House of Commons Hansard #93 of the 35th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was sentencing.

Topics

Committees Of The HouseRoutine Proceedings

10 a.m.

Kingston and the Islands Ontario

Liberal

Peter Milliken LiberalParliamentary Secretary to Leader of the Government in the House of Commons

Mr. Speaker, I have a motion I would like to put with unanimous consent.

It deals with the 28th report of the Standing Committee on Procedure and House Affairs. It was concurred in yesterday by the House with consent. Apparently it has caused some difficulty in the committee's branch to have this report take effect as of today. It would prefer to defer the implementation of the report, which deals with the allocation of rooms for committees, until October 3.

Accordingly, I move:

That the committee room assignment system contained in the 28th report of the Standing Committee on Procedure and House Affairs and adopted by the House of Commons on September 19, 1994 come into effect on Monday, October 3, 1994.

I think there would be unanimous consent for that motion.

Motion agreed to.

PetitionsRoutine Proceedings

10 a.m.

Liberal

Janko Peric Liberal Cambridge, ON

Mr. Speaker, I have the honour to table a petition containing approximately 75 signatures which was forwarded to me by a constituent in my riding of Cambridge.

The petitioners pray and request that Parliament not amend the human rights code, the Canadian Human Rights Act or the Charter of Rights and Freedoms in any way which would tend to indicate community approval of same sex relationships or homosexuality.

PetitionsRoutine Proceedings

10 a.m.

Reform

Lee Morrison Reform Swift Current—Maple Creek—Assiniboia, SK

Mr. Speaker, I have two petitions from constituents of mine in the two districts of Burstall and Maple Creek. The petitions are very similar in content so I will read only one of them.

Whereas the Criminal Code of Canada, section 241, states that anyone who counsels a person to commit suicide or aids or abets a person to commit suicide is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; whereas the Supreme Court of Canada recently upheld section 241 of the Criminal Code of Canada in the Rodriguez decision, recognizing that section 241 was enacted to protect all individuals, including the disabled, the terminally ill, the depressed, the chronically ill and the elderly; and whereas if section 241 were to be struck down or amended such protection would no longer exist, we, your humble petitioners, therefore pray that Parliament not repeal or amend section 241 of the Criminal Code in any way and uphold the Supreme Court of Canada decision of September 30, 1993 to disallow assisted suicide or euthanasia.

I concur with these petitioners.

PetitionsRoutine Proceedings

10:05 a.m.

Reform

Dave Chatters Reform Athabasca, AB

Mr. Speaker, in accordance with Standing Order 36 I would like to present four petitions from various districts of my constituency. All are of similar content.

The petitioners request that Parliament not amend the human rights code, the Canadian Human Rights Act or the Charter of Rights and Freedoms in any way which would tend to indicate societal approval of same sex relationships or of homosexuality, including amending the human rights code to include in the prohibitive grounds of discrimination the undefined phrase sexual orientation.

I concur and support these petitioners and would like to present these petitions.

PetitionsRoutine Proceedings

10:05 a.m.

Liberal

Tom Wappel Liberal Scarborough West, ON

Mr. Speaker, I have three petitions this morning.

The first petition contains 1,018 signatures from across the country concerning the subject of witness protection. This simply adds to the total of thousands upon thousands of signatures that I have presented in this and the last Parliaments dealing with the subject of witness protection and calling on the

Parliament of Canada to enact a witness protection and informant law.

I draw to the attention of the House that my bill on this subject will be coming up for a final hour of debate and vote on September 26.

PetitionsRoutine Proceedings

10:05 a.m.

Liberal

Tom Wappel Liberal Scarborough West, ON

Mr. Speaker, the second petition is signed by people from Scarborough, Ontario and points close thereto concerning the Young Offenders Act calling on Parliament to provide heavier penalties for those convicted of violent crime.

I remind them that we are currently debating a bill in the House on this subject.

PetitionsRoutine Proceedings

10:05 a.m.

Liberal

Tom Wappel Liberal Scarborough West, ON

Finally, Mr. Speaker, I have a petition signed mainly by people living in the city of Etobicoke in the municipality of metropolitan Toronto.

The petitioners call on Parliament not to amend the Canadian Human Rights Act or the Charter of Rights and Freedoms in any way which would tend to indicate societal approval of same sex relationships and to ensure that no amendments are passed using the undefined phrase sexual orientation. I completely concur.

PetitionsRoutine Proceedings

10:05 a.m.

Liberal

Walt Lastewka Liberal St. Catharines, ON

Mr. Speaker, I rise today to place before the House a petition signed by over 1,000 people from St. Catharines and surrounding area.

The petitioners state that they abhor crimes of violence against persons. We believe that killer trading cards offer nothing positive for children or adults to admire or emulate but rather contribute to violence.

The petitioners ask Parliament to amend the laws of Canada to prohibit the importation, distribution, sale and manufacture of killer cards in law and to advise producers of killer cards that their product, if destined for Canada, will be seized and destroyed.

I have spoken in the House before about the harm to society of serial killer cards. I would like to reiterate my support for this petition.

Questions On The Order PaperRoutine Proceedings

10:05 a.m.

Kingston and the Islands Ontario

Liberal

Peter Milliken LiberalParliamentary Secretary to Leader of the Government in the House of Commons

Mr. Speaker, the following questions will be answered today: Nos. 66, 68 and 70.

Question No. 66-

Questions On The Order PaperRoutine Proceedings

10:05 a.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

For the years 1992 and 1993, have any departments, agencies or crown corporations contributed funding to Planned Parenthood of Canada or to Planned Parenthood International and, if so, ( a ) which ones and ( b ) in what amounts?

Questions On The Order PaperRoutine Proceedings

10:05 a.m.

Kingston and the Islands Ontario

Liberal

Peter Milliken LiberalParliamentary Secretary to Leader of the Government in the House of Commons

I am informed by the Canadian International Development Agency (CIDA) and the Department of Health as follows:

(a) & (b)

Question No. 68-

Questions On The Order PaperRoutine Proceedings

10:05 a.m.

Bloc

Gilbert Fillion Bloc Chicoutimi, QC

What are the government's plans for the development of the sea terminal at Grande-Anse over the short, medium and long term?

Questions On The Order PaperRoutine Proceedings

10:05 a.m.

Acadie—Bathurst New Brunswick

Liberal

Douglas Young LiberalMinister of Transport

The port of Saguenay has sought approval to develop a new forest products terminal at Grande-Anse. It proposes that on the basis of its own traffic forecasts, current facilities will soon be at capacity and a new facility is required.

Port Saguenay is administrated by the Canada Ports Corporation, a commercial crown corporation. Infrastructure developments undertaken by the corporation must be commercially viable.

The proposal to expand the Grande-Anse terminal was only put forward on the basis of $23.5 million in grant funding being available to finance the project. This grant funding is not available and the expansion is currently on hold. The Canada Ports Corporation will continue to monitor the viability of the proposed expansion.

Question No. 70-

Questions On The Order PaperRoutine Proceedings

10:05 a.m.

Bloc

Paul Crête Bloc Kamouraska—Rivière-Du-Loup, QC

With regard to the $70 million cut in the budget of the Federal Office of Regional Development (Québec), what is the distribution by sector of the $14 million for 1994-95 and how is the remaining $56 million being distributed for subsequent years?

Questions On The Order PaperRoutine Proceedings

10:05 a.m.

LaSalle—Émard Québec

Liberal

Paul Martin LiberalMinister of Finance and Minister responsible for the Federal Office of Regional Development-Quebec

The Federal Office of Regional Development-Quebec resource envelope consists of appropriations for programs approved by Treasury Board-we call this our "A Base"-and a sum of money not yet allocated to a specific program (regional development reserve).

It is anticipated that the $70 million cuts will partly be applied to our "A Base" ($34.77 million) over the three-year period. The balance ($35.23 million) will reduce the funds in the regional development reserve.

Starred QuestionsRoutine Proceedings

10:05 a.m.

Kingston and the Islands Ontario

Liberal

Peter Milliken LiberalParliamentary Secretary to Leader of the Government in the House of Commons

Mr. Speaker, would you be so kind as to call Starred Question No. 33.

Question No. 33-

Starred QuestionsRoutine Proceedings

10:05 a.m.

Bloc

Francine Lalonde Bloc Mercier, QC

What effect do the new unemployment insurance measures contained in the Budget have on the accounts kept for the Unemployment Insurance Account, and what impact will they have on balancing the books for the Account?

Starred QuestionsRoutine Proceedings

10:05 a.m.

Kingston and the Islands Ontario

Liberal

Peter Milliken LiberalParliamentary Secretary to Leader of the Government in the House of Commons

The answer is as follows: The changes to the Unemployment Insurance Program announced in the February 24, 1994 budget will reduce benefit expenditures by $500 million in 1994, $2.1 billion in 1995 and $2.4 billion in 1996. These are calendar years. The planned annual surplus for 1994 in the Unemployment Insurance Account is $240 million, which should bring the accumulated deficit down to $5.6 billion, by December 31, 1994.

Premiums rates will be rolled back to their 1993 level in 1995 and 1996, and the accumulated deficit in the UI Account should be eliminated by the end of 1996.

Starred QuestionsRoutine Proceedings

10:10 a.m.

The Speaker

Shall the remaining questions be allowed to stand?

Starred QuestionsRoutine Proceedings

10:10 a.m.

Some hon. members

Agreed.

Request For Emergency DebateRoutine Proceedings

10:10 a.m.

The Speaker

I have received an application pursuant to Standing Order 52 for an emergency debate. I would call on the hon. member for Kamloops.

Request For Emergency DebateRoutine Proceedings

10:10 a.m.

NDP

Nelson Riis NDP Kamloops, BC

Mr. Speaker, I rise under the provisions of Standing Order 52 to ask that the House now adjourn to examine what can only be considered to be a crisis on the west coast of Canada.

The disappearance of 1.3 million salmon from the Department of Fisheries and Oceans management surveys ought to give rise to an immediate examination of our policies on the west coast. This crisis is now attached to the commercial fishery, to the aboriginal fishery and to the sports fishery in the salmon sector, to say nothing of other species as well.

Considering what has occurred on the east coast as a result of years of ignoring the reality of what was happening to the resource, a similar situation may exist on the west coast. One point three million salmon have disappeared and no one knows what has happened to them. This ought to result in a special debate in the House of Commons. It is a non-partisan issue, a non-political issue, but one that I know all political parties here, as well as others, would feel very strongly about.

Request For Emergency DebateRoutine Proceedings

10:10 a.m.

The Speaker

I can well understand the great interest the hon. member has in this particular issue. As the House will recall, yesterday we had application for a similar request for an emergency debate.

In my view, the situation has not changed in the last 24 hours. I would rule that the application will be denied at this time. Perhaps at a later date we could look at it again.

On the Order: Government Orders:

June 21, 1994-The Solicitor General of Canada-Second reading and reference to the Standing Committee on Justice and Legal Affairs of Bill C-45, an act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act.

Corrections And Conditional Release ActGovernment Orders

10:10 a.m.

Windsor West Ontario

Liberal

Herb Gray LiberalLeader of the Government in the House of Commons and Solicitor General of Canada

Mr. Speaker, I move:

That Bill C-45, an act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prison and Reformatories Act and the Transfer of Offenders Act, be referred forthwith to the Standing Committee on Justice and Legal Affairs.

Mr. Speaker, I am pleased to open debate on this motion to refer Bill C-45 to the justice and legal affairs committee before second reading.

This approach makes it easier for the committee and the government to consider changes to the bill in light of the proceedings of the committee. I am pleased to present this bill under the new House rules, which I sponsored as House leader last February and which were adopted unanimously by all parties.

Again I express my appreciation for the approach to these rule changes on the part of the various parties in the House. As I said at that time, the government was implementing a number of commitments that we made during the election campaign in the red book, and subsequently in the throne speech, aimed at revitalizing the House of Commons. In particular, we wanted to give members the opportunity to be more actively involved in the development of legislation.

Changing the rules of the House does not on its own bring about this revitalization. It is the extent to which the new procedures are used that makes the difference. It is up to members on all sides of the House to make the changes work. Therefore I am pleased to help bring these changes into effect in a meaningful way by proceeding with Bill C-45 under the new framework.

Turning to the bill, I believe it is important because it addresses significant issues of public protection in the area of corrections and parole. These are issues on which this government promised action in that same red book as part of its agenda to bring about safe homes and safe streets for Canadians. With this bill we are delivering on these promises.

Mr. Speaker, this government is sensitive to the public's concerns about criminal justice. Canadians are particularly concerned about violent crimes and sex offences, especially when the victims are children. With this bill, we will be able to tackle these problems.

Time is limited as each of us has only 10 minutes to speak in this debate. I want to highlight a few of the important provisions of the bill. I will discuss others in more detail when we go to committee.

This bill will change the test for the detention to the end of sentence for those offenders who commit sexual offences against children. At present, the Corrections and Conditional Release Act permits the National Parole Board to detain sex offenders and certain other high risk offenders until the end of their sentence if they cause serious harm and are likely to commit an offence causing death or serious harm if released.

In the case of child victims, serious harm caused by an offender may not be evident for a number of years. The victim may be too young to adequately communicate the impact of the offence. Therefore it is difficult for the parole board to make a determination that serious harm was caused to a child so that the offender should be detained until the end of sentence.

The amendments in the bill would make it easier for the parole board to detain in penitentiary until the end of their sentence sex offenders who victimize children by removing the requirement that serious harm must be established as the criterion for detention. This would give the board authority to detain such a sex offender if a further sex offence against the child is likely.

I should point out the measures in this bill are needed not because we say that sex offences against children are considered more serious than those against adult victims, but because the current legislation has proven less effective in cases involving children.

We will also be making other improvements in the availability of treatment for sex offenders in the community and in prison.

Another area of concern to the Canadian public is the credibility and accountability of the National Parole Board. Our priority is the protection of the public. One way of achieving this is through a responsible and well managed conditional release process.

In most cases gradual transition from custody to the community under supervision and control and with support and assistance is the safest way to release offenders. It enables parole authorities to gauge an offender's ability to maintain a law-abiding life and to return him or her to custody should the level of risk appear to be increasing. Successful adjustment by the

offender during the conditional release period provides the best chance for his or her continuing law-abiding behaviour and as a result for long term public safety.

Mr. Speaker, the adequacy of the people designated by the National Parole Board is critical if judicious decisions are to be made. We undertook to have commissioners selected on the basis of merit and qualification. I would say that the latest appointments made by this government, particularly in the case of the president of the board, did meet these high standards.

In addition, board member training has been strengthened especially around the difficult process of risk assessment. This will become an ongoing process. A code of conduct has also been finalized. The bill before us will strengthen the accountability of the board by establishing a disciplinary review scheme for board members.

Let me turn to another matter which has rightly been the cause of strong expressions of concern. I am talking about the way our present law requires the calculation of sentences of offenders serving multiple terms. Because of the formula set out in the present law, it can happen that an offender on conditional release who receives a new sentence of imprisonment can remain eligible for release and even stay out of custody. Under Bill C-45 however, people reoffending while on parole will have to serve a substantial portion of any new sentence before even being considered for parole.

Finally, dealing with the issue of post-sentence detention, which is not treated directly in this bill, I want to remind the House that we are working with a special federal-provincial task force on high risk violent offenders. It is studying legislative and policy changes that would improve public protection from high risk and violent offenders once their initial sentence has expired. The task force is expected to release its report at the end of this year. In the light of this report, I and my colleague, the Minister of Justice, will move to develop practical, workable responses and measures to deal with the issue of post-sentence detention.

In closing, I would add that this bill and related initiatives make for a balanced response to the legitimate concerns of Canadians and their request for reform. A stronger system will thus improve public protection.

This bill is part of a strategic framework of initiatives that work together in order to carry out our red book agenda and demonstrates our commitment to safe homes and safe streets for all Canadians.

I look forward to the committee review process and anticipate productive discussion of amendments which will reinforce the intent of the legislation. The end result I am sure will be the improved safety of the public. Therefore, I conclude by formally moving:

That, pursuant to Standing Order 73(1), Bill C-45 be forthwith referred to the Standing Committee on Justice and Legal Affairs.

Corrections And Conditional Release ActGovernment Orders

10:20 a.m.

The Deputy Speaker

I now recognize the hon. member for Bellechasse for l0 minutes as he knows.