Debates of Sept. 21st, 1998

Swissair Flight 111

[Gilles Duceppe, Bloc, Laurier—Sainte-Marie, QC]

Mr. Speaker, like all Quebeckers and Canadians, we were dismayed to hear of the crash of Swissair Flight 111 on September 2.

The following day, on behalf of my Bloc Quebecois colleagues and all Quebeckers, I offered my deepest condolences to the families of those who perished in the tragedy off Peggy's Cove in Nova Scotia. Our heartfelt sympathy continues to go out to the families of victims.

I wish to offer special condolences to the friends and relatives of Yves de Roussan, a Quebecker working for UNICEF, who was among the victims.

The loss of over 200 lives in such circumstances is a shock to each and every one of us. It is a stroke of fate to which we cannot remain indifferent.

The loss of a loved one creates a void that is difficult to fill and reveals to us just how powerless we are in the face of such extraordinary events.

I can still see the quiet ceremony during which tribute was paid to the victims. Friends and relatives of these passengers on what was to have been an uneventful flight gathered to express their love for those who had perished. It was a very moving moment.

I would also like to mention the hard work and compassion of those who rushed to the scene of the accident in the hope of rescuing survivors.

Their efforts were unfortunately in vain, but I think I can safely say that their presence and their concern for the families of victims were a great comfort. I would like to thank all of them for their tremendous compassion.

[Gordon Earle, NDP, Halifax West, NS]

Mr. Speaker, it is with both sadness and honour that I rise today in this House on behalf of my caucus to express our feelings concerning the tragic crash of Swissair flight 111.

Like many of you, the news of Swissair flight 111 came to me as a shock, a shock that such a disaster could happen so close to home, so close to the tranquillity of Peggy's Cove. Like many others, as I stood on the rocks of Peggy's Cove that first morning looking out at the ocean at the rescue scene, I was filled with hopes and prayers that there would be survivors. It was so hard for all of us to accept the fact that this hope was to be in vain.

While the sadness persists, there is also an element of honour. This country can be very proud of the professional and efficient manner in which this disaster has been responded to by the many volunteers and professionals who saw the need and reached out quickly with compassion: the fisher people who on that fateful night pulled on their boots and without thought of self rushed out to sea to help; the Emergency Measures Organization; the military and the Canadian Coast Guard; the RCMP; the volunteer fire departments and rescue workers; the Transportation Safety Board; the harbour master; the Red Cross and Salvation Army; clergy and parishioners of all denominations; provincial and federal fisheries officials; politicians; and especially all the community residents from all walks of life.

Over these difficult days since the crash, my pride has been reinforced over and over again as I have watched the people of my riding and of the South Shore riding conduct themselves with dignity and unselfishly offer their skills, provide meals, open their homes and their hearts to help in any way they could. Even a special memorial service originally planned by the community to assist the area residents in dealing with their sorrow and grief was unselfishly shared with the country and indeed with the world.

When the media cameras were turned off and the rest of the country went back to the daily routine, the residents in and around Peggy's Cove were faced with a grim reality. Not only did they have to deal with the aftermath of haunting images and raw emotions, but also they were left with an economic crisis. Many of these people rely on the ocean for their livelihood, a livelihood that had been suspended. Everyone accepted that there must be restrictions around the crash site. Efforts have been made to resolve this very real problem. I on behalf of my constituents will continue to work co-operatively in that regard.

I thank my constituents for all that they have done and given to assist in this tragedy. Thank you also to the many other Canadians who showed love, compassion and the common bond of humanity in this time of great tragedy.

I extend on behalf of my caucus our sincere condolences to the families and friends of the victims and to all who suffered and continue to suffer as a result of this disaster. May God bless and comfort all of us.

[Elsie Wayne, Progressive Conservative, Saint John, NB]

Mr. Speaker, a tragedy of the magnitude of Swissair flight 111 is always difficult for us to comprehend no matter what the explanation.

On behalf of the Progressive Conservative Party of Canada I would like to extend our heartfelt condolences to the families of the victims of Swissair flight 111.

We could never fully appreciate the depth of their pain and grief, but our thoughts and our prayers are with each and everyone of them. Efforts continue to be made in the search for answers to this tragedy.

I would like to commend the actions of the Canadian forces, the Canadian Coast Guard, the RCMP, the Nova Scotia emergency services personnel, the Air Transportation Safety Board, local fishermen and the people of the south shore of Nova Scotia for the quality of their mercy, the professionalism and heroism shown throughout the emergency response effort. I want to thank the Prime Minister for attending the special service. We really appreciate that, sir. To all of them, we say God bless them all.

[The Speaker]

Under extraordinary circumstances, my colleagues, we sometimes take for us extraordinary measures. Will you please stand and join with me in a moment of silence.

[The Speaker]

I hope that friends and relatives of the deceased will be comforted, and may the victims rest in peace.

Canada Labour Code

[Lee Morrison, Reform, Cypress Hills—Grasslands, SK]

moved for leave to introduce Bill C-429, an act to amend the Canada Labour Code (severance pay).

Mr. Speaker, the purpose of this bill is to remove an anomaly from the Canada Labour Code which in certain cases makes it impossible for older workers upon dismissal to claim severance pay.

The problem is that under the Canada Labour Code if someone is entitled to pension benefits, even if they are much reduced pension benefits due to early retirement, that person is not automatically able to claim the same benefits under severance pay as younger employees. I believe that is wrong. That is the object of the bill.

(Motions deemed adopted, bill read the first time and printed)

Canada Transportation Act

[Lee Morrison, Reform, Cypress Hills—Grasslands, SK]

moved for leave to introduce Bill C-430, an act to amend the Canada Transportation Act (discontinued railway lines).

Mr. Speaker, this bill to amend the Canada Transportation Act has as its purpose the declaration of a moratorium of three years on the dismantlement of any abandoned rail line.

The reason is that once a line is abandoned, if immediate dismantlement is allowed, that line can never be put into productive use. If there were a three year moratorium it would give interested parties the opportunity to organize, raise financing and potentially put these lines back into service as privately owned short lines.

(Motions deemed adopted, bill read the first time and printed)

Petitions

[Nelson Riis, NDP, Kamloops, BC]

Mr. Speaker, it is an honour and a privilege for me to present a petition on behalf of a large group of petitioners from throughout the province of British Columbia and on behalf of my New Democrat colleagues in the House of Commons who support the petition against the MAI in principle and in content.

They point out that the MAI is simply one more step in a series of these agreements which, in the name of liberalizing trade and investment, expands the power of multinational corporations at the expense of the powers of governments to intervene in the marketplace on behalf of our social, cultural, environmental and health care goals.

The petition is too long to recite. It goes on to give hundreds of reasons to oppose the MAI. It is an honour to present it today, the first day back in this session of parliament.

[Paul Crête, Bloc, Kamouraska—Rivière-Du-Loup—Témiscouata—Les Basques, QC]

Mr. Speaker, I have the honour to present a petition signed by more than 500 of my constituents calling on Parliament to strike a joint parliamentary committee whose specific mandate would be to examine the ability of Canadian parliamentarians to narrow the gap between the rich and the poor in the new context created by market globalization and to propose concrete solutions.

This petition stems from the initiative undertaken by the member for Lac-Saint-Jean and strongly supported by all those who want to see a narrowing of the gap between the rich and the poor in our society.

[Peter Adams, Liberal, Peterborough, ON]

Mr. Speaker, I rise to present a petition on behalf of a number of citizens from Peterborough who have discussed with me their concern about the death benefit in the Canada pension plan.

The petitioners point out that the CPP is an integral part of the retirement income of Canadians. The CPP death benefit plays an important role for Canadians during a difficult and stressful time. They suggest that adequate notice was not given prior to the reduction of the death benefit.

Therefore these petitioners call upon parliament to address this oversight by rescinding the reduction and to acknowledge that the 30% reduction in the death benefit creates additional hardship for many Canadians.

[Bev Desjarlais, NDP, Churchill, MB]

Mr. Speaker, I rise on behalf of members of the Sagkeeng First Nations who comment on conditions in their community and call on parliament to put in place a process that will assist them in improving the quality of life in their community.

[Bev Desjarlais, NDP, Churchill, MB]

Mr. Speaker, as well I have a petition on behalf of a number of citizens of Ontario. They note the Treasury Board's bad faith in negotiating with federal workers and ask parliament to enact legislation that would broaden the scope of the Canada Labour Code to include all federal workers.

[John McKay, Liberal, Scarborough East, ON]

Mr. Speaker, I have the honour to present a petition on behalf of ethnic Chinese people from Indonesia.

The petition makes reference to human rights abuses and describes in some detail how 1,300 people were killed. It states that these human rights abuses cannot continue.

The petitioners ask that Canada, as a leader in human rights areas, ethically and morally, not stand by and do nothing. They call upon parliament to appeal to President Habibie of Indonesia to protect the human rights of ethnic Chinese.

[John McKay, Liberal, Scarborough East, ON]

Mr. Speaker, I have a second petition to present with respect to Bill C-225, an act to amend the Marriage (Prohibited Degrees) Act and the Interpretation Act, which would define in statute that a marriage can only be entered into between a single male and a single female.

[Peter MacKay, Progressive Conservative, Pictou—Antigonish—Guysborough, NS]

Mr. Speaker, I have two petitions to table today pursuant to Standing Order 36.

The first petition from the people of Pictou—Antigonish—Guysborough pertains to changes to the CRTC act and calls upon the government to review the mandate of the CRTC, specifically with respect to the licensing of sexually explicit and violent programming.

[Peter MacKay, Progressive Conservative, Pictou—Antigonish—Guysborough, NS]

Mr. Speaker, I wish to present another two petitions, again from the people of Pictou—Antigonish—Guysborough.

The petitioners call upon the government to review the Canada Food and Drugs Act with respect to certain amendments that they are calling for and, as well, they specifically ask the government to review the introduction of health products into the Canadian economy for freer introduction of those products.

[Lee Morrison, Reform, Cypress Hills—Grasslands, SK]

Mr. Speaker, over the course of the summer recess I received seven petitions bearing 883 signatures in total. The petitions come from the constituencies of Battlefords—Lloydminster, Regina—Qu'Appelle, Prince Albert, Churchill River and my own constituency of Cypress Hills—Grasslands. The seven petitions are similar in form and content. Therefore I will refer to only one of them.

The petitioners point out that there is no evidence that the registration of firearms will have any impeding effect on crime in this country. The petitioners point out that Bill C-68 would put an unnecessary burden on peace officers. The petitioners state that the search and seizure provisions of Bill C-68 would constitute a breach of traditional civil liberties.

Therefore, the petitioners humbly pray and call upon parliament to repeal Bill C-68 and all associated regulations with respect to firearms or ammunition and pass new legislation designed to severely penalize the criminal use of any weapon.

This brings to 3,989 the number of signatures that I have received on petitions of this nature in the last few months.

Questions On The Order Paper

[Peter Adams, Liberal, Parliamentary Secretary to Leader of the Government in the House of Commons]

Mr. Speaker, the following questions will be answered today: Nos. 14, 87, 95, 96, 97, 101, 102, 103, 104, 105, 106, 107, 112, 114 and 116. .[Text]

Question No. 14—

[Judy Wasylycia-Leis, NDP, Winnipeg North Centre, MB]

For the financial year 1997-98, how much money has the federal government ( a ) spent before September 1, 1997 and ( b ) allocated for the reduction of smoking in each of the following activity areas; (i) anti-smoking programs aimed at youth and young Canadians, (ii) research into tobacco use and its consequences, (iii) enforcement of federal laws on tobacco use, (iv) enforcement of laws against cigarette smuggling, (v) measurement of the tobacco use by Canadians, (vi) development of regulations under the new Tobacco Act, (vii) costs associated with the tobacco industry challenge of the Tobacco Act, (viii) cessation programs or other support for Canadians addicted to cigarettes, and (ix) grants and/or contributions to health and community organizations?

[Peter Adams, Liberal, Parliamentary Secretary to Leader of the Government in the House of Commons]

I am informed as follows:

Health Canada and Justice Canada

Before September 1, 1997, Health Canada and Justice Canada spent:

(a) (i) $17,000 (ii) $128,000 (iii) & (iv) $822,000 (v) $55,000 (vi) $75,000 (vii) $259,679.35 (viii) none (ix) $350,000

For the financial year 1997-98, Health Canada and Justice Canada allocated:

(b) (i) $200,000 (ii) $487,000 (iii) & (iv) $5.5 million (v) $210,000 (vi) $285,000 (vii) $2.0 million (viii) 0 (ix) $425,000

Revenue Canada

(a) & (b) (iii) The excise duty program is responsible for the protection of revenues for excisable goods subject to the Excise Act, including alcohol and beer, as well as tobacco products.

The enforcement of federal laws on tobacco use is an important part of the department's global strategy. However, the amount of money spent on enforcement is not broken down into specific commodities.

(a) & (b) (iv) Revenue Canada's customs contraband resources are dedicated to preventing not only tobacco but alcohol, drugs, firearms and other types of smuggling. As such, it is impossible to separate resources used solely for enforcing laws against tobacco smugling.

In 1997-98 the department received $23 million to implement an anti-smuggling initiative and allocated $19 million of the total to the Customs and Trade Administration Branch. To fight contraband smuggling, the department dedicated over 700 FTEs, full time equivalents, to the program, of which about 300 have been funded though the anti-smuggling initiative.

Apart from this special effort, the department also deploys over 3,500 uniformed customs officers across Canada to prevent smuggling, not only of tobacco, but other products as well.

Royal Canadian Mounted Police, RCMP,

(a) & (b) (iii) & (iv) It is impossible to detail the amount of funding for enforcement of federal laws on tobacco use or enforcement of laws against tobacco smuggling. The reason for this is that the RCMP priority under the customs ans excise program is the investigation of organized criminal groups involved in smuggling. Although a criminal organization may be involved in tobacco smuggling only, it is more often the experience of the RCMP that organized criminal groups are simultaneously involved in a variety of illegal activities. The most common illicit products are tobacco, liquor, drugs and firearms. Therefore, an investigation would overlap a number of illegal activities and contraband goods at the same time.

In general terms, the following can be provided in relation to customs and excise enforcement. The RCMP was provided with $66,300,000 for customs and excise enforcement and related statutes through the anti-smuggling initiative for the fiscal year 1997-98. Of this amount, $18,104,000 was provided directly to the integrated proceeds of crime initiative to support human resources and to cover the costs related to investigations of proceeds of crime activities related to the Customs and Excise Acts.

The remaining $48,196,000 is used to support 332 regular members and 25 public service support staff. In addition, there are 249 regular members and 33 public service support staff with the customs and excise program. These resources are funded through the “A” based RCMP budget. This would amount to approximately $25,000,000 per year.

In addition to the above, the cost of support programs to customs and excise enforcement would need to be included. There is, however, no way of determining the direct cost of these resources to tobacco related investigations.

Question No. 87—

[John Duncan, Reform, Vancouver Island North, BC]

What was the yearly amount paid for services rendered to the federal government and its agencies, from 1990 to 1997, to the following law firms; ( a ) Lang Michener; ( b ) Fraser Beattie; ( c ) Gowling Strathy; and ( d ) Fasken Calvin?

[Peter Adams, Liberal, Parliamentary Secretary to Leader of the Government in the House of Commons]

I am informed by all departments and agencies as follows:

(a) Lang Michener

1990-91—$63,903.59 1991-92—$221,093.25 1992-93—$86,811.00 1993-94—$265,675.89 1994-95—$89,474.07 1995-96—$149,977.36 1996-97—$202,782.82 1997-98—$285,442.99

(b) Fraser & Beattie

1990-91—$273,506.05 1991-92—$484,695.61 1992-93—$181,361.79 1993-94—$445,166.02 1994-95—$159,493.98 1995-96—$35,549.49 1996-97—$10,364.51 1997-98—$7,917.00

(c) Gowling Strathy & Henderson

1990-91—$224,127.90 1991-92—$300,291.64 1992-93—$628,233.88 1993-94—$537,508.49 1994-95—$480,180.21 1995-96—$777,425.29 1996-97—$705,233.32 1997-98—$1,077,602.76

(d) Fasken Calvin

1990-91—$6,152.00 1991-92—$2,236.00 1992-93—$18,895.00 1993-94—$46,080.06 1994-95—$6,761.00 1995-96—$27,626.91 1996-97—$48,410.36 1997-98—$10,153.00

Question No. 95—

[Grant McNally, Reform, Dewdney—Alouette, BC]

What studies has the Government of Canada commissioned concerning the extent of potential financial liability to taxpayers resulting from challenges by foreign investors against allegedly non-conforming measures at the national and subnational level under the investor-state dispute settlement processes of ( a ) NAFTA and ( b ) the proposed MAI?

[Sergio Marchi, Liberal, Minister for International Trade]

The right of corporations to sue governments is not unprecedented. Under Canadian law, both domestic and foreign owned companies have the right to file claims in Canadian courts if they believe that they have been treated unfairly by the government. Investor-state arbitration ensures that Canadian investors abroad have recourse to fair and transparent dispute settlement, especially in countries which may not provide the same legal and judicial protection that is guaranteed in Canada. Recourse to investor-state arbitration is an important feature of the North American Free Trade Agreement, NAFTA, and of bilateral investment treaties that Canada and many other countries have concluded.

The government works continually to ensure that its measures conform to its international legal obligations. Indeed, the government consults broadly and assesses a variety of implications in the development of policies and initiatives. The government's potential financial liability pursuant to challenges by foreign investors against allegedly non-conforming measures under the investor-state dispute settlement procedures of the NAFTA and a potential Multilateral Agreement on Investment, MAI, would depend upon the number and nature of the disputes in question.

Respecting subnational measures, Canada secured a grandfathering of all existing non-conforming subnational measures in the NAFTA. In the MAI negotiations, Canada has indicated clearly that the application of the MAI to measures under the jurisdiction of Canadian provinces cannot be assumed and would depend upon the content of any potential deal. Should the negotiations result in a satisfactory agreement for Canada, the coverage of provincial investment measures would not exceed the NAFTA. Canada would ensure that all existing non-conforming measures maintained by provincial and local governments would be excluded from the coverage of any agreement. As well, Canada would fully safeguard our freedom of action at both the federal and provincial levels in key areas, including health care, social programs, culture, education, programs for aboriginal peoples and programs for minorities.

Since the outset of the MAI negotiations in 1995, the government has consulted the provinces on a frequent and consistent basis. The provinces are debriefed after every negotiating session, copied on all reports and have access to all negotiating document. Numerous meetings between federal and provincial trade officials have taken place over the past three years to address issues related to the negotiations. The federal-provincial trade ministerial meeting of February 19, 1998 allowed for a thorough discussion of Canada's objectives and bottom lines.

The governement will continue to consult closely with Canadians respecting the MAI negotiations. Consultations with provincial and territorial governments, non-governmental organizations, business and individual Canadians are vital to ensuring that all our interests are properly reflected in Canada's negotiating position.

Question No. 96—

[Eric C. Lowther, Reform, Calgary Centre, AB]

With respect to the granting of pardons by the National Parole Board during the 1994-95, 1995-96 and 1996-97 reporting years: ( a ) how many decisions with respect to pardons did the National Parole Board make during these years: ( b ) how many total pardons were issued or granted during these years: ( c ) how many pardons were revoked during these years: ( d ) how many applications for pardons were denied during these years: ( e ) how many pardons were issued or granted for sexual offences during these years, including, but not limited to, the offences listed in sections 151, 152, 153, 155, 159, 160, 170, 212, 271, 272 and 273 of the Criminal Code or any of the earlier provisions of the Criminal Code which these sections replaced: ( f ) how many of the pardons that were revoked during these years had previously been granted for sexual offences: and ( g ) how many of the applications for pardons that were denied during these years were application to have one or more sexual offences pardoned?