Mr. Speaker, my comments perhaps will be somewhat limited, because I plan to deal with only one aspect of the legislation. That aspect deals with Motion No. 19 and the suggestion that the defence of due diligence should apply to the legislation.
As much as I believe in the system of justice we have and that we must always put in all defences possible for the enforcement of laws and the defendant should have defences such as due diligence, et cetera, available, I am suggesting that the motion should be defeated and that such a defence should not be allowed and not be applicable in a bill such as Bill C-61. There are a number of reasons why I suggest this. It comes from looking at the system we have in Canada in the food processing industry, which is perhaps one of the best in the world. If we allowed such a defence of due diligence to apply, we would be diluting the system we have. We would be regressing rather than progressing.
Let me give an example of a possible occurrence. I have earned money in the past by defending individuals using defences like this. Let me give an example of why the system perhaps should not have this particular defence.
If an importer brings in a particular product, whether it be cheese, bread or whatever, and there is something wrong with the product and it is contrary to the legislation and therefore subject to penalty under this statute, the person could be brought forward and could claim due diligence. He could say: "I contacted the manufacturer and he absolutely guaranteed that there was nothing wrong with this product. The foreign processor told me that every precaution was taken to make sure this food was safe. The foreign processor told me that spot checks, et cetera, have been done on this food and it is fine. I have used all due diligence in making sure the product is safe."
If the defence is available, the person should not be subject to the penalties. That certainly does not help the consumer who may be ingesting this food and getting ill or perhaps even dying from that food. The importer must go further.
If the importer is subject to the penalties in this act, the importer must be in a position to say: "I did spot checks. I tested this food and I made certain it was safe". It is not good enough because if due diligence applied, the importer could always rely on it and always bring in unsafe food although the processor in the foreign country indicated it was good enough.
We require this rule so foreign processors cannot bypass the safety standards of our country. We require it so that if the importer is in violation of this act, the importer can go back to the foreign processor and say: "What you told me was not good enough. You must take other steps to ensure and guarantee this product is good. If you do not do that, I will change suppliers because I do not want to be brought forward again and punished for being in contravention of the act". That is why due diligence should not apply.
Due diligence is applicable in many other areas of our justice system but should not be in the food processing industry. Again, this shows why Canada has one of the best food systems in the world. If we allow such a defence we are going to be regressing rather than progressing in the future, regressing because errors will not be corrected and the same problems will arise. If we allow it, this would be small comfort to an individual who might ingest an adulterated food that might cause serious injury or possibly even death.
The system put in place by Bill C-61 is a quick system. It is effective but it will not be painless. It cannot be painless. There has to be some pain but it does not have to be overly excessive. The person who violates the provisions of the bill must be brought to task for what has been done. However, Bill C-61 does not provide for imprisonment. It does not give the person a record of conviction of an offence and the penalties are rather modest but they are punitive to some extent and therefore serve the purpose required. The person who is contravening the legislation does not want to be brought back over and over.
Absolute liability offences are absolutely necessary in the food industry. They are absolutely necessary to protect people. Everyone knows this. I am sure the member for Kindersley-Lloydminster knows how important it is that any grain produced on his farm is not adulterated, that it has not been treated or accidentally adulterated with some chemicals, then sold and put into the food processing chain for someone else to eventually consume. It is as important there as it is in the processing industry. It is as important there as it is in the importing business.
How do we deal with it? Do we adopt a system where a person ends up going through a regulatory system with charges laid and the process going on and on? People like me in my other world relish such a system where things would work well for me. Or do we put in a system that is effective and efficient? I suggest when it is contraventions in the food industry, it has to be done quickly. It has to be done effectively because we cannot afford to have contraventions that continue over a period of time with adulterated food that keeps entering and maintaining itself in the food system while the possible contravention is being dealt with in the court system. It has to be quick. It as to be effective. The health of our public is too important.
The health of the people to which we export is too important. Canada's reputation is too important. We cannot afford to tarnish it by having our food system in any way hampered and looked on by people in this country and foreign countries, saying: "We do not know if we can rely on it. It is generally a good source, but it is not that good a source". We cannot afford such a reputation. The reputation has to be that ours is superior to everyone else, or as good as the best that there is.
The policy obviously is to maintain a very high standard. We must maintain it. It helps exports in the future and it certainly helps in the production and the processing of products.
As indicated by the hon. member for Malpeque, other common law defences are still available to a person. Due diligence is not the be all and end all if we do not accept it.
For the reasons I have given, I suggest that due diligence should not be a defence. Motion No. 19 should fail.