in this place, and that being the parliamentary pages. Being a page is an extraordinary and special experience. To be able to spend a year here at such a young time in life—though nowadays it seems some can get elected to spend a year here at such a young age—is indeed a rare and special thing. The pages have been able to enjoy a particularly interesting, fascinating and dramatic first several months here. When they return home, which for many will be the first time since they began here, to their families across the country to share stories over the holidays, I think they will have more than usual eager audiences to hear their experiences and learn about their insights. I do look forward to seeing them refreshed when we come back, as I do everyone else.

Finally, Mr. Speaker, I would be remiss if I neglected to thank you and your three fellow chair occupants, and my fellow House officers for all their work this year. I wish one and all the very best for the holidays. It is fair to say that we really do have a hard-working, productive and orderly House of Commons.

As for the formal part of this statement, we will resume debate this afternoon on Bill C-32, the victims bill of rights act, at report stage and then, if we get there, Bill C-44, the protection of Canada from terrorists act, also at report stage.

Tomorrow we will complete the third reading debate on Bill C-40, the Rouge national urban park act.

As for the business of the House for the week of January 26 when we return, I will let my counterparts know through the usual channels as the return of the House nears.

Finally, I would like to conclude by wishing everyone a happy Hanukkah, a merry Christmas and a happy new year.

Business of the HouseOral Questions

December 4th, 2014 / 3:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue the second reading debate on Bill S-6, the Yukon and Nunavut regulatory improvement act.

Tomorrow we will debate Bill C-43, the economic action plan 2014 act, no. 2. This bill would put into place important support for families, as well as key job-creating measures, which would build on our government's record of over 1.2 million net new jobs created since the economic downturn.

On Monday, before question period, we will resume the second reading debate on Bill C-12, the Drug-Free Prisons Act. By tackling drug use and trafficking in federal penitentiaries, we will make the correctional system safer for staff and inmates, while also increasing the success of rehabilitation.

After question period, we will consider Bill C-44, the Protection of Canada from Terrorists Act, at report stage. I understand that, regrettably, the NDP will be opposing this bill.

Tuesday will see the House debate Bill C-43 before it gets its third and final reading.

Wednesday we will consider Bill C-32, the victims bill of rights act, at report stage and I hope at third reading. This bill was reported back from the very hard working justice committee yesterday. It was adopted unanimously after a thorough and exhaustive study all autumn. The victims bill of rights act would create statutory rights at the federal level for victims of crime for the very first time in Canadian history. This legislation would establish statutory rights to information, protection, participation, and restitution and ensure a complaint process is in place for breaches of those rights.

The chair of the justice committee implored House leaders yesterday to pass the bill expeditiously. I hope my colleagues will agree.

Next Thursday we will resume the uncompleted debates on Bill C-32, Bill C-12, Bill C-44, and Bill S-6, as well as taking up Bill S-5 at third reading to establish the Nááts’ihch’oh national park reserve act.

Next Friday, the House will complete the third reading debate on Bill C-40, the Rouge national urban park act, to create Canada's first national urban park.

After that we will have an opportunity to wish everybody a Merry Christmas.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

December 3rd, 2014 / 3:15 p.m.


See context

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is my honour to present, in both official languages, the 10th report of the Standing Committee on Justice and Human Rights in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.

The committee has studied the bill and has decided, unanimously, to report the bill back to this House with amendments.

Mr. Speaker, I also have the honour to present, in both official languages, the 11th report of the Standing Committee on Justice and Human Rights in relation to Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators).

The committee has studied the bill and has decided, unanimously, to report the bill back to this House without amendments.

I hope the House leaders move quickly on both these items.

Tougher Penalties for Child Predators ActGovernment Orders

November 20th, 2014 / 12:10 p.m.


See context

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, with all the respect that I have for the minister, I am disappointed she adopts the same attitude of her colleagues who will attack me and any member of the NDP by saying that we do not support victims. If she had listened to my speech, I said that we would support Bill C-26 to increase penalties for child offenders and that we would support Bill C-32, the victims bill of rights act.

If the member cares about what I have to say, she would find that I have been advocating for victims rights and for child protection since becoming deputy critic for justice. All I am saying is that we need to do better, and we can do better. If the member disagrees with me, I am sorry, then she does not deserve to be in government. That is all I am saying.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

September 16th, 2014 / 6:05 p.m.


See context

Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, I thank all my colleagues on both sides of the House for their comments. I appreciate them. This is the great thing about our democracy. We have open debate and discuss the issues that concern our citizens. I am also very thankful that I belong to a party that allows backbenchers like me to bring forward issues from my constituents in a private member's bill.

As a person of deep faith, I had some challenges when I first looked at the bill, because my faith is based on confession, repentance, and forgiveness, but I came to the realization that my compassion should not trump justice for the victims.

I talked to a woman in my riding, a wonderful person, Marie Van Diest, who had twin daughters, and one of her daughters was murdered on the rail tracks in Armstrong. When she came to see me to talk to me about justice, she said that she just wanted life to mean life. She did not want to go through parole hearings. She said she was young, and 25 years from now she would still be young, and she did not want to hear this over and over every second year. I came here to represent her, because I agreed with what she had to say.

All the organizations that support victims of crime in this country have come out in support of the bill. I attended a justice round table in Kamloops, and every member around the table was very supportive of the bill.

I am pleased to be here for the second hour of the debate on this private member's bill, and I do thank my colleagues for their comments.

Once again, I thank the member for Selkirk—Interlake for initiating Bill C-587, an act to amend the Criminal Code (increasing parole ineligibility) as Bill C-478 back in February 2013. My bill has merit and will provide guidance and accommodation to our judiciary to further protect victims of violent crimes. This is about victims, not the offenders. My bill would support Bill C-32 in recognition of victims' rights and in protecting victims from the pain they would have to endure as they listened to parole hearings time and time again.

My colleague suggested the Norwegian model. I agreed with that, and we do that in our system, but the victims of crimes do not want to hear that over and over again. They have a healing period of 25 years. They do not want to go through opening up those wounds and reliving the tragedy they experienced in their lives 25 years previously.

The bill targets sadistic murderers. These sadistic criminals have never been granted parole, yet the families of the victims still face parole hearings every two years, reliving once again the tragedies of their loved ones. The bill seeks to extend the parole ineligibility period for those convicted of abduction and heinous and brutal acts of violent or sexual assault ending in the murder of an individual.

Once a parole hearing has been given and denied, almost the whole process starts over again. Making murderers ineligible for parole for up to a maximum of 40 years could save families approximately eight unnecessary parole hearings.

Why does the bill ask for a maximum of 40 years before a parole hearing is allowed? Murder is 25 years without parole. Abduction faces a maximum of 10 years, and sexual assault a maximum of 4.6 years. My bill would empower the courts with the ability to increase parole ineligibility when sentencing individuals who abducted, sexually assaulted, and killed our loved ones from the current 25 years up to a maximum of 40 years.

I am hopeful that the bill will pass second reading and be sent to the justice committee for further comment and further study, but I thank all those who have contributed, and I appreciate the opportunity to present the bill to this House.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

September 16th, 2014 / 5:25 p.m.


See context

Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, it is a privilege to speak to the proposed amendments to the Criminal Code contained in the private member's bill before us today. The amendments contained in Bill C-587, the respecting families of murdered and brutalized persons act, introduced by my colleague, the member of Parliament for Okanagan—Shuswap, are based on the same fundamental idea that underlies many recent legislative initiatives passed by Parliament, which is the interests of victims of crime and of their families and loved ones.

That fundamental proposition is a straightforward one. Families and loved ones of murder victims should not become the secondary victims of a convicted murderer by being forced to relive the details of their terrible loss every time the killer applies for parole.

As hon. members may recall from past debates, both first and second degree murder are punishable by life imprisonment, subject to a period set out in section 745 of the Criminal Code, during which the murderer may not apply for parole. While all murders are morally blameworthy, first and second degree murder are distinguished from each other by the higher degree of moral blameworthiness associated with first degree murder that justifies the longer mandatory period of parole ineligibility of 25 years.

While the mandatory minimum period of parole ineligibility for second degree murder is 10 years, it may be increased in two situations.

First, if a second degree murderer has been convicted of a prior murder or of an intentional killing under the Crimes Against Humanity and War Crimes Act, the parole ineligibility period will be automatically set for the same as first degree murder, namely 25 years. In such cases, the fact that the murderer has killed before is considered to increase his or her moral blameworthiness up to the level of a first degree murderer.

Second, even if the second degree murderer has not killed before, a judge has the discretion under section 745.4 of the Criminal Code to impose a period of parole ineligibility of up to 25 years based on the murderer's character, the nature and circumstances of the murder, and any jury recommendation in this regard. In short, the higher the degree of moral blameworthiness associated with a second degree murder, the longer the parole ineligibility period that may be imposed to reflect it.

It is important to keep the concept of moral blameworthiness in mind when considering the proposals put forward in Bill C-587. These proposals are directed at the most morally blameworthy of murders, those in which the murder victim has also been subjected to an abduction and to a sexual assault by the murderer. It is hard to imagine a more heinous series of acts committed against the victim.

The issue before us today is that, with the exception of the case of multiple murderers, the maximum parole ineligibility period for murder permitted under the Criminal Code is 25 years. This is true, no matter how terrible the circumstances in which the murder may have been committed.

As for multiple murderers, I am aware that in 2011, the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act came into force. These Criminal Code amendments permit a judge to impose a parole ineligibility period on a multiple murderer for the first murder in accordance with the provisions I have already described. The judge will also be authorized to impose consecutive parole ineligibility periods of 25 years, one for each victim after the first, to ensure that the lives of each and every victim will be reflected in the sentence ultimately imposed upon the murderer.

In short, this important legislation would help to ensure that no victim's life would be discounted at the time of sentencing.

However, the result of the seemingly arbitrary limit on parole ineligibility of 25 years on those who kill once in the circumstances reflected in Bill C-587 is a symbolic devaluation of the suffering of the murder victim, as well as an apparent disregard of the extreme level of moral blameworthiness exhibited by the murderer. One has only to recall the horrible murder of Tori Stafford by Michael Rafferty to realize the truth of this statement.

The member for Malpeque just said that this bill was a solution in search of a problem. I would ask him to review the terrible circumstances of the murder of that young girl, Tori Stafford, and then stand back up in the House and say whether there is no problem that needs to be addressed. This, in my view, addresses this situation and this problem. This problem has, unfortunately, occurred all too often in Canadian history. That is what we get from the moral equivalence of the Liberal Party.

Allow me to be more specific about what Bill C-587 would do.

First, it would amend section 745 of the Criminal Code to require a mandatory parole ineligibility period of 25 years for anyone convicted of murder who had also been convicted of committing one of the listed kidnapping and abduction offences, as well as one of the listed sexual offences against the murder victim. In short, the 25-year period would only apply if the murderer had been convicted of three offences against the same victim. This would ensure that this measure would be applied only against those whose crimes would justify this level of sanction.

Second, the bill would authorize a sentencing judge to replace that 25-year minimum parole ineligibility period with a longer period of up to 40 years based on the character of the offender, the nature and circumstances of the offences and any jury recommendation in this regard.

As I described earlier in the context of second degree murder, these are well-established Criminal Code criteria that permit the judge and jury who have heard the evidence at trial to make this important sentencing decision. Under the existing law, murderers who kidnap and sexually assault their victims already receive long sentences. This would continue to be true under Bill C-587.

However, the bill would also protect families and loved ones of murdered victims from the trauma of repeated parole applications of the murderer. As the hon. member for Okanagan—Shuswap said, when he introduced this legislation on April 7, “Sadistic criminals convicted of such heinous crimes are never granted parole, thus the hearings are unnecessary and are extremely painful for the victims’ families to endure”.

I will point out the terrible trauma that the victims of Clifford Olson went through when he had multiple parole hearings, even though we all knew, and he knew, that he would never be released. However, every two years, he would require the families of those victims to appear before a Parole Board hearing to go through and relive the horrible murders of their children over and over again.

In short, the bill is not just about creating stiffer penalties for sadistic murderers by allowing a judge to impose up to 40 years of parole ineligibility on the depraved murderers targeted by these measures. This bill is also about saving the families and loved ones of the victims from having to go through the agony of unnecessary and often traumatic Parole Board hearings.

If the member for Malpeque does not believe there is a problem here that needs to be solved, I would ask him to go and speak to the families of some of these victims and hear about the torture that they go through having to relive the awful circumstances of the murders of their loved ones over and over again. I would refer him to Sharon Rosenfeldt, who is the mother of one of Clifford Olson's victims. Perhaps he should speak to her and hear her point of view on this matter.

This is the fundamental proposition at the heart of the important measures proposed in the bill. It is far too often the case that the families and loved ones of victims experience a greater degree of pain and experience a greater sense of loss because the justice system has failed to protect them from being re-victimized every two years when the murderer applies in vein for parole.

Moreover, Bill C-587 is entirely consistent with past legislation passed by the House, such as the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act. It ensures that a life sentence of imprisonment for murder means just that: life in prison.

I will point out that in the past the Liberal justice critic has said that if the Liberals were to form a government, they would repeal that law which removed the faint hope clause and they would restore the faint hope clause, allowing murderers like the late Clifford Olson to have those continual Parole Board hearings.

Bill C-587 is also entirely consistent with another piece of important legislation that the House is also being asked to examine, Bill C-32, the victims bill of rights act, which was introduced on April 3 of this year. The victims bill of rights would put victims at the heart of the justice system in order to rebalance the scales of justice away from criminals and toward those who have suffered at their hands.

Bill C-587 is yet another example of this long overdue rebalancing. I urge all hon. members to examine it from this point of view. If they do, I am sure they will agree with me that it ought to be moved to the committee and third reading to ensure that it becomes the law of the land in the shortest time possible.

I thank all members for their attention and urge them to come together in the interests of the families and loved ones of the truly horrific crimes targeted by Bill C-587, such as the family of Tori Stafford. I strongly urge all members therefore to give their full support to this bill and ensure its swift passage.

Time Allocation MotionPrivilegeRoutine Proceedings

September 15th, 2014 / 3:35 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to rise today on this question of privilege about closure.

I am rising at my first opportunity on this question of privilege, given that between the Speech from the Throne in October and when we adjourned June 20, there had been 21 occasions on which closure of debate occurred, and I maintain that the exercise of my rights and the rights of my colleagues in this place have been obstructed, undermined, and impeded by the unprecedented use of time allocations in the second session of the 41st Parliament.

Mr. Speaker, in presenting this fairly legal argument to you, I propose to leave out page numbers and citations because I have prepared a written version of this for your office and I hope that will be acceptable to you that I skip page numbers in this presentation. Hansard may not have the numbers of the debates, but I hope there is enough context so people can find them.

I belive this excessive use of what is often called “guillotine measures” is a violation of the rights of all members of Parliament, but I would like to stress that there is a disproportionate impact on members such as me who are within either smaller parties, that is less than 12 members, or who sit actually as independents, because in the roster of recognizing people in their speaker slot, quite often those of us in the smaller parties or independents simply never get to speak to the bills at all.

My question, Mr. Speaker, bears directly on what your predecessor said in this place on April 27, 2010. He said, “...the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and in fact an obligation.”

In the autumn of 2011, in a ruling concerning the member for Mount Royal, Mr. Speaker, you yourself said that to constitute a prima facie case in regard to matters of obstruction, interference, molestation or intimidation, you need to “...assess whether or not the member's ability to fulfill his parliamentary [activities] has been undermined.” At that moment in the same Debates, you had the occasion to reflect on “...the Chair's primordial concern for the preservation of the privileges of all members,...” and you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously.”

I now have occasion to turn to other words that will guide us in this matter. From the Supreme Court of Canada in the Vaid decision, in the words of Mr. Justice Binnie, speaking for the court, he outlined the scope of parliamentary responsibility and parliamentary privilege for the management of employees and said, “Parliamentary privilege is defined by the degree of autonomy necessary to perform Parliament’s constitutional function.” He went on to say at paragraph 41 of that Supreme Court of Canada judgment:

Similarly, Maingot defines privilege in part as “the necessary immunity that the law provides for Members of Parliament, and for Members of the legislatures of each of the ten provinces and two territories, in order for these legislators to do their legislative work”.

I would repeat and emphasize that, because although the Vaid decision was on a different fact set, Mr. Justice Binnie spoke to our core responsibility as parliamentarians when he said that we must be able, as legislators, to do our legislative work.

Mr. Justice Binnie continued in the Vaid decision to say:

To the question “necessary in relation to what?”, therefore, the answer is necessary to protect legislators in the discharge of their legislative and deliberative functions, and the legislative assembly’s work in holding the government to account for the conduct of the country’s business. To the same effect, see R. Marleau and C. Montpetit...where privilege is defined as “the rights and immunities that are deemed necessary for the House of Commons, as an institution, and its Members, as representatives of the electorate, to fulfill their functions”.

Mr. Justice Binnie went on to find further references in support of these principles from Bourinot's Parliamentary Procedure and Practice in the Dominion of Canada.

These are fundamental points. The purpose of us being here as parliamentarians is to hold the government to account. It is obvious that no legislative assembly would be able to discharge its duties with efficiency or to assure its independence and dignity unless it had adequate powers to protect itself, its members, and its officials in the exercise of these functions.

Finally, Mr. Justice Binnie—again, for the court—said at paragraph 62, on the subject of parliamentary functions in ruling that some employees would be covered by privilege, that coverage existed only if a connection were established between the category of employees and the exercise by the House of its functions as a legislative and deliberative body, including its role in holding the government to account.

As I said earlier, this approach was supported by your immediate predecessor. In a December 10, 2009 ruling, the Speaker of the House, the Hon. Peter Milliken, said that one of his principal duties was to safeguard the rights and privileges of members, and of the House, including the fundamental right of the House of Commons to hold the government to account for its actions, which is an indisputable privilege, and in fact an obligation.

It is therefore a fundamental principle of Westminster parliamentary democracy that the most important role of members of Parliament, and in fact a constitutional right and responsibility for us as members, is to hold the government to account.

The events in this House that we witnessed before we adjourned on June 20, 2014, clearly demonstrate that the House and its members have been deprived of fulfilling constitutional rights, our privilege, and our obligation to hold the government to account, because of the imposition of intemperate and unrestrained guillotine measures in reference to a number of bills. Over 21 times, closure has been used.

It is only in the interest of time that I am going to read out the numbers of the bills and not their full description. Bill C-2, Bill C-4, Bill C-6, Bill C-7, Bill C-13, Bill C-18, Bill C-20, Bill C-22, Bill C-23, Bill C-24, Bill C-25, Bill C-27, Bill C-31, Bill C-32, Bill C-33, and Bill C-36 were all instances where closure of debate was used.

In many of the instances I just read out, and in the written argument I have presented, closure of debate occurred at second reading, again at report stage, and again at third reading. The limitation of debate was extreme.

A close examination of the guillotine measures imposed by the government demonstrate that the citizens of Canada have been unable to have their elected representatives adequately debate the various and complex issues central to these bills in order to hold the government to account. Members of Parliament have been deprived and prevented from adequately debating these measures, through 21 separate motions for time allocation in this session alone. It undermines our ability to perform our parliamentary duties.

In particular, I want to again highlight the effect that the guillotine motions have on my ability as a representative of a smaller party, the Green Party. We do not have 12 seats in the House as yet, and as a result we are in the last roster to be recognized once all other parties have spoken numerous times. Quite often, there is not an opportunity for members in my position, nor for independent members of Parliament, to be able to properly represent our constituents.

Again, I should not have to repeat this. Certainly you, Mr. Speaker, are aware that in protecting our rights, as you must as Speaker, that in this place we are all equals, regardless of how large our parties are. As voters in Canada are all equal, so too do I, as a member of Parliament, have an equal right and responsibility to represent the concerns of my constituents in this place, which are equal to any other member in this place.

As speaking time that is allotted to members of small parties and independents is placed late in the debates, we quite often are not able to address these measures in the House. This would be fair if we always reached the point in the debate where independents were recognized, but that does not happen with closure of debates. My constituents are deprived of their right to have their concerns adequately voiced in the House.

Political parties are not even referenced in our Constitution, and I regard the excessive power of political parties over processes in this place, in general, to deprive constituents of equal representation in the House of Commons. However, under the circumstances, the additional closure on debate particularly disadvantages those constituents whose members of Parliament are not with one of the larger parties.

Mr. Speaker, in the autumn of 2011, in your ruling considering the member for Mount Royal and his question of privilege, you said that one of your responsibilities that you take very seriously is to ensure that the rights and privileges of members are safeguarded. The principal right of the House and its members, and their privilege, is to hold the government to account. In fact, it is an obligation, according to your immediate predecessor.

In order to hold the government to account, we require the ability and the freedom to speak in the House without being trammelled and without measures that undermine the member's ability to fulfill his or her parliamentary function. As a British joint committee report pointed out, without this protection, members would be handicapped in performing their parliamentary duty, and the authority of Parliament itself in confronting the executive and as a forum for expressing the anxieties of citizens would be correspondingly diminished.

To hold the government to account is the raison d'être of Parliament. It is not only a right and privilege of members and of this House, but a duty of Parliament and its members to hold the government to account for the conduct of the nation's business. Holding the government to account is the essence of why we are here. It is a constitutional function. In the words of the marketers, it is “job one”.

Our constitutional duty requires us to exercise our right and privilege, to study legislation, and to hold the government to account by means of raising a question of privilege. This privilege has been denied to us because of the consistent and immoderate use of the guillotine in regard to 21 instances of time allocation, in this session alone.

This use of time allocation, as you know, Mr. Speaker, is unprecedented in the history of Canada, and infringes on your duty as Speaker to protect our rights and privileges as members. As you have said many times, that is your responsibility and you take it very seriously. However, these closure motions undermine your role and your duty to protect us. Therefore, it diminishes the role of Speaker, as honoured from time immemorial.

In fact, you expressed it, Mr. Speaker, in debates in the autumn of 2011, at page 4396, when you had occasion to reflect on “the Chair's primordial concern for the preservation of the privileges of all members..”, and when you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously.”

Denying the members' rights and privileges to hold the government to account is an unacceptable and unparliamentary diminishment of both the raison d'être of Parliament and of the Speaker's function and role in protecting the privileges of all members of this House.

In conclusion, I submit to you, Mr. Speaker, that the intemperate and unrestrained use of time allocation by this government constitutes a prima facie breach of privilege of all members of this House, especially those who are independents or, such as myself, representatives of one of the parties with fewer than 12 members.

Mr. Speaker, I appreciate your consideration in this matter. I hope you will find in favour of this question of privilege, that this is a prima facie breach of the privileges and rights of all members.

Business of the HouseGovernment Orders

June 19th, 2014 / 3:20 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, after this proceeding, we will start the second reading debate on Bill C-21, the Red Tape Reduction Act. I know that my hon. friend, the President of the Treasury Board—a man with firm views on paper documents—is very keen to get this debate started.

Tonight, after private members' hour, the House will resume the third reading debate on Bill C-8, the Combating Counterfeit Products Act. Once that is done, I look forward to picking up where we left off this morning with second reading of two bills to create new parks: Bill C-40, An Act respecting the Rouge National Urban Park, in the greater Toronto area, and Bill S-5, which will establish a new national park reserve in the Northwest Territories.

If we have time left before midnight, we will continue debating Bill C-35, the justice for animals in service act, or Quanto's law); Bill C-26, the tougher penalties for child predators act; Bill C3, the safeguarding Canada's seas and skies act; and Bill C-21 if we do not finish that by 5:30 today.

Tomorrow will be the sixth and final day of second reading debate on Bill C-32, the victims bill of rights act, a bill that, despite lengthy debate, all parties agree should be studied by our hard-working justice committee.

However, the highlight of this week will of course come later this afternoon. The Usher of the Black Rod will knock on the door and summon us to attend the Governor General in the Senate chamber where, with the three constituent elements of Parliament assembled, we will participate in the ancient ceremony of royal assent.

Based on messages read from the other place, and messages I anticipate later this afternoon, 14 new laws will be made upon His Excellency's imperceptible, or barely perceptible, nod. This will mark a total of 25 bills passing through the entire legislative process since October's Speech from the Throne. Of these, 20% are private members' bills, further underscoring the unprecedented empowerment of members of Parliament under this Prime Minister's government.

Speaking of the time passing since October, we are also marking the end of the academic year. This means the end of the time with this year's fine class of pages. Here I know that some in the chattering classes have concerns about the length of my weekly business statements, but I hope they will forgive mine today.

As we all know, the pages work extremely hard and do some incredible work, both in the chamber and in the lobbies. They perform many important duties, which in some cases go unnoticed, or at least so they think. They show up before the House opens each morning and stay until after it closes at night. We all know that over the past few weeks, it has meant much longer days than usual, but even then, the pages have remained professional, respectful, and have started each day with a smile, and ended it with one too, although that occasionally required a bit of encouragement on my part.

I would first off like to thank them for their service. Without them and their support, members of Parliament would not be nearly as effective and efficient in performing the duties that Canadians sent us to Ottawa to undertake.

I do have some insight from being married to a former page, from the class of '87 actually, and she often refers to her year as a page as the best year of her life. Here I can say that the experiences the pages have had at the House of Commons is something they will remember for the rest of their lives.

In addition, I know that in my wife's case, some of the friends she made in the page program are still good friends to this day, including, in fact, the chief of staff to the current leader of the Liberal Party. I hope that will be the same for all of you, that is being friends for life—not that other thing.

I am sure that the pages are looking forward to the summer break so they can all take their minds off of school and visit with friends and family to share their many stories and experiences, some of which are even funny, with us here in the House. I will not be surprised one day if we find some of them occupying seats in this chamber, something that happened for the first time in this Parliament with the hon. members for Etobicoke—Lakeshore and Mississauga—Brampton South, both having been elected to sit here in this Parliament.

Some of the pages may also find employment on Parliament Hill working for members, and I know that I have, without fail, been impressed by the high calibre of ambitious young people who have worked in my office during stints as page.

Over the past three years, the House has worked in a productive, orderly, and hard-working manner, and this has not been possible without the help of the pages. I believe it is safe to say that I speak on behalf of all members of the House when I thank them for their dedication and service, and finally, give them our best wishes for success in all their future endeavours.

Bill C-32—Time Allocation MotionVictims Bill of Rights ActGovernment Orders

June 18th, 2014 / 5:20 p.m.


See context

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, that excellent member has dedicated so much of her life to helping victims, in particular those victims of human trafficking. She has worked closely with individuals who would best be described as vulnerable Canadians. She knows the justice system is a complex system that often requires legal guidance that is not always available.

The victims bill of rights is meant to help those who find themselves as victims. It is meant to help those who are often witnesses in court to access services, victim services in particular. These services are available far more readily now than they were when I practised law some 15 years ago. Victim services are set up in every territory and province and programs are designed specifically to provide that type of support.

This bill of rights would entrench in law the right to information, the right to restitution, the right to protection. It would give victims a better feeling knowing that they were included in the system, that their voice would not only be heard, but would be important and responded to. Crown prosecutors, lawyers, judges and police are enthusiastic about the legislation, but no one more so than victims themselves. They have been waiting literally years to have this type of protection, this type of ability, to have legislative protection. That is why we need to move the bill forward as hastily as possible.

Bill C-32—Time Allocation MotionVictims Bill of Rights ActGovernment Orders

June 18th, 2014 / 5:05 p.m.


See context

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I know they are anxious to get to their hot dog and hamburger party tonight, but this is an important issue. We are dealing now with victims rights. We want to move this legislation along, so we can actually protect victims in Canada, so we can have the bill in place that would accord them protection from re-victimization in the courts. It would allow them a flow of important information, so they can make decisions for themselves and their loved ones.

Bill C-32 has had five days of debate in the House of Commons. We know there will be ample further opportunity at committee. There will be an opportunity when the bill comes back to the House. I do not know why they do not want to do their jobs: show up, debate important bills, and allow Canadians to see that this Parliament actually functions.

Bill C-32—Time Allocation MotionVictims Bill of Rights ActGovernment Orders

June 18th, 2014 / 5 p.m.


See context

Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I am always proud to be here to support government legislation, bills that have been introduced through my department. Bill C-32, as the member knows, is a very important piece of legislation pertaining to victims rights, which he has now clearly indicated his party is supporting. I believe that may be the case with the Liberal Party as well.

I note that the bill has been debated for five days. There have been hours devoted to the opportunity for members of the opposition, as well as government members, to rise in this place and clearly put on the record new ideas and constructive suggestions that might add to the bill.

The member speaks of representative democracy. He would know that time allocation motions have been used throughout the history of this place. He would also know that we now have an opportunity to send the bill on to committee, where we can actually hear from Canadians. In addition to the 308 members of Parliament, we would have an opportunity to hear from Canadians and organizations interested in advancing victims' rights. That is what the bill is about. We need to get it into place. We need to secure it in legislation, so that those rights would actually extend and protect victims in Canada today.

Bill C-32—Time Allocation MotionVictims Bill of Rights ActGovernment Orders

June 18th, 2014 / 4:55 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I move:

That, in relation to Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts, 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.

Bill C-32—Notice of Time AllocationVictims Bill of Rights ActRoutine Proceedings

June 13th, 2014 / 12:05 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I would like to advise that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the proceedings at the second reading stage of Bill C-32, an act to enact the Canadian victims bill of rights and to amend certain acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the bill.

Business of the HouseRoutine Proceedings

June 12th, 2014 / 3:25 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am pleased to have another opportunity to respond to the Thursday question from the hon. member for Burnaby—New Westminster.

I know how proud he claims to be about showing up to work. In fact, though, the New Democrats seem to have a spotty record on that. Last evening, that very member rose to speak to our government's bill to protect our communities and exploited persons—that is Bill C-36—and after one whole minute he moved to adjourn the House. He said we should all go home. Maybe that is the parliamentary equivalent of taking one's ball and wanting to go home when one is unhappy with how things are going in another meeting.

In any event, we did all dutifully troop into the House to vote on that at 6 p.m. However, what was very revealing was that only 61 of those 98 New Democrats stood in their places to vote. A few of them were missing their shifts, oddly. We did not find that on the Conservative side. In fact, we just had two votes in the House, and the number of New Democrats who were not standing in their places was very similar to that.

Therefore, when I ask myself who is not showing up for work, I can say it is not the Conservatives not showing up; it is, in fact, the New Democrats.

However, following the popular acclaim of last week's Thursday statement, I would like to recap what we have actually accomplished in the House since last week in terms of the legislative agenda.

Bill C-37, the riding name change act, 2014, which was compiled and assembled through the input of all parties, was introduced and adopted at all stages.

Bill C-31, the economic action plan, act no. 1, was adopted at both report stage and, just moments ago, at third reading.

Bill C-24, the strengthening Canadian citizenship act, was concurred in at report stage.

Bill C-20, the Canada-Honduras economic growth and prosperity act, was passed at third reading. Of course, the NDP tried to slow down its passage, but Conservatives were able to get around those efforts, as I am sure the 50 New Democrats on vigil in the House last night fondly appreciate, and we were able to extend our hours because there were, again, not even 50 New Democrats here in the House to stand in their places to block that debate as they wanted to, so we did finish the Canada-Honduras bill that night and were able to vote on it.

The government's spending proposals for the year were adopted by the House, and two bills to give these plans effect, Bill C-38 and BillC-39, were each passed at all stages.

Bill C-22, the energy safety and security act, was reported back from committee, and several other reports from committees were also tabled. As I understand, we will see Bill C-17, the protecting Canadians from unsafe drugs act, reported back from the health committee in short order.

Finally, this morning we virtually unanimously passed a motion to reappoint Mary Dawson as our Conflict of Interest and Ethics Commissioner.

Sadly, though, the New Democrats did not heed my call last week to let Bill C-32, the victims bill of rights act, pass at second reading. We were treated, sadly, to only more words and no deeds from the NDP.

Turning to the business ahead, I am currently anticipating the following debates. This afternoon and tonight, we will finish the debate on Bill C-36, the Protection of Communities and Exploited Persons Act, at second reading. That will be followed by third reading of Bill C-24 and second reading of Bill C-35, Justice for Animals in Service Act (Quanto's Law).

Tomorrow morning, we will debate Bill C-24, if necessary, and Bill C-18, Agricultural Growth Act, at second reading. After question period, we will get back to Bill C-32, and give the NDP one more chance to send the victims bill of rights to committee.

The highlight of Monday is going to be the report stage of Bill C-6, the Prohibiting Cluster Munitions Act. Tuesday’s feature debate will be Bill C-2, the Respect for Communities Act, at second reading. Wednesday will see us finish third reading, I hope, of Bill C-6. During the additional time available those days—in addition to Thursday and Friday of next week—I will schedule any unfinished debates on Bill C-18, Bill C-32 and Bill C-35.

I will also try to schedule debates on Bill C-22 and Bill C-17, as well as other bills, such as Bill C-3, Safeguarding Canada's Seas and Skies Act, at third reading; Bill C-8, Combating Counterfeit Products Act, at third reading; Bill C-12, Drug-Free Prisons Act, at second reading; Bill C-21, Red Tape Reduction Act, at second reading; Bill C-26, Tougher Penalties for Child Predators Act, at second reading; Bill S-2, Incorporation by Reference in Regulations Act, at second reading; Bill S-3, An Act to amend the Coastal Fisheries Protection Act, at second reading; and Bill S-4, Digital Privacy Act—which I understand we will receive shortly from the other place—at second reading.

Business of the HouseOral Questions

June 5th, 2014 / 3:10 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I will start with the concept of the very strange proposition put forward by my friend. He uses this concept of shifts and believes there is some perverse obligation on the part of the government that, if the opposition wishes to filibuster the production of new laws and delay their production, we somehow have an obligation to match them step for step in extending that process. His comparison is with ordinary Canadians. He said that ordinary Canadians should not produce a product at the end of the day at work; they should take two, three, or four days to get the same thing made. That is his idea of getting things done. That is his idea of how ordinary Canadians can work. I think that says something about the culture of the NDP and the hon. member. I will let members guess what culture that is. It is a culture that does say we should take two or three times longer to get something done or to get to our destination than we possibly can.

We on this side are happy to make decisions to get things done for Canadians. In fact, that is exactly what we have been doing. Since I last rose in response to a Thursday question, the House has accomplished a lot, thanks to our government's plan to work a little overtime this spring.

I know the House leader of the official opposition boasts that the New Democrats are happy to work hard, but let us take a look at what his party's deputy leader had to say on CTV last night. The hon. member for Halifax was asked why the NDP agreed to work until midnight. She confessed, “We didn't agree to do it.” She then lamented, “We are going from topic to topic. We are doing votes. We are at committees. They are really intense days. We're sitting until midnight.”

On that part, I could not agree more with the deputy leader of the NDP, believe it or not, but with much more cheer in my voice when I say those words, because we think it is a good thing. These are intense days. We are actually getting things done. We are actually voting on things. We are actually getting things through committee. For once, we are going from topic to topic in the run of the day.

Let me review for the House just how many topics, votes, and committee accomplishments we have addressed since the government asked the House to roll up its sleeves.

Bill C-24, the strengthening Canadian citizenship act, was passed at second reading and has even been reported back from the citizenship committee.

Bill C-10, the tackling contraband tobacco act, was concurred in at report stage and later passed at third reading.

Bill C-31, the economic action plan 2014 act, no. 1, was reported back from the finance committee.

Bill C-27, the veterans hiring act, was passed at second reading.

Bill C-20, the Canada-Honduras economic growth and prosperity act, was concurred in at report stage.

On the private members' business front we saw:

Bill C-555, from the hon. members for West Nova in support of the seal hunt, was passed at second reading.

Bill C-483, from my hon. colleague, the member for Oxford, cracking down on prisoners' escorted temporary absences was passed at third reading.

Bill C-479, from the hon. member for Ancaster—Dundas—Flamborough—Westdale, on improving the place of victims in our justice system was passed at third reading last night.

Progress is not limited to Conservative initiatives. The Green Party leader's Bill C-442, respecting a Lyme disease strategy, was reported back from committee yesterday.

The hon. member for Timmins—James Bay saw a motion on palliative care pass.

We have also seen countless reports from committees reviewing the government's spending plans, as well as topics of importance to those committees.

This morning we even ratified the appointment of an officer of Parliament.

Finally, I do want to reflect on the accomplishment of Bill C-17, the protecting Canadians from unsafe drugs act (Vanessa's law), which members may recall me discussing in last week's Thursday statement. It finally passed at second reading. However, this did not happen until the NDP relented and changed its tune to allow the bill to go to committee. It was the first time ever that we had an expression from the New Democrats when we gave notice of intention to allocate time in which they said, “We don't need that time; we're actually prepared to allow a bill to advance to the next stage”. I think, by reflecting on the fact that those dozens of other times the NDP did not take that step, we could understand that they did not want to see a bill advance; they did not want to see progress made. That lets Canadians understand quite clearly why it is we need to use scheduling and time allocation as a device to get things done in the face of a group that thinks the objective is to fill up all possible time available with words rather than actual votes and getting things done.

It is clear that our approach is working. We are getting things done in the House of Commons and delivering results for Canadians.

Perhaps I might be overly inspired by the example of Vanessa’s Law, but I do want to draw the attention of the House to Bill C-32, the Victims Bill of Rights Act.

So far, we have seen three days of debate on second reading of the bill, but “debate” is actually not accurate. What we have witnessed is speech, after speech, after speech—most of them from New Democrats—offering platitudes of support for the idea of getting that bill to a committee where it could be studied. What I want to know is, why will they not just let it happen? Victims of crime want to see meaningful action, not just kind words.

Suffice it to say that I will need to schedule additional time for discussion of this bill. Perhaps the NDP will let it pass after a fourth day of talk.

This afternoon, we will continue with the report stage debate on Bill C-31, our budget implementation bill. When that concludes, we will turn to Bill C-20, to implement our free trade agreement with Honduras, at third reading. If time permits, we will continue the third reading debate on Bill C-3, the Safeguarding Canada's Seas and Skies Act.

Tomorrow morning, we will start the report stage debate on Bill C-24, which makes the first modernization of the Citizenship Act in 35 years. After question period, I will call Bill C-32, the Victims Bill of Rights Act, to see if the NDP is ready to deliver results, not talk.

Monday morning, we will continue the third reading debate on Bill C-20, if more time is needed, and then resume the second reading debate on Bill C-18, the Agricultural Growth Act. After question period, we will get back to the Strengthening Canadian Citizenship Act.

Tuesday shall be the eighth allotted day when the NDP will have a chance to talk, and talk, about a topic of their own choosing. At the end of the night, we will have a number of important votes on approving the funds required for government programs and services and pass two bills to that end.

On Wednesday, we will debate our budget bill at third reading, and then we will start the second reading debate on Bill C-36, the Protection of Communities and Exploited Persons Act, which my seatmate, the Minister of Justice, tabled yesterday.

We will continue the debates on Bill C-36 and Bill C-24, if extra time is needed, on Thursday. After those have finished, and on Friday, we will resume the uncompleted debates on Bill C-3, the Safeguarding Canada's Seas and Skies Act, at third reading; Bill C-6, the Prohibiting Cluster Munitions Act, at report stage; Bill C-8, the Combating Counterfeit Products Act, at third reading; Bill C-18, the Agricultural Growth Act, at second reading; Bill C-26, the Tougher Penalties for Child Predators Act, at second reading; Bill C-32, the Victims Bill of Rights Act, at second reading; and Bill C-35, the Justice for Animals in Service Act (Quanto's Law), at second reading.

To make a long story short, we have accomplished much in the House over the last week, but we still have much left to do, which inspires me to note that in the week ahead I have to take my automobile in for maintenance. At that time, when I take it to the dealership, I hope one person will work on it for an hour, get the job done, and then return it to me at a reasonable cost. I do hope I am not told, “There are still many more employees who have not had a chance to have a shift working on your car as well, so we are going to keep it here another three days and give everybody a turn to work on your car.” I hope the dealership will do as Conservatives do: get the job done and then deliver me the product.

An Act to Bring Fairness for the Victims of Violent OffendersPrivate Members' Business

June 4th, 2014 / 6:35 p.m.


See context

Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, it is my great pleasure today to speak about our government's unyielding determination and commitment to support victims of crime in our country.

As members of the House know, we recently took a big step forward in this regard with the introduction of Bill C-32, the victims bill of rights act. This particular legislation, developed and designed to respond to the long-standing concerns of victims of crime would, for the first time, enshrine in law four important rights: the right to information, the right to participation, the right to protection, and the right to restitution.

In fact, many of the concerns expressed earlier by the opposition parties are actually addressed in this particular bill. It is also historic in that it would transform the way in which the criminal justice system interacts with victims of crime. Quite simply, but also quite profoundly, the victims bill of rights act would ensure victims have a greater voice in the criminal justice system. We are grateful for the support we have seen for that legislation and we look forward to further debate about its many merits.

However, today we are here to discuss Bill C-479, the fairness for victims act. It is yet another example of our government's strong commitment to standing up for the victims of crime. It would build on the significant action we have already taken in this regard, including the victims bill of rights act and many other initiatives put forward since we came to power in 2006.

Not only have we instituted and permanently funded the federal victims strategy, but we have also passed several legislative measures to strengthen the parole process and give a greater voice to victims. Indeed, with the passage of the Safe Streets and Communities Act in 2012, we enshrined in law a victim's right to present a statement at parole hearings and ensured a victim's access to timely information from the Correctional Service of Canada about offenders' transfers.

Additionally, we have put in place measures so that the Parole Board can proceed, with some exceptions, to a decision even if an offender withdraws a parole application within 14 days of the scheduled hearing. Before our changes, a victim would have been inconvenienced travelling to a hearing that did not even take place.

Bill C-479 is also in line with the promise our government made to keep Canadians and their families safe. As ever, we remain focused on tackling crime and creating a fair and efficient justice system. Our government has continually placed the interests of victims ahead of those of criminals, and I would hope that the members opposite will start to support these important measures. I am pleased to hear today in the House that both parties will be supporting it.

I would like to take this opportunity to once again commend the hon. member for Ancaster—Dundas—Flamborough—Westdale for his tireless work for victims and for bringing this important legislation forward.

As members know, there were some amendments adopted at report stage. We are confident that we now have before us the best legislation possible for the good of all victims. We thank members for their support in getting this legislation to where it is today.

Let us discuss the ways in which it would modernize the Corrections and Conditional Release Act as well as how it would help victims.

First I would like to speak to the changes we have proposed in regard to mandatory review periods for parole for offenders convicted of violent offences, including murder. When such offenders are denied parole, the Parole Board is currently required by law to review their case every two years. This legislation would now extend this period of review from two to five years.

We have also proposed to lengthen the mandatory parole review periods when parole is cancelled or terminated for offenders serving at least two years for an offence involving violence. It would increase this mandatory period to within four years in which the Parole Board must review parole, and for later cancellations the mandatory period would be increased to five years.

Why is this so important to victims? Let us not forget that many of them participate in hearings. If we pause and reflect for a moment and try to imagine the anxiety and distress that victims might feel leading up to the process of a Parole Board hearing, it becomes clear why a longer period of time between these hearings is desirable. Indeed, giving victims a longer period of time in which to rebuild their lives and heal from their ordeals is a reasonable, measured change that we can offer them. When we studied the bill at committee and heard from victims who chose to attend hearings as a duty to honour the lives of the loved ones they had lost, this was one of the most critical changes in their minds.

The bill would also require the Parole Board to take a number of further steps to better accommodate victims and respond to their needs.

For example, it would require the Parole Board to provide victims and their families another means to observe hearings remotely if they have not been permitted to observe in person. Similarly, it would obligate the Parole Board to take into account any victim statements presented, especially when considering what conditions may be appropriate to ensure the safety of the victim. We know, because this government has listened to victims, that many wish to lend their voices in a more significant way during this process. These changes would allow this to happen.

Finally, it would obligate the Parole Board to provide more information to victims. This is important, because here again, we have heard from many victims that they want and need to be more informed about a number of issues that relate to the offender. With this bill, we would have an opportunity to allow for some of this information to be provided where it made sense to do so. For example, if a transcript of the parole hearing were available, it would be provided to the victim, barring third-party information and any portion of the hearing that was not open to observers. Similarly, upon the victim's request, it would also provide information within 14 days of the offender's release, where practical, about the date, location, and conditions of an offender's release on parole, statutory release, or temporary absence, but only when it was clear that there would be no negative effect on public safety.

Simply put, this bill would improve the parole process for the sake of victims, making it more compassionate and responsive. I am proud of our government's track record in supporting victims and their families as they navigate the criminal justice system. We are getting closer to where we need to be. We are a government of action. We have listened to victims and their families and to advocates. We have consulted directly with them and have made sure that their concerns are reflected in the legislation and measures we have introduced. We have listened, and we have acted through the federal victims strategy, through the Safe Streets and Communities Act, through the victims bill of rights act, and now through the fairness for victims act. This bill would help us continue on this path and take one more step toward a system that helps victims heal and rebuild.

I once again would like to thank the members opposite for their support, and I urge all other members in the House to support this important piece of legislation.

An Act to Bring Fairness for the Victims of Violent OffendersPrivate Members' Business

June 4th, 2014 / 6:10 p.m.


See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I rise today to speak in favour of Bill C-479 at third reading. As I said just a few minutes ago, we believe Bill C-479, as amended, contains important improvements in victims' rights.

Once again, I would like to thank the member for Ancaster—Dundas—Flamborough—Westdale for his efforts to bring this improvement to victims rights before the House and to third reading, where it now seems assured to pass.

There are many provisions in the bill which would be of clear benefit to victims. Indeed, some of these have already become a normal part of the practice in the corrections and parole system. However, we agree that it is a good idea to entrench these rights for victims by placing them in legislation.

These rights include: the right of victims or members of their family to be present at parole hearings; the right of victims to have their statements considered by the Parole Board of Canada in its decisions regarding offender release; expanding the manner in which victims' statements can be presented at parole hearings through the use of technology, among other things; and requiring that the communication of victims' information be considered by the board. In other words, the victims would have a right to see what the board has looked at, so they can understand how that decision has been made.

Also, they include making it obligatory to provide transcripts of parole hearings to victims and their families, and making it mandatory to inform victims when an offender is granted a temporary absence, or parole or is released at the end of their sentence.

These are all good things, but there is one area in which we remain disappointed. That is the unwillingness of the government to go further in a very important area. We were surprised to see the government reject an amendment from our side, which would have expanded victims' rights in a proposal that would have allowed victims to choose other means of observing parole hearings than appearing in person.

We believe victims have the right to observe parole hearings by video or teleconferencing if they so choose. Strangely, with the way things work right now, victims only have the right to observe those hearings by video or teleconference if Correctional Service of Canada has banned them from appearing in person.

It is a strange quirk in the rules. If victims have made threats or been disruptive and Correctional Service ofCanada says that they cannot attend the parole hearings, they are then allowed to attend by videoconference or teleconference. We believe this right should be extended to all victims.

There are many good reasons why any victim might not want to make use of the right to observe in person. Some victims would prefer not to be in the same room as the offender, whether out of fear or revulsion.

It would also allow those victims who would otherwise have to travel to attend a hearing. Perhaps an offender has been transferred across the country and a hearing is in British Columbia and the victims live in Ontario. If they could attend by video or teleconference, they would not incur travel costs and they would not have to take time off from work.

Hearings far from home have become a problem for many victims. Again, we believe that if we extended them the right to choose to attend by videoconference or teleconference, it would be an important improvement.

We remain concerned about one aspect of the bill, which is the provision that was just mentioned by the member for Ancaster—Dundas—Flamborough—Westdale in his answer to the question from the parliamentary secretary. This is the provision that would give the Parole Board the discretion to extend the interval between parole hearings for those convicted of very serious crimes.

We have no problem with this provision when it is applied to those serving life sentences. In fact, we proposed to amend the bill to do just that. However, there is a risk that lengthening the discretionary period between reviews for those serving shorter sentences may inadvertently remove incentives for offenders to participate in rehabilitation programs.

In other words, if offenders are told that their hearings have been put off for four years, what would their incentive be, when they are in the corrections institute, to enter into those rehabilitation programs?

Again, for those serving shorter sentences, it may inadvertently increase the number of people who leave custody without supervision upon their warrant expiry. In other words, if they are told that their hearings have been put off for three years and their warrants expire in three years and six months, they would have no incentive. They would not participate and they would get out without any of that very necessary rehabilitation.

How do we avoid that happening? Obviously, we support the bill, because we believe we could avoid that if there were a well-funded Parole Board. The Parole Board would be able to avoid these unintended consequences.

However, we have a Parole Board which is now suffering from restricted funding and so there will be the tendency for the Parole Board to be forced to extend the interval between paroles simply as a question of resources. It will have other things it has to do by law and therefore if the interval allowed, and we call it discretion, is longer, then it will inevitably become longer if it does not have adequate funding. As we have seen with the Conservatives in power, quite often we have underfunding of very important public services, and the Parole Board is one of those.

Finally, we remain concerned with process, and that is the process of making extensive changes to the Criminal Code of Canada and the Corrections and Conditional Release Act through multiple bills proceeding through different paths through Parliament on different timetables. The sheer volume of the changes that have been made by different bills often considered in different committees risk legal errors and omissions as well as unintended consequences. Some bills go to the justice committee, some go to the public safety committee where I sit.

For instance, in the case of Bill C-479, the public safety committee did not have the advantage of seeing the text of the government's victims bill of rights, Bill C-32, and now it will go to the justice committee where the members of the justice committee will not have the benefit of having heard the witnesses and the testimony that we had in the public safety committee on very closely related issues. Again, we think there is a potential problem by having multiple private members' bills as well as a government bill on victims' rights all going through the House of Commons with different paths and different timetables.

This piecemeal approach also means that sometimes important issues never end up in front of the House. What readily comes to mind is the question of how we address other needs of victims other than their needs in conjunction with the legal system.

Therefore, improving victims' rights with regard to the legal system is important. As I said, for that reason we have supported bills like Bill C-42 and the bill in front of us now. However, victims have other important needs like compensation for losses they may have suffered, financial help with time off work, counselling or help with other expenses necessary to get their lives back on track. Neither Bill C-479 nor Bill C-482 have tackled this question and Bill C-32, the victims bill of rights, suggests the answer can be found in simply expanding the rights of victims to restitution.

The problem that we on this side of the House see is that unfortunately very few victims will ever be able to recover anything through the restitution process because of the obvious fact that most offenders have few resources. This was a point that I tried to raise last night in the late night debate on the victims bill of rights. When I tried to put forward the need to discuss a better alternative, which has the potential to treat all victims fairly and equally, I was nearly shouted down in the House. It may have been the late hour that caused some of the rambunctious responses on the other side of the House, but it again illustrates the problem of doing these things piecemeal through the House of Commons.

What I wanted to put forward briefly was the idea that what we really needed was federal leadership on an adequate compensation plan for victims through criminal injuries compensation funds. The Conservatives try to slough this off, saying that it is a matter of provincial jurisdiction, yet one province, Newfoundland and Labrador, and all three territories, have no such program and in the other nine provinces the criminal injury compensation funds have very low caps on the amount of compensation available to individual victims. In some cases, this is as low as $5,000. If we think about it, $5,000 will not go very far in trying to cover things even like lost wages.

As I said before, no party in the House has a monopoly on a concern for victims, but we sometimes have different approaches to the problem. We have been supportive of these attempts to expand victims' rights through the legal system, but we believe there are other needs of victims that also need equal consideration. As well, we have argued all along that one of the most important things we in the House can do is adopt programs and ensure that corrections programs do not contribute to further victims in the future. A well-funded corrections system is an important part of not having further victims in the future.

Therefore, we are looking for a balance in our approach to public safety, where we can build safer communities through having punishment in place but also having adequate rehabilitation.

As my time draws to a close, let me conclude, once again, by stating the support of the New Democrats for strengthening victims' rights in the legal system. However, I would urge all members to consider the other important issue, the thing that victims also need, which is well-supported programs in order to help them put their lives back in order.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

May 30th, 2014 / 1:15 p.m.


See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, once again, I am pleased to rise as the NDP justice critic to address Bill C-587, introduced by the member for Okanagan—Shuswap.

He seized that opportunity when the member for Selkirk—Interlake, who initially introduced the bill, got promoted and could no longer present it. We congratulate him on his promotion. However, we need to revisit Bill C-587.

I am tempted to reread my improvised speech from the last time, because my view on this bill has not changed. It has some good points. Some might say the NDP should be satisfied, because it always calls for the continued exercise of judicial discretion, and that is in the bill.

Indeed, it is always a good idea to leave it up to the court to decide whether someone should be eligible for parole after 25 years, or only after 40 years. This judicial discretion is definitely an improvement on many other bills introduced by the Conservative government.

That said, one can read a bill and wonder whether it will achieve the goal stated by the member. During oral question period, the parliamentary secretary said that this legislation would greatly reassure victims. When we work on these issues, we always try to put the interests of the victims first.

However, because of the legal context, the laws that we rely on and the charters that we must abide by, we must ensure that our legislation will successfully meet the tough challenges that lie ahead.

The government should have learned some lessons from the recent decisions of the Supreme Court, including the one on the Senate, which it lost by a count of 8-0; the Summers decision on April 11 on pre-sentencing credit, which the government lost by 7-0; and the Khela decision on prisoner transfer, which it lost by a count of 8-0. I do not include the Nadon ruling, because no legal principle is involved in this case. Still, the government suffered a 6-1 defeat. It also lost 8-0 in the Whaling decision on early parole. Again, we ask the government to pay attention to existing laws.

When I rise in the House in my capacity as justice critic for the official opposition, I do not do so to irritate Canadians or my Conservative colleagues who are introducing bills. In fact, I have actually supported an impressive number of their bills. I have recommended that my caucus colleagues support certain government bills and even some private members' bills introduced by Conservative members.

In this case, the government would have victims believe that this bill will solve their problems. However, victims do not really have a problem with the sanctions. Let me make that clear right away: the problem with Bill C-587 does not have anything to do with the sentences per se.

Since we are talking about extremely serious crimes, such as abduction, sexual assault and murder, we are certainly not talking about minor offenders, such as people who rob convenience stores. We are talking about hardened criminals like Clifford Olson and Paul Bernardo. Everyone, including the victims, knows that these offenders are in jail for life. Is that clear enough? When they get a life sentence, that means they are in jail for life.

However, our legal system, our charter and our international conventions allow offenders to appear before the Parole Board of Canada.

The board will not free these people if they pose a risk. The public is not at risk just because an offender has been released. The problem—and the hon. member may be right about this— is that it is painful for families and victims to have to relive the unforgettable horror. Even if offenders cannot appear before the Parole Board for 40 years, victims will still be reliving the horror of their experience as though it happened yesterday. One does not just forget about these things overnight.

That being said, let us think about what would happen if the bill were to pass. The judge would ask the jury if it had any recommendations to make in the case of vicious murder.

I would just like to say, incidentally, that I am also concerned about the fact that these three crimes must all have been committed. A murder can be vicious even though the victim was not sexually assaulted or abducted. I think it is unfortunate that the focus is being placed on one type of offence when many other offences could easily fall into the same category.

Let us take the Bernardo case, for example, where the case was proven. I am talking about proving the case, but I would remind members that in the Bernardo case, they did not have to prove rape, kidnapping, or anything else. The murders themselves were enough to result in a life sentence. Under this bill, all three will have to be proven. I already see the impact that this will have on trials under way and on what the crown will have to prove. In my opinion, in an attempt to make life easier for families in terms of attending parole hearings, the member is unwittingly making things more difficult when they need not be.

None of this may happen because the judge could instead hand down a 25-year sentence. He may not feel comfortable with a longer sentence. We are already waiting for Supreme Court decisions to find out if sentences of more than 25 years—such as three consecutive sentences of 25 years, where the person is sentenced to 75 years in prison—are legal in our Canadian system under the Canadian Charter of Rights and Freedoms. There are still some Supreme Court decisions to come. The government may be surprised once again, and that will affect all these cases.

Let us imagine that the jury recommends to the judge that there be no parole for 40 years. That means that there will be an appeal and the parties will go to court. Will that be considered unusual punishment under the charter? There are some concerns about this.

I asked the member the question earlier because, in my opinion, this provision was not included in Bill C-478, which was introduced by our colleague from Selkirk—Interlake. Bill C-32, introduced by the government, does contain provisions to make life easier for victims.

There are ways to make sure that victims do not suffer as they would if they had to go back before the Parole Board. There are some who do not want to go to the hearings, but there are some who need to go, for the sake of their sanity, to say their peace before the board. I fully respect that. However, I believe it would have been better to do that with Bill C-32. Amendments of this magnitude to the Criminal Code should not be made with a private member's bill, but with a government bill, to ensure there is at least the impression of coherence with this country's fundamental laws.

That is not the case with a private member's bill, whether or not the member is a backbencher. There is no requirement in that regard.

I have serious concerns about this bill, which unfortunately will not do what it claims for victims. It really would be preferable to bring this forward with Bill C-32 and to drop Bill C-587.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

May 30th, 2014 / 1:10 p.m.


See context

Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, I apologize. I should have known that.

It would support that bill in the sense that it is just another step to recognizing victims' rights and to protecting victims from this type of pain, which they would have to endure, listening to parole hearing after parole hearing. It would complement the initiative by Bill C-32.

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

May 30th, 2014 / 1:10 p.m.


See context

Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, could the member pay reference to the bill that she was talking to, Bill C-32, please?

Respecting Families of Murdered and Brutalized Persons ActPrivate Members' Business

May 30th, 2014 / 1:10 p.m.


See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would like to thank the hon. member for his speech, and I would like to ask him a brief question. Now that Bill C-587 has been introduced, and now that the government has introduced Bill C-32, has the member discovered specifically how Bill C-32 could affect his bill, Bill C-587?

Tackling Contraband Tobacco ActGovernment Orders

May 30th, 2014 / 10:25 a.m.


See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-10. We supported it at second reading, but we had quite a number of concerns, particularly in terms of its compliance with the charter because it includes mandatory minimum penalties.

I am also concerned about the process that led to Bill C-10. The government did not consult the partners in the federation, namely the provinces, the territories and the first nations. We were therefore determined to carry out a thorough study in committee. That is what I hoped for.

The committee did a good job. It heard witnesses in various capacities talk about the scourge of contraband tobacco. I will have no trouble convincing everyone in the House that contraband tobacco is a scourge, period.

However, there might be a little hypocrisy around this issue in our society. Even as the government tries to control tobacco and fight contraband tobacco, it is raising taxes on tobacco and making a lot of money that way. That hypocrisy became entrenched over the years, and now it is complicating the issue. Add to that the ancestral rights of first nations peoples to manufacture tobacco, and the issue gets very murky.

The Standing Committee on Justice and Human Rights had some good meetings. It heard from excellent witnesses, including chiefs of first nations. I did not hear a single first nations chief express support for contraband tobacco to the committee. Nevertheless, the chiefs were very realistic. They insisted on protecting their traditional rights to produce and grow tobacco as they have done historically within their territory.

That being said, they are also aware that contraband tobacco, which is often part of organized crime activity on their land, has the lure of easy money for their young people. It is a vicious circle because there is a great deal of poverty on first nations lands that tends to get ignored, and then we are surprised when the black market takes hold there. This does not help first nations chiefs to provide their people on their land with something worthwhile.

I have already done so in person, but since we have the time, I would like to publicly thank my NDP colleagues who served with me on the Standing Committee on Justice and Human Rights and who may not get the chance to speak to the bill in the House. They did exceptional work. I particularly want to thank the NDP deputy justice critic, the hon. member for La Pointe-de-l'Île, the hon. member for Brome—Missisquoi and the hon. member for Beaches—East York. They contributed a lot to this file through their personal experience in their own part of the country.

What is more, we proposed an amendment. I am still sad that the government did not see fit to approve the amendment that we proposed to respect R. v. Gladue. That decision calls on the courts, when sentencing, to consider the extenuating circumstances of the accused when the accused is from the first nations, especially considering that there are mandatory minimum sentences. That is the requirement that resulted from that decision, but according to lawyers at Justice Canada, Bill C-10 will take precedence over R. v. Gladue. We will see whether there are more appeals. I suspect there will be.

If one of the people arrested is a first nations member, it is very possible that the defence will make use of some of the arguments in the Gladue ruling. I think it would be wise to say that this did not trump the facts in the Gladue case.

True to form, the Conservatives are so terrified of adopting any amendment other than their own, and I find that very unfortunate. They may be rapped on the knuckles once again, as they have been in the last four or five major Supreme Court decisions. I feel like a mother who says “I told you so”, and I am a little tired of that. That is how I have felt for the past three years.

The opposition members are trying to do their job. I listened to the prayer recited by the Speaker at the beginning of the sitting. He asked Parliament to make good laws. I believe that is what we are trying to do both in the House and in committees.

Suffice it to say that the amendment was rejected. The mandatory minimum sentences will apply to repeat offenders, where a high volume of contraband tobacco is involved, and so my concerns about the sentences have been allayed. I still have no guarantee that the bill complies with our charters because the government does not see to be too worried about that. When we weigh out the two issues, public protection and contraband tobacco, which affects our children, we realize that this is extremely important.

The NDP has always taken the problem of contraband tobacco in Canada seriously, and Bill C-10 has not changed that.

I am going to digress for a moment regarding Bill C-10. When it was introduced in the House, we were told it was an absolute emergency, but it has been around for a long time now. If memory serves me correctly, the bill passed second reading in November. It was then referred to the Standing Committee on Justice and Human Rights, where we worked very diligently and quickly. Throughout the month of December, until the adjournment, we worked on this legislation. As soon as we came back after Christmas, in early February, we proceeded to clause by clause. What is intriguing is that the bill then fell into oblivion. We never heard about it again. Then, this week, I noticed we were going to debate Bill C-10. There are many numbers in my head, such as C-10, C-32 dealing with prostitution, C-587,C-590 and others. All these bills seem to deal with justice.

When I saw my name tied to Bill C-10, I wondered what the bill was about. It reminded me of the good old days when I was pleading before the court. We would prepare a case and arrive in court with witnesses. Unfortunately, for some very serious reason, the other side would ask for a postponement. We had prepared the case and met with witnesses and we were more than ready. We would return to our office, back at square one, and tell ourselves that we would wait for the next time. However, we sometimes had to wait a year or a year and a half and start all over again. Clients would sometime wonder why we were billing new hours. The answer was that we had to refresh our memory.

This is the impression I get with Bill C-10. I had to review the whole file because, in the meantime, we had debated several other justice bills and a number of issues that are now in the annals of the House. The government does not have to tell us this is urgent. The Conservatives seem to move into high gear at two very specific times: during the week preceding the holiday season and during the last two or three weeks before the summer recess. During these periods, we are incredibly productive.

I almost wish we could change the calendar so that it could be June all year long. Canadians across the country would be amazed at our productivity.

This week in the House, we debated Motion No. 10, which supposedly seeks to increase our work hours. It seems we are not working enough, but if that is the case, I am not sure why I am tired. In any event, I was listening to some of my colleagues, and their argument was that we had passed only nine bills.

What is fascinating is that about 15 bills will likely be passed in two weeks. One has to wonder if that means that we are being more productive or less democratic because we will have less time to speak to these bills and fewer people will have the opportunity to speak on each topic. I think the answer is obvious.

Bill C-10 is a good example. It has been sitting on someone's desk since February when it could have been passed quickly the week after it came back from committee. There were no formal or serious objections that would have prevented the bill from passing. This bill could have been passed by now.

These are important points to raise. I would never let anybody tell me that we are not working hard on these issues because we take them very seriously. Sometimes, we rise to speak to a bill at second reading to raise some of our concerns. There is no denying that we are concerned about this bill.

I know that the National Coalition Against Contraband Tobacco is made up of many people who benefit from tobacco sales. I was not born yesterday, and I see where their interests lie. In their testimony, some police forces also told us that they will need resources. This is an extremely important message that came out of the committee's examination of Bill C-10.

The first nations have their own to-do list for their territory. We need to stop making cuts to first nation police services. If Bill C-10 gives the police new tools by adding an offence to the Criminal Code that existed only under the Excise Tax Act, then from now on all police forces can begin dealing with contraband tobacco. However, we have to give them the resources they need. We need police officers on the front lines.

Some witnesses also told us that contraband was increasingly coming from countries other than Canada, for example, China. This is an issue for border services, and this agency will need resources. All we ever hear about on the news and here in the House is successive budget cuts being made to border services. How do we expect this agency to combat the large-scale smuggling that organized crime groups are conducting through well-organized networks?

This is not just about tobacco; it is also about arms and drug smuggling. It is all connected. The government is always a bit hypocritical, since it introduces bills and claims to want to fix everything, but it does not provide tools for the people on the ground so that they can do their jobs properly. I find that worrisome. Nevertheless, all of the witnesses we heard from in committee made the facts clear, regardless of their reasons.

For example, I know that the Canadian Convenience Stores Association wants us to put an end to contraband tobacco. When contraband cigarettes are available, no one buys cigarettes at the convenience store. The association does not want to put an end to tobacco use; it wants to put an end to illegal competition in its industry. The association is right. We must stop being hypocritical. If we decide that tobacco is a legal industry in Canada, even though we know that it kills, these stores should be able to happily sell it and make money legally.

That is why I really liked the question my colleague from Abitibi—Témiscamingue asked the parliamentary secretary. She asked him if there were ways other than Bill C-10 to eliminate the scourge of tobacco. She and I both know that it is not easy to quit smoking. She can share her personal experience with that. In my case, I have been chewing Nicorette since 1999. People in the committee had quite a laugh when I told them that. In December, I was proud to tell them that I had quit Nicorette, but unfortunately I have to admit to everyone that I have started up again. It must be the Conservatives' fault I guess, because either I chew Nicorette or I get even more aggressive than usual. That is what I thought: everyone is eager to recommend that I chew Nicorette. That is what I do. Maybe I will stop one day. My point is that it is a constant battle.

We tell kids not to smoke, but tobacco companies attract them with all kinds of products. I know that is why I started smoking when I was young. It was cool. We thought we were so smart. Had I known how bloody hard it would be to quit 30 or 40 years later, maybe I would never have started. Young people know that now.

There are other ways, as my colleague from Abitibi—Témiscamingue said. There has to be a concerted public health effort, not just changes to the Criminal Code. There has to be a concerted effort to raise people's awareness that this product kills. That is what the warnings on cigarette packs say: this stuff kills, causes all sorts of problems and places a heavy burden on our health system. We have to do everything in our power to bring tobacco use rates down as quickly as possible.

We will tackle the issue of contraband tobacco immediately. I hope that it will help, but I am not convinced that it is the silver bullet or that it will solve every problem. I want to reiterate that for the Parliamentary Secretary to the Minister of Justice. This bill will come into force on a date to be fixed by order in council. That is better than when we are sometimes told that the bill will come into force within 30 days of the bill being passed, which means that it applies immediately. I feel that it is of the utmost importance that the government use the time before the bill comes into force to sit down and talk with the first nations that have a considerable number of issues with and concerns about the bill. It is not that they support contraband tobacco. However, as Gina Deer, Chief of the Mohawk Council of Kahnawake, said:

Bill C-10 proposes an infringement on our inherent aboriginal and treaty rights pertaining to the production, transportation, sale, and regulation of tobacco products.

If that is how Chief Deer perceives Bill C-10, a government representative needs to sit down with the chiefs to correct that perception. I think that the government's vision has to be explained, and first nations and the government need to discuss it as equals. The government did not have the decency to do that before it introduced the bill.

We are supporting this bill, even with its flaws. I am still waiting for the Conservatives to introduce a perfect bill. I do not think it is going to happen any time soon. That said, the committee did a fine job. I would like to thank my committee colleagues for their work, and I would also like to thank the witnesses who came to enlighten us on this subject, which is not always straightforward.

I appreciate the work being done by police, in particular. They do not have an easy job. As I said earlier, when we talk about contraband tobacco, the discussion often turns to other types of contraband or illegal activities such as organized crime and dangerous individuals. Police officers are putting their lives in danger every day. We must appreciate their work, but we also need to give them the tools and means to do their job. They have all been critical of that.

That also includes police forces in first nations territories, the aboriginal police who do this work and whose programs have been eliminated by the government. At some point you have to put your money where your mouth is. If the government wants to take action, it must provide the tools.

Bill C-10 is not very long and everyone should read it. For those who are worried about mandatory minimum sentences, they apply to repeat offenders and cases involving large quantities of contraband tobacco, as I was saying.

Business of the HouseGovernment Orders

May 29th, 2014 / 3:25 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, first let me start by acknowledging the support shown on Tuesday night for our motion to have the House work hard for all Canadians to ensure that we have a productive, hard-working, and orderly House of Commons. It was not just this side of the House that voted for this ambitious plan to let MPs reach decisions on many important issues, and I want to thank the Liberal Party for agreeing to join Conservatives in rolling up their sleeves this spring.

I know my hon. friend has a different definition of what our work is here in the House of Commons. He believes that our work here is to filibuster and fill every moment possible with as many speeches as possible to avoid decisions being made. I have encountered one or two Canadians who think the problem with politicians is too much talk and not enough action. Now we know where they get that impression.

On this side of the House, we are committed to action, we are committed to delivering results, and we are committed to decisions being made and to people participating in votes and making decisions on behalf of their constituents at home. That is why we need debates to also come to a conclusion so we can make those decisions and so we can have those votes.

Last night, for example, we had a great debate on Bill C-24, the strengthening Canadian citizenship act. That is our government taking steps to modernize the Citizenship Act for the first time in some 35 years. What is even better, we just had a vote and a decision. Every single member, not just a dozen or so who might have spoken for a few hours but every single member of this House, got to have a say on behalf of his or her constituents and got to make a decision and advance a bill through the legislation process. That is what it is really all about.

Earlier this week, on Tuesday morning—before we adopted the government's ambitious work plan—a number of New Democrats expressed their support for Bill C-17, Vanessa's law. However, they did not walk that talk.

The honourable member for Chambly—Borduas said, “we do recognize the urgency [of this matter]”. Nevertheless, seven other New Democrats then got up after him to block this bill from going to committee. Among them was their deputy leader who said, “I also hope that the bill will go to committee quickly...”.

I wish that the New Democrats listened to their deputy leader. It would be disappointing to think that the NDP might be using Vanessa's law as a political hostage by filibustering it as a means to avoid debating other bills.

I would not want to ascribe such cynical motives to the House leader of the official opposition, and I trust this is not a preview of how he wishes to approach the business of the House for the forthcoming three weeks, when Canadians actually expect us to accomplish things for them.

Looking forward to these three weeks to come, I am pleased to review the business the government will call in the coming days.

This afternoon, we will carry on with the second reading debate on Bill C-22, the energy safety and security act. Once that has concluded, we will take up Bill C-6, the prohibiting cluster munitions act, at report stage. If time permits, we will get back to third reading and passage of Bill C-3, the safeguarding Canada's seas and skies act.

Bill C-10, the tackling contraband tobacco act, will be considered tomorrow at report stage and hopefully at third reading as well.

After the weekend, we will consider Bill C-20, which would implement our free trade agreement with the Republic of Honduras, at report stage.

Following Monday's question period, we will consider Bill C-27, the veterans hiring act, at second reading. That will be followed by second reading of Bill C-26, the tougher penalties for child predators act.

On Tuesday morning, we will start second reading debate on Bill C-35, the justice for animals in service act. The hon. member for Richmond Hill spoke a couple of nights ago about this wonderful bill, Quanto's law, which will have a chance to be considered, thanks to having additional debate time in the House. Since I cannot imagine New Democrats opposing this bill, the only question is how many speeches will they give supporting it, and of course, how will giving more speeches make this bill become law sooner.

Following question period, we will resume debate on Bill C-20, on Canada-Honduras free trade, as well as Bill C-17, the protecting Canadians from unsafe drugs act, which I discussed earlier, Bill C-32, the victims bill of rights act, and Bill C-18, the agricultural growth act.

On Wednesday, we will start the second reading debate on Bill C-21, Red Tape Reduction Act. After private members' hour, we will begin report stage of Bill C-31, Economic Action Plan 2014 Act, No. 1, which underwent clause-by-clause study at the Standing Committee on Finance this week.

A week from today, on Thursday next, we will continue debating our budget implementation bill. Ideally, I would also like to see us finish third reading of the bill on the free trade agreement between Canada and the Republic of the Honduras that day.

Finally, any remaining time available to us that evening will be spent on the bills on which the NDP will be able to offer more, remarkably similar speeches confirming, time after time, their support. Although I appreciate their supportive attitude towards many parts of our government's legislative agenda, it would be great if they would let all members of Parliament have their say, in an ultimate expression of democracy and to help us move from mere words to actual deeds, so that all of us can tell our constituents that we have actually accomplished something on their behalf.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 7:50 p.m.


See context

Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, that impassioned speech just proves to everyone what a great member of Parliament the member for Richmond Hill is and how passionately he feels about all this legislation before the House. He made a very good case for the strengthening Canadian citizenship act, showing why that is so important for the people of Canada and why we need to get that measure passed soon.

The member also mentioned Quanto's law, the justice for animals in service act that he was instrumental in bringing forward, and we all need to commend him for that.

I wonder if the member could tell us about some of the other important criminal justice legislation that is before this House today, such as Bill C-26, the tougher penalties for child predators act, and Bill C-32, the victims bill of rights act, which we hope to debate later this evening.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 5:25 p.m.


See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I will give a few very interesting examples. I talked about Bill C-32 earlier. The last time we studied it was on April 9. Three people spoke to this bill, which the government claims is fundamental and extremely important.

I cannot wait to see which of these bills will get more time than the others. Obviously it will be their pet projects, the ones they can get a lot of mileage out of.

There are other bills that we have not seen since January, such as Bill C-2. Three people spoke to Bill C-3 on May 8. No one has spoken to Bill C-6 yet. Three people spoke to Bill C-8 and no one has spoken to Bill C-10. However, they were approved in committee a very long time ago.

If the government believed in the fight against contraband tobacco, the bill would have been sent back to the House as soon as it left the committee. Since the bill was approved in committee, it could have been passed quickly by the House. We are going to have to pass it at the same time as a bunch of other bills.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 5 p.m.


See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, what an odd debate. I listened with interest to the speech by the hon. member for Burlington. He is the chair of the committee and I am the vice-chair.

I found some of his statements peculiar. The fundamental problem with the motion presently before the House is not the fact of staying until midnight. The NDP team has a reputation for hard work. Anyone who wants to entertain themselves by visiting my Facebook page would see that the people of Gatineau are actually advising me to slow down because they are worried about my health. Perhaps they are right, considering the flu I have at the moment. We in the NDP work very hard. A number of bills, for example, are before the Standing Committee on Justice and Human Rights, so that they can be debated in the House or in committee. It is not the work we are afraid of.

The cat is out of the bag. There are issues that our Conservative friends want to talk about, and they want to speak about them at length. Had I been asked, I would have said—before they even rose to speak—that I expected to see a great many Conservatives rise to speak in the House about Bill C-32. Why? Because it is an opportunity for the Conservatives to give Canadians the impression that they have been dealing with this issue—and this issue alone—for weeks, months and even years. They are the ones who stand up for victims. We are all deadbeats and have washed our hands of the problem. That is not true, though. Now, when workers’ rights were at stake, the Conservatives wanted to cut debate short.

The member said that nine bills had been passed and that he is embarrassed to return to Burlington. What I would say to him is that he is absolutely right to be embarrassed; the Conservatives did nothing with their majority aside from getting nine bills passed, and they had to resort to time allocation motions to ram the bills through. There is something not quite right with this government. The Conservatives are averse to debate. They do not like hearing opinions that do not coincide with their own. When the Conservatives too often hear something they disagree with, a red light suddenly goes on. We have had to debate many a time allocation motion. I do not know how many times I have taken part in debates in the House or how many speeches I have made expressing my dissatisfaction with the fact that we have been stripped of our right to speak.

The Conservatives made mention of Bill C-13. I am fortunate to be the NDP justice critic and to have had the opportunity to voice my opinion regarding this omnibus bill, right after the minister spoke. This is no small bill; on the contrary, it is approximately 50 pages long and has an impact on numerous other pieces of legislation. It does address the issue of cyberbullying, as the government likes to point out, but it goes much farther, so far that the committee is being flooded with requests for meetings. We hear all manner of experts warning us to be careful. That is what is missing in the House.

The Senate is referred to as a chamber of sober second thought, but we were not elected to this place in order to abdicate our duty to think. Members have a responsibility to be present in the House to voice and stand up for the opinions of their constituents. Canadians expect us to go about our work in an intelligent and thoughtful manner, to take the time to properly analyze bills. I am in favour of debating this bill in the House and referring it to committee for further consideration. More often than not, bills are analyzed at lightening speed.

The Conservatives will say that the House was given an opportunity to debate Bill C-13, the bill on cyberbullying, and thank God, especially given the time allocation motion that was foisted upon us so as to ram the bill through to committee.

Suddenly, things became urgent. Why urgent after the death of Rehtaeh Parsons, and yet not after the death of Amanda Todd? That was a question a witness asked us. The notion that the government would somehow need to act urgently does not really cut it with me; these things are more politically driven than they are concrete. It is a bit worrisome.

Bill C-13 is large and contains a number of disturbing provisions. When considered alongside the remarks made by the Conservative committee members, it leads me to believe that the Conservatives will not be very receptive to the many amendments proposed by expert witnesses. If past events are any indication, I am not very optimistic. Still, I am an optimistic woman by nature.

In light of this, I have trouble believing it when the government tells us, hand on heart, that its goal is to work harder. Working harder, for a Conservative, does not necessarily mean working more effectively and harder. It simply means that members end up working until midnight in order to discuss all the bills before the House, including those bills that have not been studied for an eternity.

For example, there is Bill C-2 on safe injection sites; Bill C-3 on marine transportation; Bill C-6, which implements the Convention on Cluster Munitions; Bill C-8 on counterfeit products; and Bill C-10 on contraband tobacco, which we finished studying in committee such a long time ago that I will have to reread all my material. Indeed, since then, we have studied so many other topics that I have almost had enough time to forget all about it. We will resume studying this bill at report stage. We could have covered it a long time ago. I have been waiting for some time for this stage to be completed in the House. Everything will have to be done over. It is a colossal waste of time for everyone concerned. There is also Bill C-11 on the hiring of injured veterans. If there is a category of people in our society who have huge needs, it certainly is our veterans.

Suddenly, the Conservatives are going to try and push all this through at once. The member for Burlington has done the math when it comes to the number of hours, and the government is going to try and give us a few hours for each bill. Then the government turns around and calls itself a champion of hard work. Well done, champion.

There is also Bill C-17, Vanessa’s law, about drug safety, an extremely important bill that must be debated; Bill C-18, concerning farm regulations; and Bill C-20, concerning the Canada-Honduras agreement, which is at report stage. I no longer even remember when I gave my last speech on that subject. It has already been a heck of a long time. The Conservatives have been in no rush, but all of a sudden, they are in a rush.

We will examine Bill C-21, concerning red tape for small businesses. The junior Minister of Tourism is travelling all over Canada to talk about the importance of eliminating red tape everywhere, while this bill is stuck in some office or other. It could have been debated a long time ago.

There is Bill C-22, concerning oil, gas and nuclear liability, and Bill C-24, concerning the Citizenship Act. These are bills that are announced to us with great fanfare at big press conferences, but then they stagnate and we do not see them again.

There is Bill C-26, about sexual predators. I expected that one would move quickly, because the Conservatives told us we had to work on this issue quickly. There is also Bill C-27, about hiring veterans in the public service. It is extremely important, I repeat, because it concerns a category of people in our society who have needs that are just as important.

Then there is Bill C-32, about the victims bill of rights. I think it is the reason why this government’s Motion No. 10 has no credibility at all. For a full year, I was treated to one press conference after another. If it was not the Prime Minister, it was the Minister of Justice with his senator from the other side. They told us they were going to work very hard, listen, set up panels and do everything we could wish for, and then they brought forth a charter that was denounced by many people, starting with victims, because they expected a lot more. That may be why the Conservatives kept their charter hidden for some time.

Apart from the minister, one Liberal and myself, no one has yet spoken on this subject. I am going to make a wager with my colleagues in the House. I expect there will be a time allocation motion on this. The Conservatives are going to rend their garments and plead that it is urgent, that it is extremely important and that it must be passed immediately, or the opposite will happen, because they will want to talk to us about it for hours on end. It becomes part of their narrative.

Every Conservative member wants to go back to their riding and have their householder and the excerpt from their speech in the House, which they made to show that they are protecting victims’ rights.

In the NDP, we want to talk about important issues and show that we could do even better than Bill C-32, specifically by amending it. We want to talk about the proposals made by the federal ombudsman for victims of crime. In fact, Bill C-32 does not contain a large percentage of her recommendations. A balance has to be struck. For every Conservative who speaks, the New Democrats will also speak.

When we want to talk about something, it is not important. That is the message we constantly get in the House, and, perhaps because we are approaching the end of the session, it is becoming extremely annoying, to put it mildly and stay within the bounds of parliamentary language.

It is appalling to see that people who are elected to represent the residents of their riding are silenced as often as we are by this government. We get told they are not interested. I have also heard the member for Burlington say—and I am going to talk to him about it again, in fact, at the Standing Committee on Justice and Human Rights—that sometimes we just need to go and read because members all read pretty much the same thing.

If the people of Gatineau think the same thing as the people of Laval, I think it is important that this be pointed out. Who has more right than whom to speak in the House on a particular bill? There is something indecent about wanting to constantly silence people.

Sometimes, I tell the members opposite that they should stop imposing time allocation motions and motions to get things done, as they like to say. I very much liked the expression my colleague used yesterday, when he talked about motions that are “a licence for laziness”.

This is unpleasant. If they had taken the time spent on debating those motions and instead used the time to finish the debate on the bill that they were trying to stop from being debated, we would probably have finished. The fact is that not all members in the NDP caucus or the Liberal Party or the Green Party or whatever colour you like necessarily wish to speak.

However, if the government limits the speaking time of a single member who wishes to speak, we cannot claim to be living in a democratic system. That is what is known as the tyranny of the majority. I believe we have to stand up against that, loud and clear. Every time that happens here, we are going to speak out against it, in every way possible.

We are told that we could perhaps go faster. I listened to the Minister of Foreign Affairs say that, and what he said made sense, in some respects. The way that Manitoba and the NDP government operate makes sense. Those consensus-based approaches make sense.

Quebec managed to pass a bill on a very sensitive issue, end-of-life care, with the agreement of all parties. There was an election, and the members all agreed to reinstate the bill once the election was over. That is being discussed.

The problem here is that the people on the Conservative benches are not talking to the opposition parties. All they talk about is strategies. We keep wondering who is going to pull a fast one on us. They use roundabout tactics such as counting how many MPs are in the House, catching them off guard, and forcing a party leader to go testify before a committee. This is unprecedented—and they say they are democratic.

Then the Conservatives get all offended when we say that Motion No. 10 is total nonsense. This is not about giving us more time. This is about taking all of the bills—there are more on the agenda than have already been passed, and that took much longer than the amount of time we have between now and June 20—and making us think they are giving us more time. They are not giving us a thing. I do not believe in Conservative gifts, and nobody in Canada should believe in any Conservative gift whatsoever.

The truth is that the Conservatives are going to shove their agenda down our throats because they could not get through it in a mature, parliamentary, by-the-rules way. They could have said that the House leaders would discuss it and try to see if some of the bills were more palatable or if we could agree to pass some of them more quickly. Then the real committee work could have started.

It is true, for Bill C-13, we had a lot of witnesses. However, I am not yet ready to give a seal of approval to the government in power, indicating that the bill has been studied in depth, because we still have the entire amendment stage. I believe that what the other side wants to accept is under so much remote control that the committee is not really doing the work. Instead, the higher-ups are dictating to our colleagues opposite what they have to do, while at the Standing Committee on Justice and Human Rights, we are trying to bring out the best in the bill.

I have not even mentioned the upcoming Bill C-35, dealing with service animals. Bill S-2 deals with statutory instruments and may not seem like much. However, it is a very significant bill that is going to change an entire way of doing things in terms of regulations. We know that regulations have an impact on the everyday lives of our fellow Canadians in all kinds of areas: the environment, transportation, health and what have you. This is a real concern. I bet that we will analyze it very quickly. That concerns me.

The fact that we are extending our hours until midnight does not encourage any belief on my part that we will be having constructive debates followed by more productive work in committee. That is why the Conservatives have this problem with credibility. We are not the only ones saying so. When their measures are challenged in court, the Conservatives get slammed.

I will take a deep breath and take a little time to say that perhaps we should review our way of doing things. Our friends in the House may not know this, but the bill on prostitution may well be coming our way next week. We hear whispering in the corridors that the government wants the bill passed. It is huge, though, since it comes as a response to a Supreme Court of Canada decision. Everyone in the House knows that passing the bill will not be easy because there are people on all sides of that issue. I would bet that we are going to have just a few hours of debate before they pitch it—to put it very nicely—to the Standing Committee on Justice and Human Rights. We can expect a hot and heavy summer on that one.

Extending the sitting hours until midnight just to work harder is one more tactic that is just like their time allocation motions, closure motions and any other kind of motion they can think of. It is part of the Conservatives' bag of undemocratic tricks. They will force these tricks on the House, but not on themselves, as ministers. Based on how the motion is written, I think it will be quite humourous. It will be interesting to see how many of them will be here in the House to happily participate in the debates on all the topics I mentioned, instead of at a cocktail party. That is why it is extremely important that we amend this motion.

Seconded by the hon. member for LaSalle—Émard, I move:

That the motion be amended by deleting all the words after the word “place” and substituting the following:

(b) when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2), but not including any division in relation to the Business of Supply, Private Members’ Business, or arising as a consequence of an order made pursuant to Standing Order 57,

(i) before 5:30 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the time immediately before the time provided for Private Members’ Business at that day’s sitting,

(ii) after 5:30 p.m. on a Monday, Tuesday or Wednesday, it shall stand deferred until the time immediately before the time provided for Private Members’ Business at the next day’s sitting,

(iii) after 5:30 p.m. on a Thursday, or at any time on a Friday, it shall stand deferred until 6:30 p.m. on the following Monday.

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 5 p.m.


See context

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I thank the minister for his question and the work he is doing as foreign affairs minister. He is doing a fantastic job.

The point the minister is making happened today, and I want to use today as the example. In my speech, I talked about Vanessa's law. During the question and answer period, even my friends in the Liberal Party asked the New Democratic speakers why they were not letting this go to a vote. They asked, if the New Democrats were supporting it going to committee, why were they not voting on it. They debated it until question period, and that stopped debate. We could have had that done hours before question period.

The next bill to be called was going to be Bill C-32, the victims bill of rights act, one that requires, in my view, a lot of discussion in the House, because we would be making a fundamentally different change in the Criminal Code and in the protection of victims in the criminal justice system. It requires a lot of discussion, and I believe there are a lot of members of Parliament who would like to speak to different parts of that bill. It is a significant bill and deserves that kind of attention, but no, we spent hours and hours on the bill for Vanessa's law, which is very important but agreed to by all sides. That is what is wrong with the system. That is why we are forced to have extended hours: to give members an opportunity to debate.

If we did things more efficiently and effectively around here, we would not need the types of motion we are seeing in front of us today.

Extension of Sitting HoursGovernment Orders

May 26th, 2014 / 12:15 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 20, 2014:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12 midnight, except that it shall be 10 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (d), when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2), but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of oral questions at that day’s sitting, or (ii) after 2 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of oral questions at the next sitting day that is not a Friday;

(c) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1);

(d) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is demanded, the said division is deemed to have been deferred until the conclusion of oral questions on the same Wednesday;

(e) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of oral questions on the same Wednesday;

(f) a recorded division demanded in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(g) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(h) no dilatory motion may be proposed, except by a Minister of the Crown, after 6:30 p.m.; and

(i) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the twentieth sitting day after the interruption.

Mr. Speaker, I am pleased to rise to speak to the government's motion proposing that we work a little bit of overtime over the next few weeks in the House.

I have the pleasure of serving in my fourth year as the government House leader during the 41st Parliament. That is, of course, on top of another 22 months during a previous Parliament, though some days it feels like I am just getting started since our government continues to implement an ambitious agenda that focuses on the priorities of Canadians. We still have much to do, and that is the basis for Motion No. 10, which we are debating today. Regardless of what other theories that folks might come up with, our objective is simple: to deliver results for Canadians, results on things Canadians want to see from their government.

As government House leader, I have worked to have the House operate in a productive, orderly, and hard-working fashion. Canadians expect their members of Parliament to work hard and get things done on their behalf. We agree, and that is exactly what has happened here in the House of Commons. However, do not take my word for it. Let us look at the facts.

In the previous session of the 41st Parliament, 61 government bills received royal assent and are now law. In 2013 alone, which was a shorter parliamentary year than normal, the government had a record-breaking year with 40 bills becoming law, more than any other calendar year since we took office, breaking our previous record of 37 new laws in 2007 when I also had the honour to be the leader of the House. That is the record of a hard-working, orderly, and productive Parliament. With more than a year left in this Parliament, the House has accomplished so much already, handing many bills over to the Senate for the final steps in the legislative process.

Just as we had a record year for legislative output, Canadian grain farmers experienced a bumper crop with a record yield in 2013. Understanding the real challenges faced by grain farmers, our government acted quickly on Bill C-30, the fair rail for grain farmers act, moving the bill through three readings and a committee study before handing it over to the Senate. This bill would support economic growth by ensuring that grain is able to get to market quickly and efficiently. The House also passed Bill C-23, the fair elections act, which would ensure that everyday citizens are in charge of democracy, ensuring the integrity of our electoral system and putting rule breakers out of business.

Two supply bills received royal assent, thereby ensuring that the government has the money it needs to continue providing services to the people.

When we passed Bill C-25, the Qalipu Mi'kmaq First Nation Act, we fulfilled our promise to protect the Qalipu Mi'kmaq First Nation's enrolment process, making it fair and equitable while ensuring that only eligible individuals will be granted membership.

Earlier this spring, royal assent was also given to Bill C-16, the Sioux Valley Dakota Nation Governance Act, making the Sioux Valley Dakota Nation the first self-governing nation on the prairies and the 34th aboriginal community in Canada to achieve self-governance.

Next on the agenda is Bill C-34, the Tla'amin Final Agreement Act, which will implement the agreement with the Tla'amin Nation. Bill C-34 will give the Tla'amin increased control over their own affairs. They will have ownership of their land and resources and will be able to create new investment opportunities and make decisions determining their economic future.

We considered and passed through all stages of Bill C-5, the Offshore Health and Safety Act, which will enhance safety standards for workers in Canada’s Atlantic offshore oil and gas industry to protect Canadians and the environment while supporting jobs and growth.

Bill C-14, the Not Criminally Responsible Reform Act, became law just a few weeks ago. This act will ensure that public safety should be the paramount consideration in the decision-making process involving high-risk accused found not criminally responsible on account of mental disorder.

Also, this spring, our government passed Bill C-15, the Northwest Territories Devolution Act, which honoured our government's commitment to giving northerners greater control over their resources and decision-making and completing devolution all before the agreed-upon implementation date of April 1, as well as Bill C-9, the First Nations Elections Act, which supports the Government of Canada's commitment to provide all Canadians with strong, accountable, and transparent government. Bill C-9 provides a robust election framework, improves the capacity of first nations to select leadership, build prosperous communities, and improve economic development in their communities.

However, despite these many accomplishments, there is more work to be done yet before we return to our constituencies for the summer, let alone before we seek the privilege of representing our constituents in the 42nd Parliament.

During this mandate, our government's top priority has been jobs, economic growth and long-term prosperity.

It is worth saying that again. During this mandate, our government's top priority has been jobs, economic growth, and long-term prosperity. That continues. Through three years and four budgets since the 2012 budget, we have passed initiatives that have helped create hundreds of thousands of jobs for Canadians, as part of the one million net new jobs since the global economic downturn. We have achieved this record while also ensuring that Canada's debt burden is the lowest in the G7 and we are on track to balance the budget in 2015.

As part of our efforts to build on this strong track record, our government has put forward this motion today. Motion No. 10 is simple. It is straightforward. It would extend the hours of the House to sit from Monday through Thursday. Instead of finishing the day around 6:30 p.m. or 7 p.m., the House would, instead, sit until midnight. This would give us an additional 20 hours each week to debate important bills. Of course, the hours on Friday would not change.

Extended sitting hours is something that happens practically every June. Our government just wants to roll up its sleeves and work a little harder a bit earlier this year.

Productivity is not just a function of time invested, but also of efficiency. To that end, our motion would allow most votes to be deferred, automatically, until the end of question period to allow for all hon. members' schedules to be a bit more orderly.

Last year, we saw the New Democrats profess to be willing to work hard. Then, mere hours later, after the sun would go down and people were not watching, what would the NDP do? It would suggest we pack it in early and move adjournment, without any accomplishment to show for it.

In order to keep our focus on delivering results and not gamesmanship, we are suggesting that we use our extra evening hours to get something done, not to play idle, unproductive games. We are interested in working hard and being productive, and doing so in an orderly fashion. That is the extent of what Motion No. 10 would do. Members on this side of the House are willing to work a few extra hours to deliver real results for Canadians. What results are we seeking? Bills on which we want to see progress, that are of great significance to Canadians, are worth spending a little extra time to see them considered and, ideally, passed.

Of course, we have the important matter of passing Bill C-31, Economic Action Plan 2014, No. 1. This bill implements our government’s budget—a low-tax plan for jobs, growth and a stronger Canadian economy. It is also an essential tool in placing the government on track to balanced budgets, starting in 2015.

We have a number of bills that continue to build on the work we have done in support of victims of crime. Bill C-13, the Protecting Canadians from Online Crime Act, is another essential piece of legislation that will crack down on cyberbullies and online threats by giving law enforcement officials the tools necessary to investigate and tackle these crimes. We are taking clear action to combat cyberbullying and I ask the opposition to join us in this pursuit.

Every day in Canada, our most vulnerable—our children—are the victims of sexual abuse. This is truly unacceptable and as a society we must do our part to better protect our youth. With Bill C-26, the Tougher Penalties for Child Predators Act, we are doing our part.

Our government's comprehensive legislation will better protect children from a range of sexual offences, including child pornography, while making our streets and communities safer by cracking down on the predators who hurt, abuse, and exploit our children.

Therefore, I ask the opposition to work with us, support this important piece of legislation by supporting this motion.

It is also important that we move forward with one of the most recent additions to our roster of other tackling crime legislation. Last month, we introduced Bill C-32, the victims bill of rights act, which will give victims of crime a more efficient and more effective voice in the criminal justice system. It seeks to create clear statutory rights at the federal level for victims of crime, for the first time in Canada's history. The legislation would establish rights to information, protection, participation, and restitution, and ensure a complaint process is in place for breaches of those rights on the part of victims. It would protect victims, and help to rebalance the justice system to give victims their rightful place. I hope we can debate this bill tomorrow night. By passing Motion No. 10, we will make that possible.

Our efforts to protect families and communities also extend to keeping contraband tobacco off our streets, so that the cheap baggies of illegal cigarettes do not lure children into the dangers of smoking. Bill C-10, the tackling contraband tobacco act, would combat this by establishing mandatory jail time for repeat offenders trafficking in contraband. Aside from protecting Canadian children from the health hazards of smoking, it will also address the more general problems with trafficking and contraband tobacco propelled by organized crime roots. With luck, I hope we can pass this bill on Friday.

Just before the constituency week, the Prime Minister announced Quanto's law. Bill C-35, the justice for animals in service act, would pose stiffer penalties on anyone who kills or injures a law enforcement, military, or service animal. I know that the hon. member for Richmond Hill, having previously introduced a private member's bill on the subject, will be keen to see the extra time used to debate and pass this bill at second reading before we head back to our constituencies.

Bill C-12, the drug-free prisons act, could also have a chance for some debate time if we pass Motion No. 10. This particular bill will tackle drug use and trade in the federal penitentiaries to make the correctional system a safer place, particularly for staff, but also for inmates, while also increasing the potential for success and rehabilitation of those inmates. As a former public safety minister, I can say that this is indeed an important initiative.

Delivering these results for Canadians is worth working a few extra hours each week. Our clear and steady focus on the strength of our Canadian economy does not simply apply to our budgets. We will also work hard next week to bring the Canada-Honduras free trade agreement into law. Bill C-20, the Canada-Honduras economic growth and prosperity act, would enhance provisions on cross-border trading services, investment, and government procurement between our two countries. It would also immediately benefit key sectors in the Canadian economy, by providing enhanced market access for beef, pork, potato products, vegetable oils, and grain products.

As a former trade minister, I can say first-hand that this government understands that trade and investment are the twin engines of the global economy that lead to more growth, the creation of good jobs, and greater prosperity. Trade is particularly important for a country like Canada, one that is relatively small yet stands tall in terms of its relationship and ability to export and trade with the rest of the world. If we are to enjoy that prosperity in the future, it is only through expanding free trade and seizing those opportunities that we can look forward to that kind of long-term prosperity.

Through Bill C-18, the agricultural growth act, we are providing further support to Canada's agriculture producers. This bill would modernize nine statues that regulate Canada's agriculture sector to bring them in line with modern science and technology, innovation, and international practices within the agriculture industry. The act will strengthen and safeguard Canada's agriculture sector by providing farmers with greater access to new crop varieties, enhancing both trade opportunities and the safety of agriculture products, and contributing to Canada's overall economic growth.

As the House knows, our government has made the interests of farmers a very important priority. We recognize that since Canada was born, our farmers in our agriculture sector have been key to Canada's economic success. As a result, Bill C-18 will be debated this afternoon. It would be nice to have the bill passed at second reading before the summer, so that the agriculture committee can harvest stakeholder opinion this autumn.

Over the next few weeks, with the co-operation and support of the opposition parties, we will hopefully work to make progress on other important initiatives.

My good friend, the President of the Treasury Board, will be happy to know that these extra hours would mean that I can find some time to debate Bill C-21, the red tape reduction act. This important bill should not be underestimated. It would enshrine into law our government's one-for-one rule, a successful system-wide control on regulatory red tape that affects Canadian employers. Treasury Board already takes seriously the practice of opining that rule, but we want to heighten its importance and ensure that it is binding on governments in the future. We want to ensure that Canadians do not face unreasonable red tape when they are simply trying to make a better living for themselves, and creating jobs and economic growth in their communities.

Another important government initiative sets out to strengthen the value of Canadian citizenship. For the first time in more than 35 years, our government is taking action to update the Citizenship Act. Through Bill C-24, the strengthening Canadian Citizenship Act, we are proposing stronger rules around access to Canadian citizenship to underline its true value and ensure that new Canadians are better prepared for full participation in Canadian life. This legislation will be called for debate on Wednesday.

The health and safety of Canadians is something that our government believes is worthy of some extra time and further hard work in the House of Commons.

Tomorrow evening, we will debate Bill C-17, the protecting Canadians from unsafe drugs act. Under Vanessa's law, as we have called it, we are proposing steps to protect Canadian families and children from unsafe medicines. Among other actions, the bill would enable the government to recall unsafe drugs, require stronger surveillance, provide the courts with discretion to impose stronger fines if violations were intentionally caused, and compel drug companies to do further testing on a product. In general, the bill would make sure that the interests of individual Canadians are looked out for and become a major priority when it comes to dealing with new medications and drugs.

Bill C-22, the energy safety and security act, would modernize safety and security for Canada's offshore and nuclear energy industries, thereby ensuring a world-class regulatory system, and strengthening safety and environmental protections. This legislation, at second reading, will be debated on Thursday.

Bill C-3, the safeguarding Canada's seas and skies act, could pass at third reading under the extended hours, so that we can secure these important updates and improvements to transportation law in Canada.

We could also pass the prohibiting cluster munitions act. As the Minister of Foreign Affairs explained at committee, the Government of Canada is committed to ridding the world of cluster munitions. Bill C-6 is an important step in that direction, but it is just the beginning of our work. Extending the relevant elements of the Oslo Convention into domestic law would allow Canada to join the growing list of countries that share that same goal. I hope members of all parties will support us in this worthy objective.

By supporting today's motion, the opposition would also be showing support for Canada's veterans. The extra hours would allow us to make progress on Bill C-27, the veterans hiring act. The measures included in this legislation would create new opportunities for men and women who have served their country to continue working for Canadians through the federal public service. As a nation, we have a responsibility to ensure that veterans have access to a broad range of programs and services to help them achieve new success after their time in uniform is complete. This initiative would do exactly that.

Of course, a quick reading of today's order paper would show that there are still more bills before the House of Commons for consideration and passage. I could go on and on, literally, since I have unlimited time to speak this afternoon, but I will not. Suffice it to say that we have a bold, ambitious, and important legislative agenda to implement. All of these measures are important, and they will improve the lives of Canadians. Each merits consideration and hard work on our part. Canadians expect each one of us to come to Ottawa to work hard, to vote on bills, to make decisions, and to get things done on their behalf.

I hope that opposition parties will be willing to support this reasonable plan and let it come to a vote. I am sure that members opposite would not be interested in going back to their constituents to say that they voted against working a little overtime before the House rises for the summer.

I commend this motion to the House and encourage all hon. members to vote for adding a few hours to our day to continue the work of our productive, orderly, and hard-working Parliament, and deliver real results for Canadians.

Business of the HouseOral Questions

May 15th, 2014 / 3:10 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, let me start by sharing a couple of sentiments with my friend.

First, on this side of the House—speaking for myself at least, and many others, including the Prime Minister—we congratulate the Montreal Canadiens on their success and wish them all the best in the next round, where I am optimistic Canadians will have much to look forward to.

Second, I have to agree with the member about the fact that what we saw today was a preview of what we would see if the NDP were ever to win government. We saw a grilling where the highlight was the question of NDP corruption and abuse of taxpayers' dollars. That is what we could expect to see if the NDP were ever to become government, and because Canadians know that, we will never have to fear it happening.

That abuse of taxpayers' funds goes beyond the question of breaking rules and not following rules. It goes to the whole NDP philosophy that taxpayers' money is there for them, they should get more of it, and they should spend it in every way possible. That is what the NDP is all about.

We in the Conservative Party, on the other hand, have an approach that is focused on a productive, hard-working, and orderly Parliament that respects taxpayers' dollars. As a result, we will continue with our agenda.

I will note the highlight today from the NDP. The NDP was defending itself on charges of improper spending and improperly using taxpayers' dollars for partisan activity. The member did not point out that the NDP's positive agenda was what they were proposing today in the House of Commons on one of the rare days when NDP members actually get to put forward their own policy proposals. It is funny how he says, “That is not the highlight”. I agree with him, because when they do get in power, they will have very little to advocate for.

That said, we on this side do follow the rules, and the rules require that we continue with the NDP opposition day motion for the balance of the day.

Tomorrow we will start the second reading debate of Bill C-27, the veterans hiring act, before we return to our constituencies for a week.

Upon our return we will roll up our sleeves and work hard for Canadians in the final sittings until the summer.

On Monday, May 26, we will consider Bill C-18, which is the agricultural growth act.

On Tuesday, May 27, we will resume the second reading debate on Vanessa's law, Bill C-17, the protecting Canadians from unsafe drugs act.

That will be followed by Bill C-32, the victims bill of rights act at second reading.

The next day will see us continue our productive, hard-working, and orderly agenda by returning to the second reading debate on Bill C-24, the strengthening Canadian Citizenship act. As hon. members might recall, the New Democrats proposed a second reading amendment to block the passage of this important bill.

On Thursday, May 29, we will continue the second reading debate on Bill C-22, the Energy Safety and Security Act. After that debate concludes, we will consider Bill C-6, the Prohibiting Cluster Munitions Act, at report stage. Finally, we will consider Bill C-10, the Tackling Contraband Tobacco Act, at report stage and third reading on Friday, May 30.

As you can see, Mr. Speaker, we still have a lot of work ahead of us this spring.

Motions in AmendmentPublic Safety and National SecurityPrivate Members' Business

April 30th, 2014 / 6:45 p.m.


See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I am going to be speaking to the bill as a whole. Despite the fact that amendments have been introduced, this is probably the best opportunity to talk about the bill as a whole.

I will accept the parliamentary secretary's assurance that these are in fact housekeeping amendments to correct errors. I will come back to that point in a minute.

The NDP will be speaking in favour of Bill C-479, because we believe that the bill, after it has been extensively amended, still contains important improvements in victims' rights, though we were disappointed by the unwillingness of the government to go further in some areas.

New Democrats remain concerned, however, about the use of numerous private members' bills to amend both the Criminal Code and the Corrections and Conditional Release Act. There are several reasons for this. Often these private members' bills are inspired by a single incident or a single case, and therefore they have a very narrow focus. What this means is that sometimes they miss larger issues in the criminal justice system because of that focus on a single incident or a single case.

Second, private members' bills do not get the same technical expertise applied to them in their drafting as government bills do. This is a natural phenomenon, as they are prepared by a single member of Parliament, who does not have access to the large legal and policy expertise a federal department would have if it were drafting the same legislation. Thus, we end up in a situation, which we had with Bill C-479, where we had numerous amendments to the bill at committee stage, which were necessary, and even the additional amendments that were introduced at report stage. That is one reason we have concerns about the extensive use of private members' bills to amend what are really quite technical bills, the Criminal Code of Canada and the Corrections and Conditional Release Act.

As well, private members' bills do not go through the screening that all government bills must go through or are supposed to go through. That is the one that supposedly checks for compliance with the Charter of Rights and Freedoms. In a government bill, the Minister of Justice would be required to certify that the bill did not conflict with the Charter of Rights and Freedoms. We do not get that kind of scrutiny for a private member's bill.

Finally, we remain concerned about making extensive changes through multiple bills proceeding along different paths through Parliament on different timetables. The sheer volume of changes being made to the Criminal Code and the Corrections and Conditional Release Act are often a problem, because they are being considered at different committees. Some of these bills are going to the justice committee, and some are going to the public safety committee. There is a risk of having legal errors and omissions as well as unintended consequences when we have different bodies of Parliament dealing with the same bill and amending the same bill on different timeframes. This, of course, includes the Senate, which would be dealing with these in a completely different timeframe.

What we have had was some bills going to the justice committee and some bills going to the public safety committee. We in the public safety committee do not have the benefit of hearing the witnesses and hearing the debate on those bills that are in justice and vice versa. They do not have the benefit of seeing what work we have been doing in the public safety committee.

For instance, specifically in the case of Bill C-479, the public safety committee did not have the advantage of seeing the text of the government's victims' rights bill, Bill C-32, and now that bill will go to the justice committee, which will not have had the advantage of hearing the witnesses on Bill C-479, which amends the very same bill on the very same topic. I think we risk errors, omissions, and unintended consequences when we proceed in this way in the House of Commons.

I hope that when the debate in justice comes to Bill C-32, it will hear some of the same witnesses we heard. However, I am sure it seems to those witnesses that Parliament has become a very inefficient place if they have to go talk about the same bills multiple times at different committees.

As I said before, and despite the rhetoric we so often hear in the House, obviously no party has a monopoly on the concern for victims of crime. However, New Democrats do differ with the government on how best to serve victims and how best to make sure that there are fewer victims of crime in the future. We in the NDP understand the importance of utilizing our corrections system to prevent additional Canadians becoming victims of crime in the future. Clearly, if one is going to do that, what one needs is a properly funded corrections system where offenders receive the treatment and rehabilitation they need, whether for addictions, mental illness, or more specific problems they may have, and where they can access training and education opportunities that are necessary for successful reintegration into our communities. If they do not get successful treatment for mental illness and addictions, if they do not get job training, then offenders will find themselves back in the same circumstances as before and therefore are very likely to reoffend, creating even more new victims.

When committee members previously visited one of our federal correctional institutions and met with the prisoners committee, two of the people there had returned to prison, and we asked them why. They both gave the very same answer. They said when they got out, they did not have any resources, they had not had the training they needed, and they ended up back with the same friends who got them into same trouble they had been in before.

Therefore, New Democrats would like to emphasize that one of the very important things we can do to prevent victims of crime being created in the future is to have a properly functioning corrections system, and we know right now we do not have such a system. There is overcrowding in the corrections system, there is underfunding of training, there are long wait lists for mental health and addiction programs. If they are not fixed, it will lead to more victims of crime in the future.

The Conservatives, especially in private members' bills, often focus on the understandable feelings of some victims that the justice system ought to be more punitive and provide a greater sense of retribution, or they focus on the victims who believe toughness is the solution for crime. However, in doing so, they risk missing the more fundamental feeling expressed by nearly all victims. The one thing that nearly all victims of crime will say, the one thing they seem to share, is the wish that no one else has to go through what they went through. This is where victims start and end.

For New Democrats and, I believe, for most Canadians, there is a concern that we not lose the balance in our justice system between the need for punishment and the common good of increased public safety that we can achieve through rehabilitation programs. That balance is placed in jeopardy by the Conservative government's “penny wise and pound foolish” approach to public safety budgets. The consequences of this failure of the Conservative government to adequately resource the corrections system will, unfortunately, be seen down the road in additional victims.

Today, we in the NDP are supporting Bill C-479 because there are provisions in it which are of clear benefit to victims. Indeed, most of the provisions in this bill are already normal practice in the parole system. These include the presence of victims or members of their families at parole hearings, consideration of victims' statements by the Parole Board in its decisions, some special provisions for the manner in which statements can be presented at parole hearings, a stronger requirement to communicate to victims information that the board considered when making its decisions, an obligation to make transcripts of parole hearings available to victims and their families, as well as to offenders, and a better system of informing victims when an offender is going to be granted a temporary absence or parole or is released at the end of his or her sentence.

All of these things normally take place and New Democrats agree that it is a good idea to entrench these rights for victims by placing them in legislation. They are now mostly discretionary and we are saying these things need to be a right for victims. It is kind of peculiar to me that Bill C-479 actually has more rights for victims in it than the so-called victims rights bills. This actually entrenches many things in legislation.

New Democrats were, however, surprised to see the government reject one amendment which we put forward. We said that right now we have a strange situation. If, for some reason, a victim is not allowed to attend a hearing, either because he or she threatened the offender or some other reason, the victim is allowed to observe the parole hearings through teleconference or video conference. Other victims do not have that choice. We proposed an amendment giving every victim the right to observe parole hearings through video conference, teleconference, or by some other means where the victim does not have to be present in the room. Some victims do not want to be in the room because of fear, some do not want to be in the room because of revulsion, and we believe that all victims should have the right to observe parole hearings by video or teleconferencing, if they so choose. As I said, it was very surprising to me that the government voted against this amendment.

Making video conferencing available also has another very important impact for victims and their families. Sometimes people have to travel across the country. If offenders have been transferred, they may no longer be in institutions near the victims, so the victims would incur travel costs and might have to take time off work that could be avoided with video conferencing. One thing New Democrats have confidence in, as raised by the member for Malpeque, is that this bill does preserve the discretion of the Parole Board with regard to how long hearings have to take place.

As my time draws to a close, let me conclude by saying the New Democrats support strengthening victims rights, but we urge all members to consider another important thing that victims need, not just legislation but also well-supported programs to help them put their lives back in order.

Corrections and Conditional Release ActPoints of OrderGovernment Orders

April 9th, 2014 / 3:45 p.m.


See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I appreciate the opportunity to speak. As I said earlier, it is a fairly lengthy point of order, and my apologies for having to disrupt the chamber right after question period.

I was closing the quote on Sue O'Sullivan, Federal Ombudsman for Victims of Crime, who stated in evidence on March 25, on Bill C-483, “At its core, this bill”, and what she meant was the original bill, before the amendments: “At its core, this bill aims to bring a more transparent and inclusive process to victims of crime. I fully support this shift and the benefits it brings to victims”.

Another witness, Kim Hancox, spoke in support of Bill C-483 stating that “Accountability is severely compromised as a result of this closed-door process”. She was referring to the process whereby prison wardens are empowered to grant escorted temporary absences. She continued by saying:

There is a lack of consideration for victims, which impedes progress of victims' rights and recognition in the criminal system. This practice undermines the public's confidence in a system that is supposed to keep them safe from violent offenders.

Krista Gray-Donald, director representing the Canadian Resource Centre for Victims of Crime, an organization that the committee was informed had been working closely with the member for Oxford on the legislation, was clear in her testimony before the committee, on March 27, as to what she believed the legislation would terminate, namely, the ability of wardens to grant escorted temporary absences. She said:

The board of directors of the CRCVC feels the process that allows wardens to grant ETAs to offenders serving life does not assess risk as thoroughly as the release decision-making process undertaken by the Parole Board. We believe this allows offenders to avoid accountability for the harms they have caused and closes the decision-making process to the public.

I believe it is important to place on the record the statements made before the committee by both of the commissioner of the Canadian Parole Board, in testimony on March 25, 2014, page 13 of the evidence, and the Commissioner of Correctional Service Canada, in testimony on March 27, 2014, page 8 of the blues. Both stated that with respect to the ETA program that their agencies are responsible for permitting and overseeing, the success rate is 99%.

At no time, and I repeat, at no time, did any member of the committee, government members in particular, challenge either commissioner on the success rate of the escorted temporary release program. This program is by all accounts a success, with no demonstrated risk to public safety.

On April 1, 2014, and this would be after the above witnesses presented, the government presented its amendments to Bill C-483 at the public safety committee, and that is where my concerns arise.

At page 767 of O'Brien and Bosc, it states with respect to amendments made to legislation which may be found to be out of order:

The committee's decisions concerning a bill must be consistent with earlier decisions made by the committee. An amendment is accordingly out of order if it is contrary to or inconsistent with provisions of the bill that the committee has already agreed to....

I would also remind the House of the ruling of Speaker Fraser on April 28, 1992, at page 9801 of Debates:

In cases in which the Chair is asked to rule on the admissibility of committee amendments to bills, any modifications which offend a basic principle in the legislative process are struck from the bill.

However, the amendment from the government has undermined that principle. It reads in part as follows, which was presented to the House in the third report of the committee.

On clause 1.1, and I am reading from proposed subsection 17.1(2):

If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition—

This is the critical section:

—the institutional head may authorize that inmate’s subsequent temporary absences with escort if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met.

In my view, this would change the principle of the bill.

The witnesses all came before the committee on the original bill and claimed that they did not want the institutional head to be allowed to make those decisions. That was the basis of the witnesses' presentation at committee.

That whole thrust changed with the amendments from the Government of Canada.

In speaking to the amendments presented by the government, the following exchange illuminates the concern I have with respect to the principle of the bill having been changed as a result.

I put the following question to the director of policy for Corrections Canada on April 1, 2014:

As I understand it, the original bill was ensuring that the warden would not be in a position to allow any temporary absences at all during the last three years of a sentence. Now with this amendment, the Parole Board will be involved in the first request for a temporary absence during that three-year period, but not anymore after that unless there is a problem with what happened on the temporary absence.

The response from the director of policy stated, in part:

You are correct...in that once that lifer reaches the three-year window before their full parole eligibility, once the Parole Board grants a positive decision for a rehabilitated ETA and that ETA period is successful—in other words, the offender does not breach their conditions while on that ETA—any subsequent ETA decisions can then be made by the institutional head.

Therefore, I am suggesting that the government amendments to the bill are inconsistent with the original principle of the bill as articulated by the member in whose name the bill stands, by other members of the government during second reading and at committee, and witnesses appearing before the committee. Namely, that as a result of this legislation, it was expected that the Parole Board, and only the Parole Board, would be involved in the granting of escorted temporary releases as they apply to offenders convicted of first and second degree murder.

Given that evidence as to the success of the ETA program, evidence which was available prior to the tabling of Bill C-483, I would submit that the principle of the bill as originally passed at second reading, has, by the government amendments, been completely undermined.

The principle of the original bill has ceased to exist and has been replaced.

Again, while the intent of the member for Oxford is not in question, the ability of his legislation to achieve what he committed to this House and, more important, what he committed to the victims of crime in whose name he presented the bill, has been refuted through government amendments.

As such, I would submit that the amendments have placed the bill as reported from committee within the context of being out of order.

I would conclude by reminding Canadians that as we undertake a debate on Bill C-32, the victims bill of rights, that they examine the text of that bill closely and match the content of that bill with the rhetoric of the government with respect to what has been promised.

It is my submission that Bill C-32 is worthy of support. It will fall to the government to explain to the victims why the legislation would likely not achieve the promises that have been made.

Let me sum up in layman's terms. These private members' bills are becoming a shell game. Witnesses come before a committee, the promoters promote their bill on the basis of the original bill, and on the basis of what the promoters of the bill have said relative to the original bill.

However, after all the witnesses have appeared before committee, the justice department's legal counsel, also from the government side, then come before committee and either water down the bill or change it in such a way that the original principle and intent of the bill is undermined.

Thus the bill no longer does what the promoter of the bill, in these cases backbench Conservatives, said it would do. Therein lies the problem. That is my point of order; that the bill no longer represents the principle and the intent of the bill brought in by the backbench Conservative member. In fact, government lawyers, themselves, changed the intent of the bill at committee, after all the witnesses had appeared.

Business of the HouseOral Questions

April 3rd, 2014 / 3:10 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am pleased to see that the House is currently focusing on jobs, growth and long-term prosperity by debating Bill C-31, the Economic Action Plan 2014 Act, No. 1, at second reading.

This debate will continue tomorrow, Monday and Tuesday, with members of Parliament having an opportunity that night to vote on this bill to enact key measures of our low-tax plan for jobs and growth in the Canadian economy.

I am currently setting aside next Wednesday and Friday for debate on Bill C-32, the victims bill of rights. This important and much needed piece of legislation would give victims their rightful place in our justice system: at its heart. The Conservative Party has long stood alone in putting the rights and interests of victims ahead of those of criminals.

Also, I would like to note that Bill C-30, the fair rail for grain farmers act, has been making good progress in committee this week. Should that bill be reported back to the House next week, I will make time for its consideration if we are able to enjoy the same level of co-operation that we saw at second reading last Friday, when it was passed by the House after we heard from a speaker from each party.

Finally, Thursday, April 10, shall be the second allotted day. I understand that we will debate a Liberal motion on that day. Perhaps the hon. member for Papineau will ask the House to debate his definition of middle class. In fact, it appears he could have a vigorous debate on that issue with himself that would fill the entire day. I eagerly await to see if his newest definition of the middle class will still include the CEOs of the big banks. I am confident that his caucus will stand ready to move an amendment to that motion if, during the course of the day, his definition changes yet again.

I noticed today in question period that we heard yet another definition of middle class. It is that one magical person who happens to make the median income in Canada. At least that way the middle class is easily defined and the number of people who are middle class is unlikely to change. It is one person, and that is a number that I know the member for Papineau will be able to grasp. He will be able to remember the number one. It is easier than remembering the thousands of billions number that he is also fond of.

I am also confident that he will not choose as the subject of debate the matter of eliminating the budget deficit. After all, he says the budget will balance itself.