Debates of Oct. 19th, 1999

Committees Of The House

[The Deputy Speaker]

Does the hon. Parliamentary Secretary have unanimous consent of the House to propose this motion?

[Some hon. members]

Agreed.

[The Deputy Speaker]

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

(Motion agreed to)

[The Deputy Speaker]

We will now revert to the introduction of private members' bills.

Criminal Code

[Myron Thompson, Reform, Wild Rose, AB]

moved for leave to introduce Bill C-250, an act to amend the Criminal Code (bail in cases of assault with weapon or a criminal harassment).

Mr. Speaker, this private member's bill is an act to amend the Criminal Code to prevent a person accused of sexual assault with a weapon, aggravated assault, sexual assault or criminal harassment who has been identified by the victim or by a witness to the offence from being released until the charge is withdrawn or the accused is acquitted at a trial.

Section 522, which currently allows a judge of a court of a superior or criminal jurisdiction the discretion to allow bail in these very serious offences, would be repealed.

This would be one major way of providing a great deal of safety to a number of Canadians who are injured annually by people who commit violent crimes while released on bail.

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

[Myron Thompson, Reform, Wild Rose, AB]

moved for leave to introduce Bill C-251, an act to amend the Criminal Code.

Mr. Speaker, I am pleased to be able to introduce this private member's bill. The concept for it began when Craig Powell, Amber Keuben, Brandy Keuben and Stephanie Smith were all instantly killed by a drunk driver on June 23, 1996, near Morley, Alberta, as they returned from a camping trip.

The drunk driver in this case was Christopher Goodstoney and he was charged with four counts of criminal negligence causing death and one count of criminal negligence causing injury. At his sentencing hearing last April the judge referred to section 718.2(2) of the Criminal Code.

[Don Boudria, Liberal, Glengarry—Prescott—Russell, ON]

Mr. Speaker, that is out of order.

[The Deputy Speaker]

The hon. member is permitted to give a succinct explanation of the purpose of the bill and we have not heard anything yet about the bill. I know he has interesting facts, but I think he should save those for the debate at second reading and perhaps give the House the pith and substance of the bill.

[Myron Thompson, Reform, Wild Rose, AB]

Mr. Speaker, I am really sorry. I hate to offend my little friend across the way. I will see if I can do a better job.

The bill is to prevent a judge having to take into consideration the race of a criminal when he is convicted of a crime.

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

Petitions

[Ken Epp, Reform, Elk Island, AB]

Mr. Speaker, I am very honoured to stand in my place today to represent my constituents by presenting two petitions.

The first one has to do with discrimination under the Income Tax Act against families that choose to have one parent stay at home. They ask that the tax benefits be the same for single income families as they are for double income families. There are 229 names on this petition and we have had a number before.

[Ken Epp, Reform, Elk Island, AB]

Mr. Speaker, the second petition I am honoured to present today adds to the 300,000 names already presented in the House on the issue of child pornography.

I am very pleased with the people in my riding who to this date have submitted 4,311 names on this petition requesting that the government should immediately take steps to re-enact the provisions of the criminal code which make the possession of child pornography illegal in Canada.

[Dick Proctor, NDP, Palliser, SK]

Mr. Speaker, I have the honour and obligation to present a petition regarding the Snowbirds signed by several hundred folks mostly in my constituency, but I note names from Alberta and British Columbia.

The petition notes that the Snowbirds are a national symbol and a Canadian institution. It reverts to subject matter of this summer wherein the Department of National Defence was suggesting that the Snowbirds 431 air demonstration squadron could be and should be scrapped for financial reasons.

The petition also notes that the mission of the Snowbirds is to demonstrate the skill, professionalism and teamwork of the Canadian forces and that these magnificent pilots and their flying machines should remain airborne for the foreseeable future.

The petitioners call upon parliament to take the action necessary to ensure that continued and stable funding for the Snowbirds 431 air demonstration squadron remains a priority.

[Deborah Grey, Reform, Edmonton North, AB]

Mr. Speaker, speaking of some of the events that happened this summer, I am also pleased to present a petition in conformity with Standing Order 36.

It is signed by a whole number of people who have concerns. These undersigned citizens of Canada draw the attention of the House to the following, that the laws of our country have always been based on Judeo-Christian morals and values which have been passed down through the centuries via western civilization.

They are concerned about the preamble to the charter of rights and freedoms as a foundation upon which the subsequent sections are based. They are concerned about the majority of Canadians.

They believe in God who created heaven and earth and are not offended by the mention of His name in the preamble of the charter of rights and freedom. They are proud to name Him and they present this petition to parliament.

[Svend Robinson, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I have the honour to present two petitions. The first one is on the subject of nuclear weapons.

It notes that there continue to exist over 30,000 nuclear weapons on the earth and that the continuing existence of nuclear weapons poses a threat to the health and survival of human civilization and the global environment. It also notes the concerns of the Secretary-General of the United Nations on this subject.

The petitioners therefore pray and request that parliament support the immediate initiation and conclusion by the year 2000 of an international convention which will set out a binding timetable for the abolition of all nuclear weapons.

[Svend Robinson, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I have the honour to present a second petition on the subject of the abolition of the Senate.

The petitioners from my constituency of Burnaby—Douglas and elsewhere note that the Senate of Canada is an undemocratic institution composed of unelected members who are unaccountable to the people, that it costs taxpayers some $50 million per year, that its role is redundant given the roles played by the supreme court and the provinces, that it undermines the role of MPs in the House of Commons, and that there is a need to modernize our parliamentary institutions.

Therefore the petitioners call upon parliament to undertake measures aimed at the abolition of the Senate.

[Darrel Stinson, Reform, Okanagan—Shuswap, BC]

Mr. Speaker, it is my pleasure to table a petition signed by 237 persons in my riding of Okanagan—Shuswap.

They are asking for the rejection of the Nisga'a treaty that will serve to entrench inequality and may divide Canadians forever.

[Nelson Riis, NDP, Kamloops, BC]

Mr. Speaker, it is an honour to present this petition pursuant to Standing Order 36 on behalf of a number of western Canadians who are concerned about the Snowbirds as a national symbol and a Canadian institution.

They make a number of points, one being that 85 million North American spectators have been enthralled by the Snowbirds over the past 28 years.

They ask parliament to take whatever action is necessary to ensure that continued and stable funding for the Snowbirds 431 air demonstration squadron remains a priority for our country.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, the first petition that I am tabling in the House today is asking for the mandatory labeling and thorough checking of genetically modified food products.

This issue concerns many Canadians. The petitioners are calling upon parliament to adopt an act on the labeling of genetically modified food items.

[Marlene Jennings, Liberal, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Speaker, the second petition is calling upon parliament to pass legislation to make it compulsory for companies importing food products into Canada to ensure that these products are properly labelled as to the ingredients they contain.

They are asking that all companies importing food products into Canada ensure that those products are properly and thoroughly labelled as to the ingredients they contain and the ingredients they contain by virtue of the environment in which they have been prepared.

Questions On The Order Paper

[Derek Lee, Liberal, Parliamentary Secretary to Leader of the Government in the House of Commons]

Mr. Speaker, I ask that all questions be allowed to stand.

[The Deputy Speaker]

Is that agreed?

[Some hon. members]

Agreed.

Bill C-2. On the Order: Government Orders

October 14 1999—The Leader of the Government in the House-Second Reading and Referral to Standing Committee on Procedure and House Affairs of Bill C-2, an act respecting the election of members to the House of Commons, repealing other acts and making consequential amendments to other acts.

Canada Elections Act

[Don Boudria, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I move:

That Bill C-2, an act respecting the election of members to the House of Commons, repealing other acts and making consequential amendments to other acts, be immediately referred to the Standing Committee on Procedure and House Affairs.

Mr. Speaker, today I have the honour to introduce to the House the new Canada Elections Act. The Canada Elections Act constitutes the operational basis of our democratic electoral system. Our elections act is based on three essential principles: equity, transparency and accessibility.

For close to 30 years now, the Canada Elections Act has been the focal point of an electoral system that has been an inspiration to democracies the world over. Our Elections Act is based on solid principles and orientations. Nevertheless, administrative inconsistencies have developed over those 30 years, and we need to eliminate them and to amend sections of the Act the courts have chosen to strike down.

First of all, I would like to thank the members of the Standing Committee on Procedure and House Affairs for preparing the excellent report on which this legislation is based, particularly the hon. member for Peterborough who chaired its work.

The amendments we propose today are based on the committee's findings and recommendations. The bill also reflects the recommendations contained in the 1991 report of the Royal Commission on Electoral Reform, the Lortie Commission, the proposals submitted in 1993 by the special House committee, and the Chief Electoral Officer's reports to parliament in 1996 and 1997.

As well, the bill reflects discussions between myself and my counterparts in the United Kingdom, as well as the ideas, concerns and initiatives shared with us by large numbers of MPs, senators, members of all political parties, academics, interest groups and ordinary citizens.

Our government is determined to see this bill passed and to implement amendments which reflect the wisdom and collective vision of the hon. members.

Reference to a committee before second reading will permit broader amendments, provided of course that these amendments amend the same statute as is the subject of the bill. Allow me to take some time to describe some of the administrative changes proposed in this bill.

We have proposed that the chief electoral officer be empowered to adjust voting hours for areas that do not switch to daylight saving time. This will address the problem Saskatchewan voters experienced in the last election.

We are also offsetting the impact of inflation since the act was introduced in 1974, increasing the threshold for the disclosure of the names and addresses of campaign contributors for donations and the threshold for receiving the 75% political tax credit from $100 to $200. The voucher expense limit would be increased from $25 to $50. The audit fee expense limit, because it is getting very difficult to hire auditors for $750, would be increased to $1,500.

We have proposed extending voting rights to all returning officers in Canada. We have included amendments to ensure the right to campaign canvassing and the posting of signs in apartment buildings. We have proposed that the enforcement capabilities of the commissioner of Canada elections be strengthened.

In recent years, court decisions have called on the Government of Canada to take a second look at some sections of the Canada Elections Act. We believe that amendments in this legislation are consistent with both the spirit and the letter of those decisions. Our amendments regarding third party spending are a perfect case in point.

We looked closely at the 1996 decision of the Alberta Court of Appeal which threw out the previous spending limits, but we also examined the 1997 Libman decision of the Supreme Court of Canada which said:

With respect...we cannot accept the Alberta Court of Appeal's point of view because we disagree with its conclusion regarding the legitimacy of the objective of the provisions.

The court further stated: “While we recognize their right”—third parties—“to participate in the electoral process, independent individuals and groups cannot be subject to the same financial rules as candidates or political parties and be allowed the same spending limits. Although what they have to say is important, it is the candidates and political parties that are running for election. Limits on independent spending must therefore be lower than those imposed on candidates or political parties”.

We have also placed fairness at the heart of the proposed changes to the rules governing blackouts. Recently the Supreme Court of Canada struck down the 72 hour election blackout on election polls. However, the court did not close the door on giving voters the means and the time to assess polls. Consistent with the guidance of the court, we have required publication of polling methodologies and we have shortened the blackout period.

We have also addressed the issue of blackouts on political advertising. As a result of the decision of the Alberta courts, political parties now remain subject to blackouts on advertising while at the same time there is no such blackout on candidates and third parties. Obviously it is wrong and the same rule should apply to everyone.

We have proposed a new 48 hour blackout period prior to election day on political ads; no ads on election day and the day before for anybody. We want to make sure that the only group to get the last word in a campaign is Canadian voters.

Most recently the Figueroa decision of the Ontario court struck down another provision in the elections act under which a political party that loses its status as a registered party must deregister and liquidate all its assets and turn them over to the receiver general.

We took note of that decision and we responded by allowing third parties that fail to field the required number of candidates during an election to retain their assets subject to certain conditions. The government is however, and most members will know this, appealing that part of the court order holding that a party need only nominate two candidates to become a registered party. The government believes strongly that the existing requirements should be defended.

Every single one of the amendments proposed in the bill, the ones that we have put forward, have put the values and principles of the elections act and Canadians first. In every single case we have asked the questions that are the foundations of the Canada Elections Act. Is it fair? Does it promote accessibility? Does it keep our electoral system open and transparent? I believe that in every case the answer is yes.

Of course this is going to be a non-partisan effort. I look forward to sending the bill to committee and listening to the constructive suggestions of all members of parliament that would permit us to improve the bill, providing that the amendments amend the same acts as those referred to in the bill.

I urge all members of the House to join in support of the bill and to send it to committee. I believe that together we will make it such to maintain one of Canada's most important pieces of legislation as our country and our democracy moves into the 21st century.

I thank hon. members for all the work they have done thus far on improving the Canada Elections Act. I look forward to appearing before the committee, answering all questions from hon. members and working together with them to make this bill better for all Canadians.

[Ted White, Reform, North Vancouver, BC]

Mr. Speaker, I rise on a point of order. In the spirit that has been shown by the government House leader, I wonder if the House would give unanimous consent to question the minister for five minutes.