Mr. Speaker, I would like to begin by indicating that I am disappointed about two things. One is, of course, the small number of MPs present across the way. It is very disappointing, especially since this bill is so important to so many of our fellow citizens. During part of the debate, there was only one Liberal present. That is really disappointing.
The second disappointment is about this government's practice of introducing bills in the Senate rather than the House of Commons. The government's legislative measures should be introduced and debated in the House of Commons, where the elected representatives are found, not in a House of unelected members, who are therefore not representative.
As for Bill S-5, I will start right off by saying that the Bloc Quebecois supports this bill at third reading. Its purpose is to enhance the equality rights of the disabled and to amend the Canadian Human Rights Act.
One of the three main objectives of the bill is to amend the Canada Evidence Act and the Criminal Code. The amendments to the Canada Evidence Act will make it possible to use whatever means are necessary to enable a witness who has difficulty giving testimony to do so. This would, for instance, include the use of sign language interpreters for hearing impaired people called on to testify.
There are also certain amendments to the Criminal Code. Clause 2 of the bill creates a new offence, sexual exploitation of a person with disability. This is distinct from the general offence of sexual assault, and is in response to demands from a number of groups representing the disabled, many of whom we met with.
One might wonder, however, and I think this is a very legitimate point, why the sentence is less severe, being a maximum of five years, than in the case of the general offence of sexual assault as set out in section 271 of the Criminal Code. We will see how the case law evolves with respect to this new offence, or whether charges of sexually assaulting disabled individuals will still be tried under the already existing general provision.
Other provisions will finally make it easier for persons with disabilities to serve on a jury. The disabled are full-fledged citizens and wish to share fully in the rights and responsibilities of any citizen. Serving on a jury is a good example.
We are therefore in favour of these amendments, because they will improve access to the criminal justice system for persons with disabilities, and because they are a response to long-standing demands from groups representing the disabled.
Let us now turn to the Canadian Human Rights Act. With respect to the requirement to accommodate needs, this aspect of the bill is the one that has understandably received the most attention, both from persons with disabilities and from federal employers. We will see how existing case law incorporates this new provision.
We hope that the obligation to accommodate needs will lead to better integration of persons with disabilities in federally regulated businesses. This is what many groups of disabled persons that we met with are hoping for and it is a hope shared by the Bloc Quebecois.
We also hope that interested groups and individuals will become actively involved in formulating regulations on the criteria for evaluating undue hardship. No one is in a better position than persons with disabilities and employers—rather than technocrats in their federal government ivory towers—to establish regulations following the passing of this bill.
Finally, and I will be very brief, because I do not want to go on like my colleague before me, I want to speak of the Canadian Human Rights Tribunal.
At second reading and during consideration in committee, we expressed certain reservations about the independence of the Canadian Human Rights Tribunal proposed in the bill.
It is noteworthy that, on February 23, in the matter between Bell Canada and the Canadian Telephone Employees Association, the federal court found the existing human rights tribunal to be unconstitutional because of its lack of independence from the Minister of Justice and the Canadian Human Rights Commission.
We believe Bill S-5 would ensure the tribunal's independence by drawing on the provisions governing Quebec's human rights tribunal. Quebec, I would point out, sets the example in this area.
That said, the proposed tribunal responds to a number of the questions raised by the federal court, and we believe it would have greater independence than the existing tribunal. It would be up to the courts and case law to determine whether this is so.
Therefore, the Bloc Quebecois will support this bill at third reading. I now give the floor over to other members.