Mr. Speaker, Bill S-5 deals with several issues of interest to persons with disabilities. This government fully recognizes that it has an important role to play in ensuring that Canadians with disabilities are treated as full and equal participants in the mainstream of our society.
In December 1995, the Standing Committee on Human Rights and the Status of Disabled Persons recommended that the legislation be reviewed to reduce the difficulties faced by persons with disabilities.
In October 1997 after conducting extensive consultations from coast to coast, the federal task force on disability issues headed by the hon. solicitor general called upon the federal government to present amendments to the criminal law and to human rights legislation as soon as possible. Bill S-5 honours this request.
The Canada Evidence Act would be amended to recognize in legislation that communication assistance should be provided to any witness who has a communication related disability, and that any sensory method could be used for the purpose of identifying the accused.
The Criminal Code would be amended through Bill S-5 to allow witnesses with communication disabilities to use videotaped evidence. The Criminal Code would also be amended to include a series of changes designed to encourage persons with disabilities to serve on juries.
The Criminal Code would also be amended to create a new offence, section 152.1, prohibiting the sexual exploitation of vulnerable disabled persons so that persons with disabilities will not be sexually exploited. The committee has made recommendations to improve the section. The point is well taken and Bill S-5 as amended responds to the concerns raised.
The other important part of this bill is the package of amendments to the Canadian Human Rights Act which provides protection against discrimination at the federal level. This bill will enhance those protections for all Canadians.
The key element is the addition of an express duty to accommodate to the act. This amendment will require employers and service providers to accommodate the needs of persons protected by the act except where it would cause undue hardship.
The duty to accommodate is of vital importance to persons with disabilities as well as to groups such as religious minorities. The law will help to ensure equal access to the workplace and to goods and services.
There are other important changes to the act. This bill will extend the substantive protections of the law. For example it will prohibit compound discrimination involving discrimination on more than one ground. The law will also allow complaints where there is a discrimination in the provision of goods and services but an individual victim has not stepped forward. This amendment will ensure that there is no discrimination without redress.
There are also important changes to the prescribed remedial actions to make the act more effective. For example, the maximum penalty for pain and suffering would increase to $20,000 from $5,000.
Finally, some of the changes proposed by this bill concern the institutions responsible for enforcing the act. The Canadian human rights commission will report directly to parliament on an annual basis, which will symbolically attest the independence of the commission.
The human rights tribunal will be reconstructed as a smaller permanent tribunal with members with experience and expertise in human rights matters. A small permanent tribunal will adjudicate cases with greater expertise and efficiency. This new tribunal will operate in conformity with the principles of independence and impartiality.
These are some of the highlights of the proposed changes to the Canadian Human Rights Act, the Canada Evidence Act and the Criminal Code. Together these amendments represent an important step forward in our efforts to ensure that every individual is an equal member of our society. That is the commitment of this government.
The amendments contained in this bill are aimed at breaking down the barriers so that persons with disabilities and other individuals and groups can participate as full citizens of our country.
Underlying this endeavour are values which are important to Canadians such as equality, fairness and justice. That is what we are committed to. These are important values and ones which I know all my colleagues support. I am therefore very pleased to commend this bill to members of the House.