Combating Counterfeit Products Act

An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

James Moore  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Copyright Act and the Trade-marks Act to add new civil and criminal remedies and new border measures in both Acts, in order to strengthen the enforcement of copyright and trade-mark rights and to curtail commercial activity involving infringing copies and counterfeit trade-marked goods. More specifically, the enactment
(a) creates new civil causes of action with respect to activities that sustain commercial activity in infringing copies and counterfeit trade-marked goods;
(b) creates new criminal offences for trade-mark counterfeiting that are analogous to existing offences in the Copyright Act;
(c) creates new criminal offences prohibiting the possession or export of infringing copies or counterfeit trade-marked goods, packaging or labels;
(d) enacts new border enforcement measures enabling customs officers to detain goods that they suspect infringe copyright or trade-mark rights and allowing them to share information relating to the detained goods with rights owners who have filed a request for assistance, in order to give the rights owners a reasonable opportunity to pursue a remedy in court;
(e) exempts the importation and exportation of copies and goods by an individual for their personal use from the application of the border measures; and
(f) adds the offences set out in the Copyright Act and the Trade-marks Act to the list of offences set out in the Criminal Code for the investigation of which police may seek judicial authorization to use a wiretap.
The enactment also amends the Trade-marks Act to, among other things, expand the scope of what can be registered as a trade-mark, allow the Registrar of Trade-marks to correct errors that appear in the trade-mark register, and streamline and modernize the trade-mark application and opposition process.

Elsewhere

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

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 7:35 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I do not know whether I will be finishing my session with this speech on Bill C-8, but I am always pleased to take part in this democratic exercise, too often abused in the House, of exchange or debate among parliamentarians on the various bills introduced by the government or by private members.

However, I cannot help but note that we set an extraordinary record of 76 time allocation motions a few days ago. I get the impression we will soon need an Excel file to follow all the bills that have been subject to a time allocation.

Speaking of software, or rather counterfeit software, obviously none of the examples I will be citing involve the members here. No one here buys counterfeit products, and no one encourages piracy. However, everyone knows someone who has done so and who has had problems. I will come back to that subject later.

Getting back to my 76 closure motions, unless the Leader of the Government in the House of Commons rises in the next few minutes to make the traditional announcement and trigger the 77th closure, Bill C-8 seems headed for an open, democratic debate in accordance with the rules of the House. I should be happy, but, after 76 closure motions, you will allow me to feel somewhat pessimistic and to say I am skeptical of that prospect. Why? Obviously because government members are probably glad and very much aware that the NDP, a dynamic and structured official opposition if ever there was one, agrees with most of the bill’s content and is preparing to support the bill at the this stage, still hoping that a few improvements can be made at the final stage.

What are we to understand from that? The Conservatives allow all members to speak if they think as they do or if their thinking is similar to their own. However, the axe falls the moment we have a different opinion to express on another bill.

I can cope with closure personally, but I do not think our Canadian democracy can afford that luxury or option. Even if my remarks were not true, there is still a perception. As they say in the advertising industry, perception is very often reality. I hope that the Canadians and Quebeckers who vote and re-elect their members to the House of Commons will have a perception that corresponds to reality. That is the end of my comments on that subject.

The subject before us is the bill entitled An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts. I would have been more comfortable debating the part of the Copyright Act that deals, for example, with artistic creations such as musical works, artworks, choreographies and many other things. Where intellectual property or value are at issue, I must admit I always join the debate because that was a battle I waged for a very long time in my previous careers.

The same is therefore true of products of all kinds. To ensure that a trademark that is valued and used by consumers can continue surprising them with its creativity and affording them the means to pursue their objectives, we must combat counterfeiting and piracy to the best of our ability.

Of course, no one in the House has done this, but we all know someone who has travelled to a city in or outside Canada and not exactly scoffed at items offered to him or her at absurdly low prices.

We may think of watches that in all respects resemble watches by Gucci and Tag or Swiss brand watches. We may also think of handbags that our spouses dream of but that we cannot afford to give them. The prices of these products are absurdly low. Most people know very well that these are counterfeit products, and the booths where they are sold obviously provide no invoices. We can imagine that the after-sales service, long-term guarantees and product quality vanish, not to mention the fact that, on every occasion, we are undermining the original product.

Counterfeit products sometimes seem real to the eye. With wear, however, everyone knows that the quality is not there and that someone is trying to take advantage of someone else’s creative process to make a fast buck, without offering any after-sales service or reinvesting in the business whose product has been copied. This is also the case of sunglasses.

There has been a wave of flea markets over the past 10 years, particularly in Quebec, although they have recently been somewhat less popular. I do not know whether that was the case in the other regions of Canada. People thought that, by going there often, they would unearth the find of the century at an absurdly low price. Of course, someone may once have picked up a Renoir for $150 because he found it in the closet of a grandmother who did not know the value of the work she owned. Most of the time, however, what people found were counterfeit pieces.

Counterfeit works can be particularly dangerous. I have heard my colleagues speak at length about drugs. Although people did not shop at flea markets to buy a lot of drugs, equally dangerous things could be found there. I am thinking, for example, of electrical components found at lower prices than at regular hardware stores. These were not used items. They looked new and were properly packaged but did not meet CSA standards. CSA standards are the Canadian standards that, according to the government, are the responsibility of the provinces, for example where pyrrhotite is concerned, but that is another debate I do not want to engage in.

Let us imagine that, to save a few pennies, someone buys switches that do not meet Canadian standards and installs them on his electrical panel. While he sleeps peacefully, parts of the electrical panel could overload and cause a fire that, at best, might result in material damage or, at worst, could have a serious impact on the health and lives of the people living in the house. This is a common occurrence.

Another example is those hunting jackets that were purportedly made of goose down. They were comfortable and very warm. After getting the coat caught on a tree branch, someone realized that what was supposed to be goose down was instead a kind of padding that was hard to identify and probably highly inflammable. That made the product dangerous.

I will now skip right to the conclusion of my speech since time is short. I hope to have the opportunity to discuss these matters at greater length when I answer my colleagues’ questions.

In conclusion, I would like to echo the sentiment expressed in the title of the report that the Standing Committee on Industry, Science and Technology prepared in 2007. The title of that report was, “Counterfeiting and Piracy are Theft”.

I believe the title was very much inspired by a campaign that was designed to make music users more aware of the fact that not only was copying theft, but also that theft takes money away from the creators who allowed consumers to enjoy the products of their creativity.

It is not easy to strike a balance between rights holders’ interests and those of users and consumers. My NDP colleagues and I believe that that balance should serve as a guide for all of the suggested improvements to the wording of this bill.

I will stop there and will be pleased to answer my colleagues’ questions.

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 7:15 p.m.
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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I am pleased to rise in the House for a third time today, this time to discuss Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts. It is the NDP's intention, of course, to support it at third reading.

We in the NDP could not agree more with protecting consumers. It is only right to support bills of this kind that have that intent. It is important for Canadian companies and consumers to fight counterfeiting, which, we must remember, is a breach of intellectual property rights. That is no small thing. It is particularly important when the counterfeit products can jeopardize Canadians' health or safety.

The reason I have risen three times today in the House to speak on various bills is because they have one thing in common: the health and safety of Canadians. We can never be too careful to make informed decisions and to really make sure that everything is being done with respect to health and safety because, ultimately, lives are at stake. Once again, this is the issue here.

It is hard to see how a bill such as this one could be implemented when, last year, the Conservatives cut $143 million from the Canada Border Services Agency. That, of course, reduced the number of front-line officers even further and undermines our ability to control our borders.

The Conservatives added to the agency’s responsibilities while cutting its funding. That is where we are risking problems and where that is a concern. That is why we are here tonight in the House to raise this concern and express these well-founded fears.

This government has refused several times to take a balanced approach on copyright. The NDP believes that intellectual property requires an approach that strikes a balance between the interests of rights holders and the interests of users and consumers.

When we look more specifically at Bill C-8, we need to point this out. It adds two new criminal offences under the Copyright Act for the possession or export of infringing copies and creates offences related to the sale or offering for sale of counterfeit products on a commercial scale. It prohibits the import or export of infringing copies and counterfeit goods, and it ensures a balanced approach to this prohibition by creating two exceptions. One is for personal use and the other is for copies in customs transit control.

It gives customs officers new powers to detain counterfeit goods and copies. That is an important policy change, since up until now, border officials required copyright holders to first get a court order before they would seize infringing copies or counterfeit goods.

It gives the Minister of Public Safety and Emergency Preparedness and border authorities new powers enabling them to share with rights owners information relating to the detained goods. Lastly, it expands the scope of what can be registered as a trademark, as described within the broader definition of “signs”, including colours, shapes, scents and tastes.

In June of 2012, I rose in the House to ask the government a question. I referred to a report by the Canadian Chamber of Commerce stating that one-third of all products pose a real threat to the health and safety of Canadians. That is why we have to take action against counterfeiting. This is not just about jeans and handbags.

My colleague said that whenever we talk about counterfeiting, people think we are talking about a handbag sporting a recognizable trademark that someone saw in some back alley in New York. That is the kind of thing most people think of. However, we are also talking about drugs, and that is very serious. They can contain uranium and lead.

We are talking about safety and security because it can be that serious. It is important to have the necessary resources to keep one-third of products from being hazardous to people's health and safety. It is really important for us to take action on this.

Many people support our position, and that is an important thing to add to the debate. Jean-Pierre Fortin, national president of the Customs and Immigration Union, commented on the 2012 budget cuts to the Canada Border Services Agency. He explained how those cuts would reduce border officers' ability to do their work:

These proposed budget cuts would have a direct and real impact on Canadians and our communities across the country: more child pornography entering the country, more weapons and illegal drugs will pass through our borders, not to mention terrorists, sexual predators and hardened criminals.

Mr. Speaker, before I talk about some more of the support we have been receiving, I would like to indicate that I will be sharing my time with the wonderful member for Trois-Rivières.

According to the Canadian Chamber of Commerce’s Canadian Intellectual Property Council, the Canadian system has no tools to track and report the instances of counterfeiting that are actually detected in the country. According to European Commission regulation 1891/2004, customs authorities in all EU member states are obliged to report statistics on customs seizures, and the Canada Border Services Agency does not have a mandate for reporting on intellectual property crime at the border. That is another important source of support.

We also have support from the World Customs Organization, which published Model Provisions for National Legislation to Implement Fair and Effective Border Measures Consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights at the WTO. In its introduction, the World Customs Organization indicates that model provisions ensure the effective enforcement of intellectual property rights at the border without undue restriction of the flow of trade in legitimate goods. The extent and effectiveness of customs interventions are dependent upon the resources available for customs administration.

We have the support of Michael Geist, a law professor at the University of Ottawa and Canada Research Chair in Internet and E-Commerce Law, a field in which we will most certainly have to make some major progress. In relation to Bill C-8, he said that officers are not experts in intellectual property. The purpose of the assessment is to determine whether one of the exceptions in the Copyright Act may apply. This is a complex process. The courts often have a hard time deciding. Nevertheless, the bill still plans to give these powers to border officers without judicial review or a limit on the types of goods concerned.

I could cite more examples of support, but I am sharing my time with the hon. member for Trois-Rivières. It is important to do something about counterfeiting. It is not just a scourge. Counterfeiting results in economic losses, but it is also a health and safety issue.

We cannot allow drugs to be sold on the Internet when we do not have any information about them and they might contain uranium or lead. Honestly. We must absolutely make sure we have better legislation to truly fight counterfeiting.

I think that we have the full support of various players across the country, people who think that it is high time we do something about this.

As the deputy critic for consumer protection, I have risen in this House a number of times. I would obviously like us to move forward with this.

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 7:15 p.m.
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NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, we have a general idea.

The Organisation for Economic Cooperation and Development has indicated that it amounts to $250 billion per year, which is a huge amount. Here, we know only about the portion that we catch, but we know it is enormous and that it is important. The companies that are the victims tell us. They see their market shrinking even though their product is still just as popular. There are therefore commercial indicators, namely, the fact that the sales of the companies that sell the products are affected. There is economic harm. Does it have to be measured within Canada? No. That is the problem, and it relates to our credibility with our own market and our financial and economic partners. They tell us that things are not going well in our country and we are causing them to lose money. For example, Adidas says that it sees its products everywhere here, but it is not selling any, so something is not quite right. Obviously, an ambassador is going to be called in and is going to be told that his country is turning a blind eye to fraud. Canada must not get this reputation. In fact, that is the reason why Bill C-8 needs to be implemented quickly and effectively.

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 7 p.m.
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NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, the New Democratic Party will support Bill C-8 at third reading, because the fight against counterfeiting is so important to our economy.

First of all, it is a matter of respecting the economic rights of creators and copyright or trademark owners, who have invested their research into developing their product. This requires time and money. Very often, they invest in advertising and marketing for their product, to demonstrate its quality and the significance of buying it.

Some people pay the bills, while the counterfeiters run off with the profits. This is a great recipe for making a respectable company go under. In addition, when the counterfeit items are of poor quality, both the company’s market and the value of its trademark collapse. If we want to protect our businesses, we must ban this kind of practice.

We must make sure that consumers are really buying the product they are paying for. If you pay $3,000 for a beautiful Rolex watch, you expect it to contain a little bit of gold and silver. If you pay $15 for it in a back alley in New York, of course there will not be any gold or silver in it. It cannot be anything but a toy. Nonetheless, the brand of the watch is being undermined.

Let us imagine that a counterfeiter makes an almost exact copy of a watch but replaces the gold and silver with lower quality metals. First of all, he increases the amount of profit he makes from this inferior product. Then the legitimate company loses the sale and the brand value declines, because the owner believes the watch should last a lifetime but it stops working after six months. It is the value of the brand name that takes a hit. It is important to preserve it.

Very often, it is just a question of keeping the public safe. For instance, children’s toys cannot have lead paint in them. All the major brand companies know this, and the counterfeiters do as well. However, the counterfeiters sometimes like to make a little more money and do not comply with essential international public health standards. They use hazardous products.

If these people started making prescription drugs, there would be a problem. In Canada, we feel it is absolutely awful that prescription drugs we import may be of poor quality, depending on the plant where they were manufactured, even within a company. The plant manager lowers the quality of the brand-name product. This has happened in the United States, where some companies have been banned from selling prescription drugs. We hope of course that control will happen in Canada. It is a matter of public health.

If we expect a prescription drug to contain 70% of active ingredients, and there is a problem if it only contains 50% or if it contains 115%. Doctors write their prescriptions for medications whose properties they know. If someone starts playing around with them, it becomes a public health issue.

With regard to food, Canada bans a certain level of pesticides. If this level is exceeded, the food in question is not safe. The counterfeiters will use poor quality products in their cans and stick on a label from a company that has a good reputation to sell them. They do not meet the standards and this also poses risks.

This is why the NDP is in complete agreement with Bill C-8. We have to make sure this protection is provided in order for food, toys, drugs and even construction materials to have real value. This is the era of globalization, and very often we receive by-products that are incorporated into our own national production. That is what the problem of contamination is all about. If a contaminant enters our production chain at some point, then when the product comes out the end, our chain of production will have a lower value. The estimated value of our product will not be what we had hoped because we will have been duped. This is therefore important. It is a question of security, not just physical but also economic.

One major flaw must be noted, however. It is all very well to enact the finest laws in the world, but if there is no one to enforce them, then things are not going to work. Unfortunately, in recent years, a significant amount has been cut from the budget of the Canada Border Services Agency. That has led to 549 jobs being cut. That is a huge number. We can imagine how many containers inspectors can check and how many long-term investigations they can do into counterfeit products that appear on the market. Those investigations are important. Legislation is nothing if there is no structure to ensure that it will be enforced.

We recently discussed a free trade agreement with Honduras. The problem I raised at the time was that there is no point in having a law that prohibits murder in that country if the leaders of the country can go around killing people with complete impunity because the police will never bother them for it. This is somewhat the same problem.

Prohibiting counterfeiting in a piece of legislation is all very well, but it is not going to stop a fraudster from trying to do it. What is really going to stop them from doing it is telling them that all the lovely dishes from China with lead paint that we find in their container are going to be destroyed with a crusher and the container is going back to China. If we do that once or twice, I guarantee that the third time, they are not going to be interested in bringing in a container with dishes that have lead paint. That is the border. That border is important. It is called the law and the justice system. It is not just thinking that because we are pure of heart, everyone is going to have the same ethics as we do. Ethics have to be protected.

Obviously, it goes without saying that this is difficult to quantify. As I said, we do not have the number of inspectors we need. We know that counterfeiting exists and is here. We have a general idea because companies say their sales are down. How do we determine the value of an underground activity when it is hidden and there is no one to ferret it out? We have seen it grow. The RCMP says that in 2009 it seized $7.6 million worth of goods, and that in 2012 it seized $38 million worth. That is just the tip of the iceberg, because we cannot determine the extent of this underground activity. It is hidden and we do not have the personnel we need to shed light on it.

I will quickly conclude by saying that giving our customs officers the powers they need and instituting civil and criminal penalties for counterfeiting trademarks enables them to share information with the owners of the trademarks and the products. These are things that the NDP and the international community agree with entirely.

We are going to support the bill and we are even going to try to improve it in committee.

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 6:55 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I would like to take a few moments to congratulate my colleague for his bill on conflict minerals. His speech was very eloquent. I congratulate him on this initiative that all members strongly support.

With respect to Bill C-8, my colleague spoke at length about the lack of available data. Experts have pointed that out as well. It is very difficult to determine the impact of counterfeiting. It certainly has an impact, but the data are lacking. As he mentioned, we support the bill.

My colleague spoke about resources and mentioned Mr. Geist, who said that it was not always easy to detect counterfeit goods.

Have we allocated the resources needed for border officers to be able to detect counterfeit goods?

The House resumed consideration of the motion that Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, be read the third time and passed.

Combating Counterfeit Products ActGovernment Orders

June 19th, 2014 / 6:45 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I would like to mention that I will be sharing my time with the hon. member for Marc-Aurèle-Fortin.

We are now switching from the situation in Congo, but I want to finish pleading with my colleagues across the way to really consider that issue. If there is one issue that is not partisan, it is this one about what is happening in Congo. I think we can somehow find a way to agree on how to stem the violence in Congo.

The bill that I am now addressing is Bill C-8. Members will know that this legislation has quite a lengthy history. I do not mean just Bill C-8, but the whole issue of copyright and the Trade-marks Act and making consequential amendments to other acts.

This issue requires caution. It requires an understanding of not just the law but enforcement of the law as well.

Many people are concerned about how international treaties and copyright interplay. They are concerned about the fact that we are in the midst of finishing negotiations on CETA and how that agreement would relate to copyright. It is important to note that the international agreement dealing with counterfeiting also comes into play here. Many have noted that while a treaty to combat counterfeiting presently exists, not many countries have signed on to it, about which there is some concern. It is this international context, and how it would apply to this legislation, that we are dealing with.

If we abide by certain rules made by legislation such as this and there are trade deals or other treaties we have to contend with, it is important that we understand what those trade deals and treaties mean. In the case of CETA, it is important to understand how it would apply.

I am pleading with the government yet again to at least tell us what is going on with respect to CETA, because it would affect trademark and copyright legislation. My understanding is that there could be consequences from the CETA deal for copyright and trademarks. I would like to hear about what action the government is taking. I would like to know what success, or lack thereof, the government has had with respect to CETA, and the sooner the better.

Here we are trying to find a way to help people create in an unhindered and legal way, while also making sure that the creative class will be able to access technology and ideas and material and will not be suppressed. The law has to find a balance. By the same token, we want to make sure that what we are creating and what we have copyright protection for will not be usurped or be taken and used without the creators benefiting from their work. It is obviously a delicate balance.

I would like to go over some of the aspects of the bill and what it proposes to do.

As I said, this legislation has a long history. I remember previous Parliaments that attempted to deal with the copyright issue. It should be noted that many of our trading partners have been pleading with us, particularly our friends south of the border, to get this done and get it right. The new ambassador brought it up in a recent meeting with us. He indicated that this was an important issue for the United States because most of our trade is done with that country.

Bill C-8 deals with counterfeiting and infringement, which is important. It proposes to add two new criminal offences to the Copyright Act for the possession of and export of infringed copies. The bill would also create offences for the selling or offering of counterfeit goods on a commercial scale.

There is some contention as to the degree of the export and import of counterfeit goods.

I cite Michael Geist, because he is the expert in the country on this issue. His testimony at committee raised some questions about the extent to which there is counterfeiting. He should be listened to, because he is an expert. He asked this very good question: what is the scope of the studies that are referenced by government and officials? In other words, do we have accurate data?

That said, it is important that we have legislation that would deal with counterfeiting and the trade of counterfeiting materials, as contemplated in this bill.

That is the first part. The bill adds two new criminal offences under the Copyright Act for possession and exportation of infringing copies and creates offences for selling or offering counterfeit goods on a commercial scale.

The other aspect is that it creates a prohibition against importing or exporting infringing copies and counterfeit goods. It introduces some balance to that prohibition by creating two exemptions. One is personal use. As I referenced earlier, it relates to the creative class and those in the knowledge industry. I will use educators as an example.

I come from the business of teaching. As educators, it is important that we have access to knowledge and make it available to students. There is a balance that has to be struck so that we will not arrest teachers if they are just sharing materials with their students to allow them to gain knowledge. That is one of the areas we have to keep in mind.

The other one we have to look for is items in transit control.

Finally, the bill would grant new ex officio powers to border officials to detain infringing copies or counterfeit goods. That is a significant policy shift, because until now border officials required these private rights holders to obtain a court order before seizing infringing copies or goods. The bill grants new ex officio powers to the Minister of Public Safety and border officials to share information on detained goods with rights holders. It also widens the scope of what can be a trademark to the features found in the broad definition of “sign”, which includes all sorts of things: shapes, colours, scents, et cetera. What we want to see on this side is that we strike that balance. These are fairly important new powers that are being given to the government.

I will finish by saying that it is fine to pass laws on copyright and trademark to make sure that we deal with what we are focused on—that is, those who decide to get into the business of knock-offs and use the creations of others to benefit themselves when they have not had any input into the creation of any goods, ideas, or products. By the same token, how do we enforce these measures?

Members will hear from my colleagues tonight about some of the problems we have with the government's cutting of border services in this area. On the one hand, it is fine to give powers to border agents to say, “Here it is; you make sure that you deal with the infringements on copyright”, but on the other hand it has cut the budgets of those who are responsible for dealing with this authority.

This is an issue with our friends south of the border. They are aware of this. We have had issues with our friends south of the border regarding regulations. Let us make no mistake, this is a trade issue. They want to know if we are serious about this issue and will bring in laws that are modern and up to date with current copyright thinking. That means little unless we have an enforcement mechanism, to say the least. It is not only about passing laws; it is also about ensuring that we have resources on the ground to enforce them.

Members will hear from my colleagues and me that we have to get it right and make sure that we do not go too far in terms of infringing on those in the creative class, those in the knowledge business, and those who need to have access to materials, while on the other side making sure that if we bring in new responsibilities for our border agents, we do not cut their budgets. It is important that we give them support and training as to what these new powers mean and how they will exercise them.

At the end of the day, we will be supporting the bill to ensure that we do our bit as a country, that we have a balance in terms of the copyright obligations, that those in the creative and knowledge classes have access to the materials they need to create, and that, on the other hand, we provide our border agents with the proper support that they need in material supplies and training.

The House resumed from January 31 consideration of the motion that Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, be read the third time and passed.

Business of the HouseGovernment Orders

June 19th, 2014 / 3:20 p.m.
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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 (Quanto's Law); Bill C-26, the tougher penalties for child predators act; Bill C-3, 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 so. 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.

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, the Safeguarding Canada’s Seas and Skies Act, at third reading; Bill C-8, the Combating Counterfeit Products Act, at third reading; Bill C-12, the 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, the Port State Measures Agreement Implementation Act, at second reading; and Bill S-4, the 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.
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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.

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.

May 12th, 2014 / 5 p.m.
See context

Second Vice-President, Canadian Bar Association

Janet Fuhrer

The Singapore treaty, there are lots of provisions in both Bill C-8 and Bill C-31 that deal with the Singapore treaty. The Singapore treaty is all about harmonizing procedural requirements for filing trademark applications.

May 12th, 2014 / 4:55 p.m.
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Liberal

Judy Sgro Liberal York West, ON

In the documentation we received from the law society and so on, they urged the government to do more consultations on this issue. I didn't think we have had enough consultation. I don't remember how long it was we dealt with this, but it was not a very long time for something as significant as Bill C-8. It did, however, certainly for all of us in the committee, show us the number of challenges there are, and the need to have good policy and good law in Canada.

Is the intent of use issue the most significant part that concerns you in Bill C-31 and Bill C-8 when it comes to the trademarks?