House of Commons Hansard #46 of the 37th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was organization.

Topics

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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The Deputy Speaker

Is the House ready for the question?

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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Some hon. members

Question.

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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The Deputy Speaker

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

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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Some hon. members

Agreed.

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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Some hon. members

No.

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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The Deputy Speaker

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

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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Some hon. members

Yea.

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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The Deputy Speaker

All those opposed will please say nay.

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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Some hon. members

Nay.

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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The Deputy Speaker

In my opinion the yeas have it.

And more than five members having risen:

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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The Deputy Speaker

Call in the members. And the bells having rung :

Canada Foundation For Sustainable Development Technology ActGovernment Orders

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The Deputy Speaker

The chief government whip has asked that the division be deferred until later today, at the end of government orders.

Criminal CodeGovernment Orders

1 p.m.

Edmonton West Alberta

Liberal

Anne McLellan LiberalMinister of Justice and Attorney General of Canada

moved that Bill C-24, an act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other acts, be read the second time and referred to a committee.

Mr. Speaker, I am pleased today to lead off the debate on an issue of major concern to all Canadians: the problem of organized crime and the legislative tools available to our police, prosecutors and courts to address that problem.

In the Speech from the Throne, our government promised to take aggressive steps to combat organized crime, including the creation of stronger anti-gang laws.

Building upon the foundation that the government put in place over the past several years, including the 1997 anti-gang amendments to the criminal code, the proposed legislation would enable law enforcement to respond to the threat of organized crime in the country.

Bill C-24, an act to amend the criminal code regarding organized crime and law enforcement, responds to our commitment to law enforcement officials and to my provincial counterparts to provide additional legislative tools to assist them in the fight against the many manifestations of organized crime. The legislative measures set out in Bill C-24 seek to assist Canadian law enforcement officials in the fight against organized crime.

These proposals fall into four categories: first, measures to improve the protection of people who play a role in the justice system from intimidation; second, the creation of an accountable process to protect law enforcement officers from criminal liability for certain otherwise illegal acts committed in the course of an investigation; third, legislation to broaden the powers of law enforcement to forfeit the proceeds of crime, and in particular the profits of criminal organizations, and to seize property that was used in a crime; and, fourth, the creation of a number of new offences targeting involvement with criminal organizations.

I would like to take a few moments to acknowledge the valuable contributions made to its development by my provincial colleagues and their officials. It has been a truly collaborative effort characterized by mutual respect, patience and a commitment to the development of a broad based response to the threats of organized crime.

These efforts resulted in the adoption last September of the national agenda to combat organized crime. In Iqaluit, the solicitor general and I agreed with our provincial and territorial colleagues on an action plan. That plan has several key elements, but expanded and strengthened legislative tools were at the forefront of this national response.

We recognize that tougher and more effective laws are not the full answer to the problem of organized crime. The enforcement program that we announced when the bill was introduced demonstrates our commitment to attacking the problem on all fronts.

The first aspect of Bill C-24 involves a range of steps to deal with the intimidation of persons involved in the criminal justice system. There are those who ask why is it necessary to amend the law to deal with the intimidation of persons involved in the criminal justice system. They point to a number of provisions in the criminal code that might be employed to address this issue. The simple answer is that the existing law needs to be strengthened.

The criminal justice system depends for its proper functioning upon the participation of various members of our community. There are the professionals responsible for the investigation and prosecution of crime, the judges and those who deal with convicted offenders, and members of the public who participate as witnesses and jurors.

For all stakeholders to be able to participate effectively, they and those with whom they are associated must be free to act without being subjected to threats, prejudice, intimidation or physical injury.

In recent times prosecutors, judges, witnesses, police and prison guards, as well as their families, have been subjected to intimidation intended to destabilize the criminal justice system. The purpose of intimidation is to interfere with the ability to hold trials in an environment conducive to proper deliberations where participants in the system feel free to play the role expected of them.

Whether acts of intimidation are subtle or explicit they are of particular concern with regard to the prosecution of organized crime. Concern about organized crime was shared by members of parliament. Last year the subcommittee on organized crime was struck to examine a myriad of issues related to organized crime. It brought forward recommendations which included two specific criminal code amendments intended to address concerns over intimidation.

I am pleased to note that Bill C-24 implements both those recommendations. One of those recommendations called for the enactment of measures beyond those now in place to more fully protect jurors serving in trials related to organized crime.

Accordingly the government proposes changes to the jury selection process set out in the criminal code to allow a judge to order that the names and addresses of prospective jurors not be read out in open court. A judge would be empowered in appropriate cases to ban the publication of any information that could disclose the identity of a juror.

Additionally Bill C-24 not only increases the penalty associated with the existing offence of intimidation to five years imprisonment. It introduces a new offence punishable by up to 14 years imprisonment to deal with acts of intimidation that target justice system participants intended to impede the administration of criminal justice.

A new section of the criminal code would make it an offence to engage in acts of violence against a justice system participant or a family member of that participant. It would be an offence to harass, stalk or threaten these people with the intention of either provoking a state of fear in a group of persons or the general public in order to impede the administration of justice or a justice system participant in the performance of his or her duties.

I turn my attention now to the aspect of Bill C-24 that seeks to protect law enforcement officers from criminal liability when for legitimate law enforcement purposes they commit acts that would otherwise be illegal.

The Supreme Court of Canada in its unanimous 1999 judgment in Regina v Campbell and Shirose stated that the police was not immune from criminal liability for criminal activities committed in the course of a bona fide criminal investigation. However, while observing that “everybody is subject to the ordinary law of the land”, the supreme court explicitly recognized that “if some form of public interest immunity is to be extended to the police..., it should be left to parliament to delineate the nature and scope of the immunity and the circumstances in which it is available”. Through Bill C-24 the government takes up the challenge offered to it by the Supreme Court of Canada and properly assumes its responsibility to provide guidance.

After issuing a consultation paper last year and engaging in much consultation the government has put the proposals before the House. The proposed scheme contemplates several means of ensuring accountability. These involve a combination of new legislative measures contained in Bill C-24, police training, as well as reliance on existing judicial and disciplinary means to ensure compliance with rules governing their use of powers given under the law.

The legislation does not propose the granting of blanket immunity to all law enforcement officers for unlawful acts committed in the course of carrying out lawful law enforcement responsibilities. However, the legislation does provide a form of very limited immunity. Colleagues need to understand that for many years law enforcement authorities were working on the basis that they had common law immunity. All the supreme court did was make it plain that there was not common law immunity but called upon parliament to put in place a legislative scheme if it saw fit.

Here is how the scheme would work. When a public officer is engaged in the enforcement of any act of the Parliament of Canada, doing that which would otherwise constitute an offence may be permissible if the following elements exist.

First, before the person can act he or she must be designated a competent authority. The individual must also believe on reasonable grounds that committing the act or failing to act is the reasonable course of action and proportional in the circumstances and including whether there is any other available means of carrying out their duty.

Nothing in the proposed scheme would provide immunity for the intentional or criminally negligent causing of death or bodily harm; the wilful attempt to obstruct, pervert or defeat the course of justice; or conduct that would violate the sexual integrity of an individual.

Another feature of the legislative package before us today is a new approach to addressing participation in the activities of criminal organizations. The bill contains a new definition of criminal organization and three new offences that effectively criminalize the full range of involvement with organized crime.

At its core, the danger of organized crime flows from the enhanced threat posed to society when people combine for the commission of serious crimes. Historically criminal law has responded to this elevated harm by punishing individuals for engaging in conspiracy and for aiding or abetting the commission of specific offences.

In 1997 in Bill C-95 parliament went further and directly targeted organizations of such individuals for the very first time by providing a definition of criminal organization, increased investigative powers and increased penalties for those committing crimes in conjunction with criminal organizations.

Law enforcement officials and provincial attorneys general have called for a simplified definition of criminal organization and for offences that respond to all harmful forms of involvement in criminal organizations. That is precisely what we have done in the legislation before the House today.

The current definition only covers criminal organizations that have at least five members, at least two of whom have committed serious offences within the preceding five years. As well, the organizations themselves must be shown to have been committing crimes punishable by a maximum sentence of five years or more in prison.

Canada is a signatory to the United Nations convention against organized crime which affirms that a group of three persons having the aim of committing serious crimes constitutes a sufficient threat to society to warrant special scrutiny from the criminal justice system.

I believe that Canadians want our law enforcement officials to be able to target criminal groups of three or more individuals, one of whose main purposes or activities is either committing serious crimes or making it easier for others to commit serious crimes.

In conjunction with a more streamlined definition, the full range of involvement with criminal organizations is targeted in Bill C-24 by three new offences.

The first offence targets participation in or contribution to the activities of criminal organizations. Taking part in the activities of a criminal organization, even if such participation does not itself constitute an offence, will now be a crime where such actions are done for the purpose of enhancing the ability of the criminal organization to facilitate or commit indictable offences.

The bill also addresses the concern expressed by law enforcement officials and provincial attorneys general that the current requirement of proving beyond reasonable doubt that the accused was a party to a specific crime shields from prosecution those in the upper echelons of criminal organizations who isolate themselves from its day to day activities.

We know that successful recruitment enhances the threat posed to society by criminal organizations. It allows them to grow and to more effectively achieve their harmful criminal objectives. Those who act as recruiters for criminal organizations contribute to these ends both when they recruit for specific crimes and when they recruit simply to expand the organization's human capital.

Thus the expressed provisions of the proposed participation offence make it clear that the crown does not in making its case need to link the impugned participation, in this case recruitment, to any particular offence.

Some have called for mere membership in a criminal organization to be an offence. In my view such a proposal would be extremely difficult to apply and would be vulnerable to charter challenges.

The second new offence retains the core of section 467.1 of the criminal code which is the criminal organization offence introduced in Bill C-95. The new offence targets those who aid, abet, counsel or commit any indictable offence in conjunction with a criminal organization.

Unlike the existing provision, it would not require the crown to prove both that the accused has participated in or substantially contributed to the activities of a criminal organization and that he or she has been a party to the commission of an indictable offence punishable by five or more years of imprisonment. The participation-contribution requirement has been removed entirely and the range of offences targeted has been broadened to include all indictable offences.

The third new offence deals specifically with leaders in criminal organizations. Like the participation offence, it does so not by criminalizing status but by proscribing the harmful behaviour itself.

Leaders of criminal organizations pose a unique threat to society. Operationally they threaten us through their enhanced experience and skills. Motivationally they threaten us through their constant encouragement of potential and existing criminal organization members. Accordingly in the bill we have moved aggressively to identify, target and punish those within criminal organizations, whether or not formally designated as leaders, who knowingly instruct others to commit any offence, indictable or otherwise, under any act of parliament for the benefit of, at the direction of, or in association with a criminal organization.

The penalty provisions for the three offences I have outlined confirm the government's resolve to provide a proportionate and graduated means of addressing all forms of involvement with criminal organizations and to ultimately break the back of organized crime in Canada. The participation offence I previously described is punishable by a maximum of five years of imprisonment, the party liability offence by a maximum of 14 years of imprisonment, and the leadership related offence is punishable by a maximum of life imprisonment.

Furthermore each of these punishments has been fortified by an appropriately aggressive sentencing regime. Its two critical components are mandatory imposition of consecutive sentences for the offences and a presumptive parole ineligibility period of one-half the imposed sentence. When these measures are combined with our newly expanded and improved criminal forfeiture scheme our message to organized crime is clear: crime does not, will not and must not pay in Canada, and we will take all necessary measures to ensure the continued safety of our homes, streets and communities.

Not all provisions of the bill specifically target organized crime groups. Several elements in the proposed legislation are meant to improve criminal law generally. These improvements to the law will nonetheless be extremely useful in combating organized crime.

The offences initially listed as enterprise crimes were those considered most likely to be committed by organized crime groups. Over the years, as organized crime evolved and moved into new areas of criminal activity, new offences were added to the list of enterprise crimes. Today the list of such crimes stands at over 40 with no indication that we will stop adding new offences to the list.

At the same time, by limiting the proceeds of crime provisions to certain listed offences, we have created two types of criminal: the criminal whose proceeds are subject to the proceeds of crime provisions of the code and whose illicit profits can be ordered forfeited by the courts, and the criminal whose profits fall outside the reach of the proceeds provisions of the code.

Furthermore, there is a proposal to eliminate the enterprise crime list approach and expand the application of the proceeds of crime provisions to designated offences, that is, to most indictable federal offences. In this manner the profits from the commission of most serious crimes would be subject to forfeiture. All existing protections, such as notice provisions, applications to revoke or vary orders, appeals and remedies, will of course continue to be available to the accused and to third parties.

Canada must be in a position to offer the necessary assistance to foreign countries that have successfully investigated and prosecuted members of organized crime groups and whose courts have ordered the confiscation of tainted property located in Canada. I would like to ensure that Canada is not singled out for its inability to provide the necessary assistance to help such jurisdictions obtain the confiscated property.

Accordingly, the bill proposes a number of amendments to the Mutual Legal Assistance in Criminal Matters Act that would allow Canada to enforce foreign confiscation orders. That is important. The provisions contained in the proposed legislation would allow Canada to respond on the basis of a treaty to requests from a foreign jurisdiction for assistance in enforcing a confiscation order issued by a court in that jurisdiction in relation to proceeds of crime derived from the commission of a criminal offence for which the accused was convicted. In anticipation of a confiscation request, Canada would also be able to provide assistance in respect of a request to seize or restrain the targeted proceeds located in Canada.

The proposed amendments would also facilitate requests from Canada regarding the enforcement of restraint or forfeiture orders for proceeds of crime located in foreign jurisdictions.

The last element that I want to stress deals with offence related property. The bill contains amendments to make the offence related property forfeiture regime in the code apply to all indictable offences. As well, the present exemption from forfeiture for most real property would be eliminated.

I believe the measures I have outlined today would ensure that we have the tools necessary to combat the increased threat of organized crime. Let there be no mistake that the proposals before us would provide more effective laws and aggressive prosecution strategies to target organized crime at all levels.

I thank colleagues for their support of this initiative. I look forward to their support because the initiative would ensure that our streets and communities are safe from a most pernicious element within our society, organized crime.

Criminal CodeGovernment Orders

1:25 p.m.

Canadian Alliance

Vic Toews Canadian Alliance Provencher, MB

Mr. Speaker, I am pleased to participate in the debate on the new organized crime legislation, Bill C-24.

I was struck by the almost desperate plea that the Minister of Justice made to the House to pass the legislation. The matters I heard her raise, discuss and urge upon the House are things my party and its predecessor the Reform Party have been saying for years. They have been desperately asking the House to bring forward legislation to address organized crime. Over and over again Liberal members have simply stonewalled or refused to bring forward legislation.

I must say that I am relieved to see after years of the opposition fighting for more effective laws to help combat gangs and other criminal organizations that the federal Liberals have finally woke up.

During the election they realized that organized crime was an issue. Suddenly the government said that it better do something because there was a danger to our country and to our institutions. It said that police officers were having a difficult time coping and the courts were overwhelmed by the issue of organized crime. I therefore note, with a bit of bewilderment, that the Liberals finally woke up.

I thank the minister for bringing the bill forward because there are some very good things in it. I know the minister is also very open to ideas and prides herself in listening, discussing and accepting recommendations from time to time.

I am relieved that the government is finally acknowledging that organized crime is a serious problem. The rest of the country has been saying this for many years. It is no secret, although to the Liberal caucus it was a bit of a secret, that the level of activity of criminal organizations has increased substantially in recent years, posing a severe risk to public safety and security. Not only has there been an increase in the level of activity. There has also been an increase in the intensity of violence including bombing, threats and intimidation.

The extent of collaboration within and among criminal groups has broadened greatly. The available technology has improved their ability to conduct organized crime by leaps and bounds. Over the years Canada has become a very attractive place for these types of criminals. According to the Criminal Intelligence Service of Canada, CISC, “virtually every major criminal group in the world is active in Canada”.

Antonio Nicaso, a well known organized crime specialist and author, has said that Canada has become one of the world's most important centres for global crime syndicates in part because of federal regulations and laws. He has stated that prior to Bill C-22 it was harder to import cheese into Canada due to the restriction of the minister of agriculture than it was to import a suitcase full of money.

The RCMP commissioner has said recently that for the first time there are signs of criminal organizations which are so sophisticated they are actually focusing on destabilizing certain aspects of our society.

Our party has long recognized these frightening indications and for years as the Reform Party and now the Alliance we have been calling for changes in the way the government should approach organized crime.

Over the past few years there have been a few halfhearted attempts by the government to adapt our laws to help fight these criminals. Just before the 1997 election the Liberal government pushed through parliament amendments to the criminal code that were intended to fight organized crime. However, because it was so last minute the opposition was not able to hear from witnesses to determine whether the proposed legislation would be effective.

The Canadian Police Association stated that Bill C-95 did not go far enough to provide police and prosecutors with the tools to fight organized crime. There were a few, some estimate perhaps under five, ineffective prosecutions under the bill.

Even the justice minister at the time said during the debate that he did not claim the bill represented everything needed to fight organized crime but that it was just the first step. Under intense pressure from not only opposition politicians but also from police and other concerned members in the community, the government has finally introduced some of the long needed legislation for which we have been calling.

Our party welcomes many of the proposals in the new bill, but a number of significant deficiencies in the legislation still require further amendment to adequately address the problem of gang participation and violence.

The most disturbing feature of the legislation is its failure to make it a criminal offence to be a member of a group already proven to be a criminal organization. Contrary to the suggestions of the Minister of Justice, this provision does not make participation or membership in a criminal organization illegal unless it can be proven that the person had the intention to facilitate illegal transactions for that organization.

The fact that an organization is criminal would have to be proven in each particular case over and over again. It would result in needless duplication of resources, expenses and the prolongation of criminal trials, which would again have an impact upon the court system and its resources.

Members often think that all we have to do is pass a law in the House and things will change. In the real world things are not that simple. As a minister of justice of a provincial government I actually had to carry out the laws that parliamentarians passed. The reality is not simply the law. The reality is the resources that must be provided to make even the best legislation effective.

Last fall my colleagues in the Bloc put forward a supply motion that called for parliament to make it a crime to belong to a criminal organization. The Liberal government argued that such a provision might be considered unconstitutional. However, making illegal participation in a group that has been proven to be a criminal organization is a reasonable limit on freedom of association and other freedoms in the charter.

When the primary if not the sole purpose of such an association is to commit illegal acts, the safety and security of private citizens may reasonably supersede the individual rights of the persons conspiring to commit these acts or participating in these organizations.

I ask the House to bring the Bloc proposal forward as was suggested earlier. What is the fear of bringing the proposal forward? Is it that it might be unconstitutional? If the courts do not believe that our citizens are deserving of this protection, let them tell us so.

We should not settle for second best because the Liberal government is frightened to pass the legislation that it needs to pass. The courts should tell us and we will respect the courts. If the courts believe citizens are not entitled to that protection then parliament must listen to what the courts say.

Certain members think what I am saying is funny. It is not funny. A member across the way laughs about what I am doing. I take the seriousness of the situation to heart and members have a responsibility for the safety and security of our citizens. If members opposite want to joke about that, let them joke. I can take that.

Another equally disturbing fact about the bill is the serious lack of funding and resources that has plagued and continues to plague the administrators of our justice system. Frontline officers fighting to get these criminals prosecuted have been effectively handcuffed with a serious lack of resources.

Criminal organizations have the best possible tools. They have state of the art technology. They have access to millions of dollars derived from illegal activities to fund their activities. Meanwhile our frontline police officers struggle to maintain existing technology. They are unable to adapt to new and emerging technologies because of insufficient funding.

Funding has become a vital issue in our continuing fight against the sophisticated and wealthy organized crime syndicates. Organized crime investigations are themselves resource intensive, costly, highly technical, lengthy and complex.

When the bill was first introduced over two weeks ago the justice minister announced a mere $200 million of funding. To me and the average citizen $200 million is a lot of money. The government continually includes an amount of money in a package announcement as though the money is immediately available. That is not correct.

The amount is spread over five years. It does not come close to the amount that is needed for frontline law enforcement officials to do their jobs effectively. When one looks at the $200 million over five years and where the money will go, it will not be to local police forces in Winnipeg, Calgary or Vancouver that actually do the investigations. Some of it will go to the RCMP, and we applaud that. What concerns me about the $200 million is that it will not go to the places it needs to go in terms of frontline investigation and help for the police.

I speak from experience and knowledge having dealt with that matter when I was minister of justice for a provincial government. The need to fight organized crime in whatever form we find it is a constant concern. Another concern is the lack of resources available at the provincial level and the reluctance of the federal government to put its money where its mouth is. From time to time the government comes up with bills and makes impassioned speeches to the House to pass the legislation. We agree that the legislation should be passed but we need to make it effective legislation. How do we actually carry it out? We cannot simply stand here in Ottawa and say that we have now given the tools when we pass the legislation.

We need to financially support our front line police officers. If we are not prepared to do that then all our speeches, our legislation and the studies and the years that have gone into the legislation were all for naught.

When one considers the annual RCMP expenditures alone in one year, the $200 million extra to fight organized crime is a drop in the bucket. If this was all going to front line RCMP officers it would be a good start, but everyone here in the House realizes that is not where it is going.

We are not even talking about the municipal police forces that carry out the mandate of parliament when we pass legislation. Who will help the Toronto police force or the maritime municipal police forces that have a very real interest in protecting their citizens against this pernicious criminal activity?

Even though the introduction of additional funding by the government gives the appearance of a substantive and immediate injection of funds, the funds allocated on a yearly basis will not significantly enhance police or prosecution resources when we consider that a relatively simply prosecution under this legislation can cost $10 million.

I understand from newspaper reports that a special courthouse is being built in Quebec for these types of crimes. The courthouse alone is estimated to cost $10 million.

When I was a justice minister in Manitoba we had to build a special courthouse at a cost of $3.5 million. The money was well spent. It was essential to not only have legislation in place but to put the resources in place to actually get the job done.

When we consider the ramifications to legal aid, to prosecutors, to police overtime and to clerks, $10 million for one trial is not an uncommon amount. We see the courthouse being built for $10 million in Quebec and then we think of what it will cost to conduct a trial. We cannot allow organized criminals to have even an inkling of an understanding that we are not prepared to support our police officers.

If we have actually convinced the Liberals that this is the right direction to move in, I am glad. At least they have taken the first step, the legislative step, but now they have to take the second step. The earlier legislation was only part of the first step. This is getting close to completing the first step. The huge step, the financial issue, has to be addressed but, unfortunately, it is not being addressed.

I am encouraged that the Minister of Justice might find it in her heart to convince some of her colleagues over there who might be mean-spirited enough to deny our police officers these resources. I recognize that she has a very difficult job trying to convince some of these people on the other side; not all of them, some of them are very good people. She needs to convince some of the Liberals who do not believe that this is really a problem. If that is the basis of her leadership speech, as was just mentioned, let it be her leadership speech. I do not think it is a bad thing to do. I would encourage the Minister of Justice to move in that direction, if not in the leadership, at least in terms of finding that money for our police officers.

I am making those comments to her through you, Mr. Speaker. I wanted that clear on the record.

It is somewhat heartening to see that the legislation proposes added protection from intimidation for people who work in the justice system, such as witnesses, jurors, police, prosecutors, prison guards, judges, members of parliament and senators. This is absolutely crucial. It is one of the practical steps that needed to be taken and is being taken.

There are some shortcomings in that list. I am not sure whether it adequately protects other key players in the fight against crime, especially when we look at the listing of federal MPs. Does it protect provincial MLAs or members of the national assembly in Quebec, in particular, provincial justice ministers?

I do not say that because I was a provincial justice minister but I do think they are on the front line with the police and they deserve protection as well. We do not want them, the deputy ministers nor anyone involved in provincial justice departments who are front line workers in the fight against crime to be intimidated. They need the same level of protection as federal parliamentarians.

It would seem mean-spirited of us if we granted the protection to ourselves when we do not even carry out the day to day activities and refuse to grant it to those who carry it out on a day to day basis.

In addition, as recent cases demonstrate, journalists who demonstrate their service of the public interest by reporting on organized crime also need and deserve the enhanced protection under our criminal law. It is absolutely essential.

The media is a very important tool in the fight against organized crime. One need only point out the well known case of Michel Auger, a Montreal crime reporter. That case demonstrates the need for extra protection for journalists. Last September he was shot five times as he arrived at the offices of his newspapers.

That was not the only incident in Canada where journalists had been the subject of attack, where they have had the courage to stand up and say the right things and write the right things. Jean-Pierre Charbonneau, who is now speaker of the Quebec legislature, was shot three times in the chest and the arm in the newsroom in 1973 while he was a reporter covering an inquiry into organized crime.

In 1995 a freelance reporter was shot after answering a knock on his front door. He was shot in both legs and survived what police called a warning by bikers.

We all know of the case of the editor of North America's largest Punjabi paper. He was shot and killed in his suburban Vancouver garage in 1998 by an unidentified killer.

Members of the press who research and report on all items of interest to Canadians, in particular, matters pertaining to their safety, must be protected from these types of attacks on democracy and freedom of the press.

It is not enough to say that we have a general provision that covers attempted murder or murder. As a democracy and as passionate believers in free speech, we need to send out a specific, clear, legislated message that those journalists are entitled to that protection.

The House of Commons should never allow attempts by criminal groups to intimidate any person or any democratic institution, and I include the press in those democratic institutions.

The bill also addresses the issue of police immunity. I think all right thinking people understand the need for police to have these powers. We also understand the need for clear criteria governing those activities. It was always the case that police had those clear criteria in place as policies that governed their activities. The Supreme Court of Canada has come along and said that we need to put that in legislation. I agree because I do not think it is necessary to fight on that issue. Let us put clear criteria in place but let us not hamstring and handcuff our police officers at an undue cost to our security and the security of our citizens to enjoy democracy and their democratic rights.

The minister needs to bear in mind that when we create immunity for police, we also have to address the possible adverse impacts on law-abiding citizens and the damage that might be done to their property by a police officer carrying out his or her duties under this protection.

If a police officer has to steal and destroy a car, which would be permitted under the criteria, damage other property or commit some other crime that causes damage to a citizen's property, I do not believe the citizen should have to bear that responsibility personally. This is a societal cost. This is a cost that we as a society must bear because we have given this power to the police.

Criminal CodeGovernment Orders

1:55 p.m.

The Speaker

I regret to interrupt the hon. member but it being two o'clock the House will now proceed to statements by members.

Canadarm2Statements By Members

1:55 p.m.

Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, on Thursday, April 19, 2001, at 2.41 p.m. Canadian astronaut Chris Hadfield and his six companions rocketed into space aboard space shuttle Endeavour . In its cargo bay was Canadarm2.

Yesterday, Colonel Hadfield became the first Canadian to walk in space. At the end of his sortie, the space station remote manipulator system, better known as Canadarm2, had been deployed. Today it is being tested.

This next generation robotic arm, the most advanced of its kind, is the product of more than a decade of dedicated application by Canadian scientists and technicians at MacDonald Dettwiler Robotics and at the Canadian Space Agency.

I want to congratulate all involved in preparing and executing Mission STS-100 on a job well done. We are proud of Chris Hadfield and all our Canadian astronauts.

Queen Charlotte IslandsStatements By Members

2 p.m.

Canadian Alliance

Andy Burton Canadian Alliance Skeena, BC

Mr. Speaker, during the past two weeks I had the opportunity to visit the beautiful Queen Charlotte Islands or Haida Gwaii , as they are known locally. I took the time to meet with several different groups of people, including members of the Haida first nations.

I received several messages loud and clear on the island. Number one was about the total lack of credibility in federal Department of Fisheries and Oceans' policies. The fishing industry on the north coast as a whole is in serious trouble and DFO must address this issue.

Islanders are also concerned about their failing economy. Any economic development, industrial or otherwise, would be welcome provided environmental concerns are fully dealt with and long term and lasting benefits accrue to the island people.

The Queen Charlotte Islands are a beautiful part of Canada and it is my privilege to have had the opportunity to see them for the first time and to relay the concerns of their citizens to this parliament.

Earth DayStatements By Members

2 p.m.

Liberal

Jean Augustine Liberal Etobicoke—Lakeshore, ON

Mr. Speaker, April 22 was the 31st anniversary of Earth Day, the largest environmental event in the world. Earth Day gave all Canadians and others around the world an opportunity to celebrate the importance of a safe, clean and sustainable environment.

The health of our environment depends on decisions about the croplands, freshwater, oceans, forests, fisheries and other natural resources on which life depends. There are over six billion of us on the planet who are consuming the world's resources. The future of our environment will depend on the actions we take now.

I join with my constituents in encouraging the Government of Canada to continue to demonstrate strong leadership on environmental protection and to promote an international environmental agenda.

Canada Book DayStatements By Members

2 p.m.

Liberal

Peter Adams Liberal Peterborough, ON

Mr. Speaker, April 23 is Canada Book Day. I want to celebrate it by telling you about the Writers' Development Trust of Canada, why the trust was founded and what it does.

A nation's culture is inseparable from its storytellers. Our writers not only entertain and enlighten us, they help define us as a people. It was the recognition of the seminal importance of Canadian writing that in 1976 led four visionary Canadians, Margaret Atwood, Pierre Berton, Graeme Gibson and the late Margaret Laurence, who lived in Peterborough riding, to create the Writers' Development Trust of Canada.

Then as now, its purpose was to nurture the growing community of Canadian writers, to ensure that amid the din of competing voices our own stories would be gathered and told in exquisite poetry and compelling prose.

In the intervening years, the writers' trust has remained faithful to the founding vision, establishing programs and prizes that celebrate and reward our distinctly and uniquely Canadian perspective.

Let us celebrate Canada Book Day.

Elmira FestivalStatements By Members

2 p.m.

Liberal

Lynn Myers Liberal Waterloo—Wellington, ON

Mr. Speaker, I would like to take this opportunity to inform all Canadians about the 37th annual Elmira Maple Syrup Festival which took place in my riding of Waterloo—Wellington on Saturday, April 7.

I congratulate the residents of Elmira, Ontario for once again hosting a most successful event, the world's largest one day maple syrup festival.

This year the event attracted close to 50,000 people, not only from the Waterloo region but from other parts of Ontario, Canada and even the United States to the picturesque town of Elmira to taste this great and delicious maple syrup. This year marked a very exciting milestone when the festival served its one-millionth pancake.

This festival is a wonderful event in the Waterloo-Wellington area and definitely a worthwhile experience.

I wish to congratulate the festival and its 2,000 volunteers who give of their time to raise money for local non-profit organizations. I am very proud of all those involved in this festival for once again organizing such a rich and enjoyable event.

Organ Donor AwarenessStatements By Members

April 23rd, 2001 / 2 p.m.

Canadian Alliance

Diane Ablonczy Canadian Alliance Calgary Nose Hill, AB

Mr. Speaker, she was her mom's sunshine girl and her family's princess. When 11 year old Sandrine Craig tragically died in a school bus accident, six people received her organs and tissue, generously donated by Sandrine's mother Diane and her brother Kenny. They gave new hope to six other families.

Sandrine's family and friends also initiated Sandrine's Gift of Life, a national donor awareness campaign, to increase the number of people who sign donor cards and to encourage them to share their wishes with their families.

Since then, donor cards have been distributed across the country. Diane Craig is co-chairing the campaign with broadcaster Don Cherry and the Hon. Gib Parent, former speaker of this House, both of whom have been personally touched by organ donation.

During this National Organ and Tissue Donor Awareness Week, everyone should talk to their family and friends about organ donation; someone's life depends on it.

Organ And Tissue DonationStatements By Members

2:05 p.m.

Liberal

Aileen Carroll Liberal Barrie—Simcoe—Bradford, ON

Mr. Speaker, it is my pleasure to inform hon. members and all Canadians that, this year, National Organ and Tissue Donor Awareness Week will be held from April 21 to 28.

Organ and tissue donation is a crucial health issue for Canadians. Last year alone some 1,800 organ transplants took place in Canada. However in too many cases organs and tissues that could have saved lives were not available. Last year some 3,700 Canadians were on waiting lists for transplants and 147 people died waiting.

Earlier today, Her Excellency, Governor General Adrienne Clarkson, hosted the annual Celebration of Life ceremony, honouring organ donation families and recipients across Canada.

I would like to recognize the organ and tissue donation families and recipients who are in Ottawa today. Our goal is to put Canada on the road to a strong national organ and tissue transplantation system. With their inspiration, we can work together toward this goal, giving hope of a better life to thousands of Canadians.

Summit Of The AmericasStatements By Members

2:05 p.m.

Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, the summit of the Americas has shown us the true face of our federal representatives.

Secrecy, scheming and paranoia characterized the attitude of the Minister for International Trade and his associates as they prepared for this summit, from which almost everyone was excluded.

Arrogance, pettiness and a casual disregard summed up the Canadian government's treatment of the Premier of Quebec, who was relegated to the role of observer at an event being organized in his own jurisdiction, in our national capital.

The reality is that Quebec is the sixth strongest economic power in the Americas. The reality is that Quebec is a developed, mature nation which is open to the world. The reality is that it would have been only natural for Quebec to be at the table in the same capacity as all sovereign nations and to negotiate itself the agreements which will change the lives of its people. The reality is that it is becoming increasingly evident that the Canadian federation is an obstacle to the development of a modern Quebec.

Summit Of The AmericasStatements By Members

2:05 p.m.

Liberal

Jean Guy Carignan Liberal Québec East, QC

Mr. Speaker, my colleague and I seem not to have attended the same summit.

I followed the summit of the Americas this past weekend in Quebec City with extreme pride.

Our Prime Minister and his government did a remarkable job. During this summit, the heads of state and of government reached consensus on a significant number of questions.

First of all, they reached consensus on a democracy clause. As a result, human rights, freedom and stability will be assured.

Discussions were also held on the benefits of economic growth for the population of the hemisphere and the available means for fostering social development and reducing inequalities as well as the involvement of civil society.

As this summit has come to an end, we must acknowledge the commitment of our heads of state and of government to a better future for the Americas.

AgricultureStatements By Members

2:05 p.m.

Canadian Alliance

David Anderson Canadian Alliance Cypress Hills—Grasslands, SK

Mr. Speaker, the federal Liberals have failed to defend Prince Edward Island potato farmers from unwarranted U.S. protectionism. The restrictions on the export of P.E.I. potatoes continue despite the fact that P.E.I. crops were cleared of potato wart some time ago.

Once again the federal government has treated an issue with inaction and complete disregard for farmers.

How can the minister of agriculture claim that he is working closely with the U.S. when he was not even able to meet with his U.S. counterpart, agricultural secretary Ann Veneman, when she came to Quebec City? Why did the Prime Minister not make arrangements for his minister of agriculture to attend the summit of the Americas to discuss the P.E.I. potato crisis?

It makes one wonder: Is anyone looking out for the interests of Prince Edward Island?