Evidence of meeting #12 for Public Safety and National Security in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was illegal.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Barry MacKillop  Director General, Law Enforcement and Border Strategies Directorate, Department of Public Safety and Emergency Preparedness
Superintendent Joe Oliver  Director General, Border Integrity, Royal Canadian Mounted Police
Steve Sloan  Acting Director General, Post Border Programs Directorate, Programs Branch, Canada Border Services Agency
Brenda Paine  Director, Office of Policy and Strategic Planning, Controlled Substances and Tobacco Directorate, Department of Health
Pierre Bertrand  Director General, Excise and GST/HST Ruling Directorate, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency
Dave Bryans  President, Canadian Convenience Stores Association, National Coalition Against Contraband Tobacco
Jean-Pierre Fortin  First Vice-President, Customs and Immigration Union, National Coalition Against Contraband Tobacco
François Damphousse  Director, Non-Smokers' Rights Association
Rob Cunningham  Senior Policy Analyst, Canadian Cancer Society

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

So it's $400 million over 10 years to the provinces and the federal government. So can we think that the royalties the federal government will receive are above $100 million?

5 p.m.

Senior Policy Analyst, Canadian Cancer Society

Rob Cunningham

It's over $800 million for the federal government.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

It's $800 million for the federal government?

5 p.m.

Senior Policy Analyst, Canadian Cancer Society

Rob Cunningham

Yes, for the three companies, for the federal and provincial governments, it comes to $1.7 billion.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

I understand that only $20 million has been put into combating contraband. I understood that, according to Mr. Damphousse, that is insufficient, and I agree. So all these millions of dollars would be paid into the consolidated fund. That is what I understood from Mr. Bertrand, that $80 million of the $100 million would go into the consolidated fund. For all the other millions of dollars, we don't really know. Has it been paid?

5 p.m.

Director, Non-Smokers' Rights Association

François Damphousse

All the other millions of dollars go into the consolidated fund as well, and a large portion goes to the provinces. You also have to know that a few months after the agreement with Imperial Tobacco and Rothmans, Benson & Hedges Inc. in July 2008, the federal government allocated about $300 million to help farmers, particularly to help them get out of the tobacco growing market. On the other hand, we are facing a major contraband problem and they decided to allocate only $20 million over four years, in other words, $5 million, to control a problem that generates tax losses on the order of over a million dollars for the federal government and the provinces.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

What I understand is that there is ordinarily more than $80 million in the consolidated fund.

5 p.m.

Director, Non-Smokers' Rights Association

François Damphousse

Let's look at the amounts for the first two companies. The penalty was on the order of $1.15 billion, so $300 million for the farmers, as I said. There is also $20 million for combating contraband. Part of the money goes to the provinces. There is also $550 million for the last agreement with JTI-Macdonald. That makes $1.7 billion. It is the highest penalty on record in Canada for a crime committed by a resident corporation. In our opinion, a good portion of that money should be used to prevent the problem we are currently facing.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

What I understand is that this $1.7 billion is in the consolidated fund, as you see it. Is that right?

5 p.m.

Director, Non-Smokers' Rights Association

5 p.m.

Senior Policy Analyst, Canadian Cancer Society

Rob Cunningham

For the federal government and the provinces.

5 p.m.

Director, Non-Smokers' Rights Association

François Damphousse

For the federal government and the provinces, yes.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

I would like to raise another point perhaps with Mr. Fortin. I'm looking at the presentation, I assume you represent...

5 p.m.

First Vice-President, Customs and Immigration Union, National Coalition Against Contraband Tobacco

Jean-Pierre Fortin

The Customs and Immigration Union.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

I was just questioning Mr. Oliver, from the RCMP, who gave me some rather impressive answers. Generally speaking, he told me that they don't dare to take action on the reserves, for public safety reasons, in particular to close down the illegal factories whose locations they know. In reply to the question from my colleague Mr. Davies, he said that none of those factories had been closed down. When we question that, we are told it is a matter of public safety.

Do you experience the same thing at customs? You can't take action on the reserves. Do you think that is reasonable?

5 p.m.

First Vice-President, Customs and Immigration Union, National Coalition Against Contraband Tobacco

Jean-Pierre Fortin

The biggest change observed was in Cornwall. From the point our officers went to Cornwall, the number of seizures shot up. That is the case for any criminal organization: we have actually become much more effective on the ground, but we see that organized crime is starting to change.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

It is on the move.

5 p.m.

First Vice-President, Customs and Immigration Union, National Coalition Against Contraband Tobacco

Jean-Pierre Fortin

Last week, I crossed the Mercier bridge and I had a view of a huge ship transporting cases of cigarettes, at 8:00 in the morning. They are doing it in broad daylight now.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

If I understand correctly, you or someone else in your organization can see these activities going on, but you can't do anything because it is happening on reserves, for public safety reasons, as the RCMP says.

5 p.m.

First Vice-President, Customs and Immigration Union, National Coalition Against Contraband Tobacco

Jean-Pierre Fortin

The problem is that we are confined to our offices, at present. We are making the argument that the law allows us to take action. If the RCMP asks us to support it, we can do that. However, we simply are not being asked. So it is rather frustrating for our people who would very much prefer to be mobile rather than immobile.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Right, I understand.

5 p.m.

Director, Non-Smokers' Rights Association

François Damphousse

May I add something to the answer?

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Yes, but quickly, because I have another question.

5 p.m.

Director, Non-Smokers' Rights Association

François Damphousse

Right. In fact, that is the reason why we advocate controls on raw materials.

5 p.m.

Bloc

Maria Mourani Bloc Ahuntsic, QC

Yes,that was precisely my question.