Bill C-28 (Historical)

An Act to amend the Criminal Code (victim surcharge)

This enactment amends the victim surcharge provisions in the Criminal Code to
(a) allow the court to exempt an offender from the payment of a victim surcharge in cases where the offender satisfies the court that the payment would cause the offender undue hardship and to provide the court with guidance with respect to what constitutes undue hardship;
(b) provide that a victim surcharge is to be paid for each offence, with an exception for certain administration of justice offences if the total amount of surcharges imposed on an offender for these types of offences would be disproportionate in the circumstances;
(c) require courts to provide reasons for the application of any exception for certain administration of justice offences or any exemption from the payment of a victim surcharge; and
(d) clarify that these amendments apply to any offender who is sentenced after the day on which the amendments come into force, regardless of whether or not the offence was committed before that day.

Rouge National Urban Park Act

[The Assistant Deputy Speaker, Carol Hughes]

Before we resume debate, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Regina—Lewvan, Public Services and Procurement; the hon. member for Selkirk—Interlake—Eastman, Foreign Affairs; the hon. member for Hochelaga, Housing.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, I will be sharing my time with the member for North Okanagan—Shuswap.

I have been in the House all day today for this debate. The people who would be listening might think the debate is strictly about the Rouge National Urban Park. It is certainly a very important piece of the debate and something I think most of our Ontario colleagues have been focused on, but there are actually another couple of elements to this.

I will be focusing on the Wood Buffalo component, but I want to take a broader look at our national park system. As Canadians, we can be proud of our national park system. There is a plan, which is really looking at the 39 different ecosystems and getting national parks into every area of our natural regions across the country, coast to coast to coast. We are 60% of the way toward getting that job done. Certainly when we were in government, supporting the Rouge National Urban Park was something we did as part of moving this mandate forward.

Really, we have an incredible system, whether it is something like the well-known Banff in Alberta, Jasper, or some of the lesser-known parks. As I was looking at our park system there are ones like Terra Nova in eastern Newfoundland. I am very pleased that there has been a decision to celebrate our 150th anniversary that Canadians will have free access to these parks across our country. I think that is a really good piece of the celebration and the celebratory ideas that have been put forward about what we will do. I encourage all Canadians to take advantage, and I might try to take an opportunity also to visit some of the national parks that I have not had the privilege of seeing.

Not only are our national parks very special to us, but a lot of them also have UNESCO designations. I think that really speaks to the treasure that we have in the 47 parks.

A component of this legislation deals with Wood Buffalo and I will talk about the near future, and then I think we need to go thousands of years back. Wood Buffalo National Park was created in 1922 and the purpose was to protect the declining bison. People were very concerned about the bison numbers, so it was created as a protection measure for the bison.

It is our biggest park. It is actually bigger than Switzerland. It is an enormous park. It is 44,000 square kilometres. It is really a big park that was created for the purpose of protection, but it is also representative of Canada's northern boreal plain.

I have not had the opportunity to go to this park, but I understand it is a place where we see the aurora borealis and a place where whooping crane research is happening. It is the nesting habitat of the last remaining of our migratory flocks, and of course the bison have made a comeback.

The park is located in northern Alberta and part of the Northwest Territories. I understand it is a true pleasure to visit, both in the summer and in the winter, but there is more to the Wood Buffalo story than something Canada did in 1922. There is evidence that indigenous people inhabited the region. There is evidence going back more than 8,000 years, so currently within that park there are 11 indigenous groups and eight reserves, and it is predominantly Cree, Chipewyan, and Métis. In the park there is some subsistence hunting, fishing, and trapping that still occurs.

This legislation would create the Garden River Reserve, so out of those 44,000 square kilometres as it currently is, there is a settlement. It is the Garden River Indian Reserve, and it is 37 square kilometres. This settlement was always a seasonal site, and when logging developed, it became an area that was occupied more or less permanently. It related really to the logging, but the Little Red River Cree were there, so the park was created.

There was a treaty signed, Treaty 8. This where we have to be very careful with the commitments the government makes, and then the subsequent creation of parks. Treaty 8 made some very significant commitments to the indigenous people of the area, in terms of their ability to hunt, to fish, and to use the land. Then all of sudden, in 1922, we created a park and really impeded the commitments that we made, through Treaty 8, back in 1899.

My previous colleague talked about Parks Canada and when Parks Canada has a mandate and how it impacts what was an existing right on that land, in a very negative way. I think he is raising some very good alarm bells because there have been real concerns. Since the park was created in 1922, there have been some violations in terms of that 1899 agreement.

We have to be careful; we have to look at pre-existing use. When we create parks, we have a mandate that is given to Parks Canada and that can sometimes create real challenges.

There have been negotiations going on for many decades. I know that when we were government, we were committed to trying to resolve this issue. The work that the Liberal government has continued to do is to try and resolve this issue with the Red River Cree. It is actually excising a piece of the land from within the southwest part of the park, near Peace River, which will be the Garden River settlement area. I would like to note this is not part of a land claim settlement; it is just really acknowledging some existing occupation that has been more or less permanent for a number of years. We support that component of the legislation. We think settling long-standing issues is important. That is important as we stand here today to debate the Rouge National Urban Park, but we also recognize that this agreement is creating a settlement of some long-standing issues in another important park in Canada.

I talked a bit about how this leads us to where we are now. The Rouge Park is the main focus of the legislation and, as we understand, the former minister of the environment spoke this morning about how reluctant the provincial Liberal government of the day had been in terms of working and wanting enormous amounts of money for the park and, also, how neglected the lands have actually been.

We have, I think, legitimate concerns, both from the former speaker and from our experience with the Wood Buffalo National Park. When we put language in that really impedes our ability to do the things that are right, in the future, farmers are concerned. Out of today's debate, I hope that the government is listening and will accept some modest amendments to this legislation that I think will do much better in the long term, in terms of what we are doing and where we are going.

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, I thank the hon. member for her speech on parks. I want to take this conversation to another feature that Parks Canada has; that is, national historic sites.

When I think of the park in Winnipeg, it is a similar concept of having an urban park managed by Parks Canada within a boundary of the downtown, which is a unique feature now in the city of Winnipeg, that brings people to a point where people have gathered for 6,000 years. First nations gathered at the forks of the Red and the Assiniboine rivers. Now there is a vibrant area there that has a baseball field, a market, and a hotel. It has many uses that might not have been part of the first concept of the park, but it has since developed into a very rich urban area for the city of Winnipeg.

Similarly, the park that we are talking about in Toronto could transform that part of Toronto into something that we could benefit from for generations to come.

Maybe the hon. member could comment on what a park is.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, the member indicated a national historic site. Of course, national historic sites have completely different legislation that guides the direction that we have to take. What we are talking about is specific wording in a specific piece of legislation about the Rouge National Urban Park. I think there are some significant and important arguments in terms of what it is going to mean to the future, what it is going to mean to the existing farmers, and how it will allow that park to evolve.

We heard about the pine beetle. If the member goes to the Parks Canada site, he will see it talks about what ecological integrity means. It talks about restricting use. Most proudly, they talk about the 20 million people who can use the park. Well, ecological integrity talks about how sometimes to protect the park we need to restrict use.

Again, I think we are talking in a different context here.

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I have listened carefully to the speech by the hon. member, and obviously I share her pride in Parks Canada. We all have some small parts of it, whatever part of the country we are from.

I admit that what I found most interesting in her speech is what came at the very end. I wonder if she ran out of time when she told us that she hoped that the Liberal government would be open to accepting a few amendments to improve the bill.

I wonder if she could give us an idea of the amendments that she proposes to put forward.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, as the member knows, amendments are done at committee. Unfortunately, I will not have the privilege of dealing with this at committee, but hearing the concerns that we are raising today, I have faith that my colleagues will have something that is appropriately presented that will help improve the bill.

I hope there is a willingness on all sides of the House to listen to any amendments that might come forward to deal with the issues that we have raised in the debate today.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, we have heard some discussion in the House about what different stakeholders have been saying. It is worth underlining that there were representatives, two years ago when this was debated at the environment committee, who raised specific concerns about the use of the language “ecological integrity”. Local stakeholders were very concerned about people's ability to use the park and actually what is realistic.

I wonder if the member could comment more just on what the actual stakeholder response has been to some of this language.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, we have heard that there are some who look at the definition and look at Parks Canada and how it is defining “ecological integrity”. It really is appropriately applicable to some of our more remote sites, but some might say that they are not sure that something like a Stanley Park model might work a little bit more effectively than something that really restricts us in terms of what we can do and where we can go.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, I would like to recognize the Minister of Environment for introducing this step in formalizing the establishment of the Rouge National Urban Park. I also recognize the work of our former Conservative government colleagues in navigating a path toward making this national park a reality.

In my background in conservation organizations, I have seen first hand the value of recognizing the value of conserving green spaces and the natural environment, and the value of the opportunity for all to experience them.

I used one word very selectively in the previous sentence, and that is the word “conserving”. I did not use the word “preserving”, which has a very different meaning. The two words sound similar but have a very different application when it comes to parks and green spaces. Conserving refers to allowing some use while retaining part of the resource in a sustainable manner, so that the resource can be there for the future. In creating conservation areas and parks, we often arrive at this type of conflict: how much we can preserve versus how much we have to conserve and how much we can use. This is often a real dilemma for policy-makers.

The challenge embodied in the wording of this bill is the inclusion of protecting ecological integrity, and the challenge it will create for policy-makers and park managers years down the road.

In my home province of British Columbia, we heard earlier today from a colleague about the impact on a massive scale of the over-application of ecological integrity in parks. When the pine beetle started to infest an area within Tweedsmuir Provincial Park, the park system was not allowed to use logging to remove the infected timber to reduce or contain the spread of the devastating beetle.

Looking back now, many see that this was an error. We have seen the loss of jobs. We have seen the loss of timber, and we are now struggling with how we keep sawmills and employment going in the province. It spread not just in the province of B.C., but now it is through Alberta and into Saskatchewan, all because we could not react within the park program.

Programs and policies without flexibility for accommodation of unforeseen scenarios prevented common sense from being applied. Now, decades later, we are still feeling the effects of those decisions. Diverse wildlife habitat has been lost to monoculture regrowth. In the end, large swaths of provinces have ended up being logged and the means of fighting the pine beetle has left huge areas of barren forest. This has resulted in no cover for ungulates and challenges to wildlife management that will span decades.

As we examine the Rouge National Urban Park and its location, on land subject to farming for over 200 years, industrial activity, and urban use, is it reasonable to expect ecological integrity to be achieved, whether it is included in the wording or not?

We have heard today of many issues that could make it impossible to achieve the full ecological integrity. If this is the case, one has to wonder what values might be traded off in attempts to achieve it. Would it be the existing agriculture? Would it be access in the dry summer months? Would it be disease spreading out of the park? What types of tradeoffs are we going to have to look at?

While fellow Canadians in the past have recognized the uniqueness of certain areas of this country, we are here today to continue to build on that legacy. Those early parks pioneers envisioned protecting areas for the benefit of future generations. I believe we are all here today working to continue that vision.

However, those early pioneers had no way of seeing how complicated parks management would become, no more than we can expect to see how complicated it will be in another 100 years.

In creating new parks, I believe we need to allow some flexibility to our future parks managers so that, as the demands on the parks change as years go by, those managers have the flexibility to adapt their management styles to meet the needs of the ecosystems and the park visitors. This brings me back to the words “conservation” and “preservation”, and I am hoping my colleagues and those listening today are getting a better understanding of the differences between these two words.

The inclusion of ecological integrity as the first priority would tie the hands of those future parks managers to focus on preservation, leaving them without the flexibility that they will need to evolve their management to create one of the goals of creating a park; that is, the conservation of existing systems and values for future generations. It is those future generations for whom I am concerned. As I noted earlier, my background is with conservation organizations, where I have seen the value of getting youth into an outdoor environment. I say “an outdoor environment” instead of “a natural environment” for a reason. The reason is that our cultures have changed because many people have never experienced the true outdoors. To place them in a natural environment does not always render the best experience, much as our limited control measures in B.C. have not led to the best experience with the pine beetles.

By adapting the natural environment for a better interactive experience, the memories and values taken home and into the future increase in value. Over time, our society has become increasingly urbanized, especially in the area near Rouge National Urban Park. Providing for full ecological integrity in this park may not be in the best interests of the park, local residents, or visitors.

While I am fully in support of the formalization of Rouge National Urban Park, I am not supportive of including, in this case, the priority of ecological integrity. In defending this position, I would like to have had the opportunity to ask my friend and colleague from Red Deer—Lacombe to point out how many species he was authorized to manage within the scope of ecological integrity in the natural parks in which he worked. I am sure his answer would have been one, humans.

Humans are the only species that parks managers can manipulate within a natural park. We as humans have made such a change to our surroundings, especially near this proposed park, that we cannot expect to tie parks managers' hands to only managing humans and not other species within the parks. They are going to need the flexibility and the opportunity to use other systems to manage without being stuck to that ecological integrity phrase. I urge the members across the House to understand this as we move forward in this debate, and I hope that will be addressed in the committee stage of this bill. Again, in my experience, we have seen bad examples of tying the hands of parks managers.

A further example would be the Gros Morne National Park in Newfoundland, where the moose were simply eating the park habitat beyond recognition. Parks managers in Gros Morne National Park resisted for years allowing hunters into the park to manage the moose populations within the park. For years, hunters and people in the park saw what was happening, but because of park policy the managers would not allow the hunting to take place. Finally, within the past decade, they have seen the error of restricting that opportunity to manage. They have allowed hunting within that national park and the park is benefiting from it.

I hope that these examples can be taken forward and understood. As we move forward on this bill, I hope to see amendments to it.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, I want to touch on the issue of ecological integrity. Every single park in Canada is enshrined with ecological integrity. It is the primary lens by which parks are managed. When we really set the footprint for urban parks in Canada, why should they not have the similar type of protection?

Based on my conversations with my constituents, as well as with many stakeholders who have worked on this issue for the last five decades, it is very clear to me that they are all looking for ecological integrity. I am confounded as to why the Conservative Party keeps bringing this up as an issue on which there should be some erosion.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, I explained fairly well in my speech that it would simply tie the hands of managers and prevent them from managing or adjusting other species within the park, whether insect infestations, fire, or any other issue that may come up over the next 100 years, because that is what is looked at when creating a national park. Most national parks now were created some 100 years ago. We are going to be celebrating that next year. They did not have the social or biological issues that exist now. This is not a typical national park. This is what should be recognized. It is unique and cannot be managed under the same systems as all other national parks.

[François Choquette, NDP, Drummond, QC]

Madam Speaker, I am pleased to rise again in the House to speak about the Rouge Park and the importance of environmental conservation in Canada.

My colleague may know that Canada is a signatory to the Convention on Biological Diversity. We must meet the Aichi targets, which involve conserving 17% of terrestrial lands and 10% of marine areas by 2020. We are not even close to reaching those targets. The Conservatives made some progress by creating a few parks.

Does my colleague believe, as I do, that the Liberal government must do much more than just improve the Rouge Park in order to achieve the objectives of the Green Budget Coalition, which is calling for the creation of six new parks? What does my colleague think of this?

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, the creation of protected areas is dear to my heart as well. We need natural spaces, but these do not necessarily have to be national parks. I do not think a lot of people understand what activities are restricted in national parks. There has been a significant controversy in the Okanagan area near my home, where there have been cattle grazing, hunting opportunities, berry picking, and so on for decades, centuries basically, but that is all threatened. All of those activities are threatened by the creation of a national park. There are other opportunities to protect that area for its natural attributes without doing it through a national park.

I agree that we need to create more conservation spaces, but I do not necessarily agree these all have to be done through national parks.

[Rachael Thomas, Conservative, Lethbridge, AB]

Madam Speaker, when it comes to national parks, they are created for the benefit of people, the conservation of land, and the protection of animals. That said, when we create parks, we do so with the knowledge that they are for this generation and the next. How would the proposed change in terminology potentially impact the use of parks by future generations?

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, again, the hands of managers would be tied by this wording of ecological integrity. As I said earlier, previous parks were planned and established by people who wanted to protect areas that were of significant value and had specific interests. This park is in an urban area and has specific interests as well, but we need to allow managers to be flexible.