House of Commons Hansard #109 of the 35th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was c-42.

Topics

Judges ActGovernment Orders

4:40 p.m.

Reform

Leon Benoit Reform Vegreville, AB

Madam Speaker, I would like to begin by commending the hon. member opposite for being a very eloquent speaker. That is a rare gift and it is very entertaining indeed to listen to the hon. member. I do congratulate him for that. The substance clearly is another issue entirely. There was a noticeable lack of substance to the member's speech.

I am here to talk about Bill C-42 which is a bill which was presented to the House from the Senate. I want to make it clear that what we are objecting to today is process. We are not objecting to Madam Justice Louise Arbour being appointed to do this international service that the member opposite talked about. Just to make it very clear, it is process which we are concerned with.

We have seen a complete lack of regard for democracy and a complete lack of democratic process in this House over the past three years. Actually, sometimes it sickens me. Closure is invoked almost daily. Legislation is rammed through by order in council day after day after day.

The Prime Minister tells government members of Parliament that they had better not vote against a government bill because if they do, they will not be running again as members of the Liberal Party. The Prime Minister did that when Bill C-68 was being debated in the House. That is a threat which clearly throws out the whole concept of democracy. The Prime Minister says to his own members of Parliament: "I am going to end your political career if you do not toe the party line".

The former Liberal MP in his speech in Toronto to the Rotary Club stated it very well. He said that the Liberal government is run by the Prime Minister and two or three key people.

We are arguing against the process. Reform does not believe that this bill should be passed. Therefore, pursuant to Standing Order 26(1), I move:

That the House continue to sit beyond the ordinary hour of daily adjournment for the purpose of considering amendments made by the Senate to Bill C-42, an act to amend the Judges Act and to make consequential amendments to another act.

Judges ActGovernment Orders

4:50 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

I would like to inform the hon. member for Vegreville that I cannot accept this motion since a time allocation motion dealing with this particular bill has already been accepted in this House.

Judges ActGovernment Orders

4:50 p.m.

Reform

John Williams Reform St. Albert, AB

Madam Speaker, on a point of order. The time allocation order that you refer to states: "and, 15 minutes before the expiry of the time provided for government business on the allotted day of the consideration of the said stage of the said bill, any proceedings before the House shall be interrupted".

We now have a motion, which is in accordance with our Standing Orders, which extends the time provided for government business. The time allocation motion is still in effect except that if the House approves the motion by the member for Vegreville, the House would now make another decision with respect to the time provided for Government Orders. Therefore I believe, Madam Speaker, you will find the motion in order because it is within the time allocation motion made earlier today by the government.

Judges ActGovernment Orders

4:50 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

On your point or order, the hon. member for St. Albert, I remain and I stand on the decision I have made on the motion for the member for Vegreville. We are now continuing debate. Does the hon. member for Vegreville want to continue on debate?

Judges ActGovernment Orders

4:50 p.m.

Reform

Leon Benoit Reform Vegreville, AB

Madam Speaker, as I was saying before I presented the motion, Reform will not support Bill C-42 because of process. I was talking about what has been wrong with the process in this House for the three years we have been here and before. This is not new.

This government has had three years to at least make it look like it is honouring some of the commitments which it made in the red book with regard to making this place more democratic, making government more accountable. In fact we have seen that it has moved farther and farther away. The government is now farther away from having a democratic government than anything we have ever had before. That is why we had better talk about process here.

I would like to comment on what should take place in this House and some changes that Reform has put forth. They are in our fresh start platform. They are part of our guarantee to Canadians that what we promised during an election campaign will be honoured. In this fresh start guarantee as we call it we give the power to the people in this country. We give the power to the people.

Some Liberals across the way are pretty uncomfortable with this and so they should be. They have heard the threats from the Prime Minister. He has told them they had better support government bills or they will not be running as Liberals next time. They know what happened this morning. A former Liberal member had his whole executive thrown out by the Liberal Party. How democratic is that? His whole party executive in his constituency was thrown out by this government. That is the most recent demonstration of the lack of democratic process in this place.

Reform wants to change this and we have put forth several specific proposals for doing that. They have actually been presented in the House before.

One example is the right to recall a member of Parliament. We want to give people the direct power to fire their members of Parliament between elections if they are not representing the constituents' views in this House. Clearly members of Parliament are not representing the views of their constituents in this House if they live under this threat by the Prime Minister. They will not be allowed to run again under the Liberal Party banner because the Prime Minister will not sign their nomination papers.

We know there are not many members of Parliament who win as independents. Some of these Liberals sitting across the way should be thinking about that because quite possibly some of them will not be allowed to run again under the Liberal banner. Their chances of getting elected as independents are very slim. There are very few who could in fact do that.

The member of Parliament for Beaver River has twice sponsored a bill in this House which would have given to the people the power to fire their member of Parliament between elections if the member was not representing the wishes of the constituents. Twice it was shot down by the Liberals and the Bloc who voted against the bill on both occasions. They teamed up and shot down this bill which would have given that kind of power to the people.

There was a second piece of legislation which was sponsored by the member for Mission-Coquitlam, a Reform member of Parliament. It would have put in place freer votes in the House of Commons. It was a very simple change which would have made it so a government bill could be defeated without defeating the government. It would require a separate non-confidence motion to pass the House to bring the government down. The bill was shot down by the Liberals and the Bloc.

And they are laughing about denying Canadians the right to be represented in this House by members of Parliament who are responsible to the people rather than to the government and the Prime Minister. They are laughing about that kind of thing. Quite honestly I find that sad. It is sad. I would not laugh about that.

The member for Mission-Coquitlam sponsored the bill, a change that was made in the House in Britain probably 20 years ago. It was shot down by the Liberals and the Bloc, a second major change.

Let us talk about what would have happened had the recall bill and the bill which would have put in place freer votes in the House of Commons passed. Imagine what that would give to Canadians. It would give Canadians a power that they have never had before.

When the Prime Minister and the whip of the party tell the members that they will toe the party line whether or not their constituents back the bill, at that time the people back home would say: "You listen to us because we will recall you. We are going to fire you before the next election". The choice for the member would be either not to have the nomination papers signed or to be fired by the people back home. It would give more power to the people back home.

The freer votes would give members of the governing party, these same people who are heckling and laughing at these changes which really would give the power to the people, the right to represent the majority of their constituents in this House without the fear of defeating the government. They could defeat a bill. We as an opposition party might bring forth a non-confidence motion. Only if the motion passed would the government be defeated. The bill would not pass but the government would not be defeated.

These two changes would completely change the relative power of the people and of the Prime Minister and the little select group that runs the country now. They would change the system from a system that my two 17-year old sons recognize pretty much as an elected dictatorship. That is their own evaluation of our system which I think is very accurate. They would change the system to one in which Canadians really did have the power over their members of Parliament and where their views really would be represented in this House. That will be a change that Canadians will welcome and a change that is long overdue.

Those two changes alone completely retilt the balance of power toward the people. We are also proposing a triple E Senate, a Senate that is elected by the people, not appointed by the Prime Minister and that small group of people who run the country, according to my sons' evaluation, with an equal number from each province, not the imbalance that we have now, and a Senate which

is effective enough to stop legislation that is unfair to any region of this country.

I know and people from Alberta and western Canada certainly know that we should have had that when the national energy program was put in place. It would have never been put in place. The triple E Senate would stop this kind of nonsense.

Another change that we put in our fresh start guarantee is the use of national referendums to settle issues like capital punishment, abortion and physician assisted suicide. These are important social issues and important to a wide range of Canadians. This change would put power directly in the hands of the people. They would not have to go through their member of Parliament any more. This would give people an equal say on settling these important issues, abortion, capital punishment, physician assisted suicide and so on. That is a change which Canadians certainly would welcome.

These members scoff and laugh at that change because they just do not understand that we could have a system that is that democratic. That is the kind of system Reform wants, the kind of system supporters of Reform want and the kind of system that we are going to do our best to put in place.

At this time I would like say that these changes are changes that Canadians do support right across the country. These are changes that this Liberal government has had three years to put in place and which Liberal governments of the past have had 20 years out of the past 30 to put in place. They have not been put in place.

It is a sad commentary on the lack of a belief in true democracy on the part of this government, and Canadians, I believe, will not tolerate it. This next election will be as much about making the system democratic as it is about anything else. Reform is the only party that will offer a true democratic government in this country. We know that because the Liberals have shot down all these motions and bills that we have brought forth which would have made the changes needed to make this country democratic. They should be ashamed.

Judges ActGovernment Orders

5 p.m.

Prince Albert—Churchill River Saskatchewan

Liberal

Gordon Kirkby LiberalParliamentary Secretary to Minister of Justice and Attorney General of Canada

Madam Speaker, thank you for this opportunity to make a few comments and ask some questions of the hon. member for Vegreville with respect to Bill C-42.

This is certainly a great opportunity for Canada to participate in the international stage and once again show the leadership that Canada is known for. It is probably enforcing and assisting to enhance the role of the rule of law in the international forum. We know that it is out of respect for Canada's integrity, its peaceful nature and its reputation for fairness that it has been asked to participate at such a high level in prosecuting war crimes, war crimes that involve some of the most heinous and violent activity, activity which can only be viewed as an abomination. Certainly, right thinking people who view nations as having a responsibility to participate in enhancing this role and in bringing those to justice who have perpetrated these crimes would support participation.

The Reform Party is suggesting that there is a technical breach. There is not. It is quite clear that proper authorization was given to Madam Justice Arbour to participate in this forum. The purpose of this bill is to allow the United Nations to pay Madam Justice Arbour directly in order to allow compliance with United Nations rules. Clearly the steps which have been taken have been entirely appropriate in complying with the law and in changing it in order to facilitate the applicability of UN rules.

I put a question to hon. members of the Reform Party. When it comes to international activity, to helping other nations, to standing up for the rule of law, international fairness and morality, and to ensuring that we take a tough stance against violence in the international forum, why is it that every time we seek to engage in such noble purposes the Reform Party tries to undermine us by bringing forth erroneous objections? I would like to know why the Reform Party is stalling and filibustering when this activity is so important to Canada and its reputation.

Judges ActGovernment Orders

5:05 p.m.

Reform

Leon Benoit Reform Vegreville, AB

Madam Speaker, I am saddened that the member of the governing party has completely distorted what Reform has done on international issues. Our member of Parliament for Red Deer has done an admirable job in giving advice to the foreign affairs minister, in particular, with respect to serious situations. That advice has been heeded in some cases, although not enough.

We made it very clear that we do not object to this judge's doing that work. We object to the process that is being used. We object to the government's breaking the law. We do not think it should be violating the Judges Act. That is what we believe.

Judges ActGovernment Orders

5:05 p.m.

Liberal

Marlene Catterall Liberal Ottawa West, ON

Madam Speaker, I have some questions for the Reform Party.

I have listened to the debate throughout today and yesterday and I have heard some very disturbing comments. The member for St. Albert said yesterday: "Surely they could have found someone else. Surely there is somebody else who could do this important job. Surely there is somebody else who is equally qualified".

I do not know why Reform members have such problems being proud that a Canadian was chosen by the United Nations as the best person to do this job and why they have such a problem facilitating

a competent Canadian who has been internationally recognized as being capable of doing this job.

Perhaps Reformers are suggesting that Madam Justice Louise Arbour should do this job and not receive any salary while she is doing it. I am totally confused about what their purpose is. I do know they have chosen to waste a full day to debate a bill and to complain at the same time about wasting the time of the House of Commons in dealing with this.

They have complained that we are not obeying the law. We recognize there is a section of law that has to be changed to accommodate this very unusual situation. Canada and Madam Justice Arbour have been honoured by this appointment.

Why, if they are so concerned about this, have they spent the entire day debating everything except the subject matter of the bill before us at a cost to the Canadian taxpayers of $80,000 an hour for every hour the House of Commons sits? Why do they have so much trouble accepting that the international community wants to honour one of our own? Why have they chosen to spend more than a full day debating issues unrelated to this bill, issues that they can choose to debate on any opposition day? I wish they could answer those questions.

Judges ActGovernment Orders

5:10 p.m.

Reform

Leon Benoit Reform Vegreville, AB

Madam Speaker, once again, we are not objecting to Madam Justice Louise Arbour. We are not reflecting on her character or her capabilities in any way. We have made that very clear throughout this debate.

We are objecting to process. We clearly do not believe the government should break the law even if it is only breaking it by a little bit. We do not believe it should be violating the Judges Act. Let us make the appropriate changes in a democratic way.

Judges ActGovernment Orders

5:10 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

Questions and comments.

We will resume debate with four minutes left.

Judges ActGovernment Orders

5:10 p.m.

Reform

John Williams Reform St. Albert, AB

Madam Speaker, I rise on a point of order. I move that the member for Wild Rose now be heard.

Judges ActGovernment Orders

5:10 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

I will recognize the hon. member for Wild Rose, but I would like to advise him there is only one minute left in the debate.

Judges ActGovernment Orders

5:10 p.m.

Reform

Myron Thompson Reform Wild Rose, AB

Madam Speaker, one minute of debate. That is not much. If you are going to talk about what is wrong with this government you need about four days.

Just a quick note. Among all the things we heard today was that the Prime Minister was not going to sign the nomination papers of those who would not vote the right way like on the gun bill and a few other things.

The members on that side of the House kept saying that is not so. I wonder if they could explain this article:

Toronto-Rebel MP [for York South-Weston's] riding association was disbanded by Liberal Party brass yesterday in an effort to prevent the GST martyr from seeking re-election.

That is Liberal democracy. That is the one thing they deny all the way. Even this member who would like to run for the-

Judges ActGovernment Orders

5:15 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

Pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the report stage of the amendments made by the Senate to the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

Judges ActGovernment Orders

5:15 p.m.

Some hon. members

No.

Judges ActGovernment Orders

5:15 p.m.

Some hon. members

Yes.

Judges ActGovernment Orders

5:15 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

All those in favour of the amendment will please say yea.

Judges ActGovernment Orders

5:15 p.m.

Some hon. members

Yea.

Judges ActGovernment Orders

5:15 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

All those opposed will please say nay.

Judges ActGovernment Orders

5:15 p.m.

Some hon. members

Nay.

Judges ActGovernment Orders

5:15 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

In my opinion, the nays have it.

I declare the amendment lost.

(Amendment negatived.)

Judges ActGovernment Orders

5:15 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

The next question is on the main motion.

Judges ActGovernment Orders

5:15 p.m.

Bloc

René Laurin Bloc Joliette, QC

On a point of order, Madam Speaker. The question is on the amendment to the amendment, right?

Judges ActGovernment Orders

5:15 p.m.

Some hon. members

No.

Judges ActGovernment Orders

5:15 p.m.

The Acting Speaker (Mrs. Ringuette-Maltais)

Yesterday's amendment to the amendment? We are now discussing the main motion.