Debates of Jan. 28th, 2013

Question No. 1053

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, with regard to (a) and (c), Canada’s crimes against humanity and war crimes program is a coordinated intergovernmental effort between the Department of Justice; the Royal Canadian Mounted Police, RCMP; Citizenship and Immigration Canada, CIC: and the Canada Border Services Agency, CBSA. Allegations are received by the program through various means. Some allegations come directly from screening methods employed by CIC and the CBSA. Other complaints are received from the public, the media, other countries and international institutions.

Since the inception of the program, CIC and the CBSA have worked on thousands of cases in the context of war crimes. Due to the nature and purpose of RCMP investigations, the number of cases referred to the criminal inventory is considerably lower. The program’s coordination and operations committee, PCOC, composed of members from each of the program partners, facilitates interdepartmental coordination in assessing allegations and referring cases to the appropriate partner for further action. The program partners have continued to examine allegations of modern war crimes to determine which remedy would be best suited for each allegation. For example, in order for an allegation to be added to the RCMP/Justice department criminal inventory, among other considerations, the allegation must disclose personal involvement or command responsibility, and the evidence pertaining to the allegation must be corroborated and obtainable in a reasonable and rapid fashion.

When deciding whether to initiate a prosecution pursuant to the Crimes Against Humanity and War Crimes Act, the Attorney General or Deputy Attorney General must consider two issues: first, whether the evidence demonstrates that there is a reasonable prospect of conviction; and second, if so, does the public interest require a prosecution to be pursued?

With regard to (b), the 12th report on Canada’s Program on Crimes Against Humanity and War Crimes 2008-2011 provides a snapshot of the number and type of files that form part of Canada’s crimes against humanity and war crimes program.

This most recent report indicates that there are 58 modern war crimes files in the RCMP/Justice department inventory, and is available at the following link: http://canada.justice.gc.ca/warcrimes-crimesdeguerre/researchreports-rechercherapports-eng.asp.

Since the Crimes Against Humanity and War Crimes Act was passed in 2000, the Deputy Attorney General of Canada has consented to commencing two cases for criminal prosecution.

In May 2009, Mr. Munyaneza was convicted of seven counts of genocide, crimes against humanity and war crimes. The offences were committed against the Tutsi minority during the Rwandan genocide of 1994. In the second case, Mr. Mungwarere stands charged with crimes against humanity, also allegedly committed during the Rwandan genocide. His trial commenced in June 2012 and is ongoing.

With regard to (d), the goal of Canada’s crimes against humanity and war crimes program is to deny safe haven in Canada to people involved in war crimes, crimes against humanity, or genocide. The Government of Canada demonstrated its commitment to the program by granting it funding on a permanent basis in the 2011 federal budget. Further details of the program’s progress and activities can be found in the 12th report on Canada’s Program on Crimes Against Humanity and War Crimes 2008-2011.

Question No. 1055

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

With regard to overseas tax evasion: (a) of the 106 Canadians contained in a list of people with money in secret bank accounts in Liechtenstein, how many account holders or beneficiaries applied for the Canada Revenue Agency’s (CRA) Voluntary Disclosure Program; and (b) what individuals or organizations have lobbied the Minister of National Revenue or CRA on matters relating to overseas tax evasion, and on whose behalf were these efforts made?

[Gail Shea, Conservative, Minister of National Revenue]

Mr. Speaker, with regard to part (a), since receiving the names and starting compliance action on the 106 Canadians whose names appear on the list of having accounts in Liechtenstein, none of them have been accepted under the voluntary disclosures program, VDP, with respect to accounts in Liechtenstein.

With regard to part (b), the Lobbying Act was established on August 5, 2009. The CRA’s own records on lobbying activities begin on September 2, 2009.

A search was completed of the CRA’s records on lobbying activities from September 2, 2009 to September 1, 2012, the end date of the last available quarterly lobbying reports. This completed search has indicated that no individuals or organizations have lobbied the Minister of National Revenue or CRA’s designated public office holders on matters relating to overseas tax evasion.

Question No. 1057

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

With regard to the Department of Canadian Heritage: (a) what programs, grants and funding sources are available for authors, editors, or other content producers who have written, are writing, or are planning to write any kind of written material, such as books or magazines, broken down by (i) the eligibility requirements, (ii) the amount of funding available; and (b) how many people have received funding over the past five years, broken down by (i) the name of the recipient, (ii) the type of funding available, (iii) the program under which the funding was received, (iv) the project for which the funding was received?

[James Moore, Conservative, Minister of Canadian Heritage and Official Languages]

Mr. Speaker, the Department of Canadian Heritage does not fund authors, editors or other content producers directly. Federal funding of this type is only available through the Canada Council for the Arts.

Question No. 1060

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

With regard to enforcing the Crimes Against Humanity and War Crimes Act, from 2006 to 2012, for cases submitted and examined by the Minister of Justice: (a) what cases were recommended to him and retained, and why; and (b) what cases were recommended to him and not retained, and why?

[Rob Nicholson, Conservative, Minister of Justice and Attorney General of Canada]

Mr. Speaker, with regard to (a), the Crimes Against Humanity and War Crimes Act, CAHWCA, was enacted in 2000. Subsections 9(3) and 9(4) provide that the Attorney General of Canada or the deputy attorney general of Canada must give his or her consent for the commencement of a prosecution pursuant to the act. With the creation of the Public Prosecution Service of Canada in 2006, the director of public prosecutions, DPP, is the deputy attorney general for the purposes of initiating prosecutions.

Since 2006, the Attorney General or the DPP as deputy attorney general has consented to the institution of the prosecution of one criminal case, Regina v. Jacques Mungwarere, pursuant to the CAHWCA. This case is ongoing.

In making a decision whether to prosecute any case, Crown counsel must consider two issues: first, whether the evidence demonstrates that there is a reasonable prospect of conviction; and second, if so, whether the public interest require a prosecution to be pursued. These same issues are considered by the Attorney General or DPP when deciding whether to consent to a prosecution pursuant to the CAHWCA.

With regard to (b), when considering any case that is recommended for prosecution pursuant to the CAHWCA, the same two issues as described in (a) above, are considered. No cases have been recommended for prosecution that were not prosecuted.

Question No. 1061

[Louis Plamondon, Bloc, Bas-Richelieu—Nicolet—Bécancour, QC]

With regard to people convicted of war crimes and crimes against humanity: (a) how many people convicted of war crimes have we identified in Canada and, among these, how many are Canadian citizens, broken down by province; (b) how many people convicted of crimes against humanity have we identified in Canada and, among these, how many are Canadian citizens, broken down by province; and (c) for foreign nationals, in the case of people convicted of war crimes and crimes against humanity, how long have they been in Canada and why are they still in Canada?

[Vic Toews, Conservative, Minister of Public Safety]

Mr. Speaker, with regard to (a) and (b), only one person has been convicted pursuant to the Crimes Against Humanity and War Crimes Act, CAHWCA, which was enacted in 2000. The CAHWCA gives Canada the power to prosecute these crimes wherever they were committed if the perpetrator later moves to, or visits, Canada. Désiré Munyaneza was convicted in May 2009 of seven counts of genocide, crimes against humanity and war crimes. He is not a Canadian citizen. He resided in Quebec before his conviction.

As for (c), Mr. Munyaneza, a foreign national, arrived in Canada in 1997 and applied for refugee status. His refugee claim was denied, a decision that was upheld through various legal appeals. He was arrested by the Royal Canadian Mounted Police in 2005 and charged with two counts of genocide, two counts of crimes against humanity and three counts of war crimes under the CAHWCA. He was found guilty on all charges. Désiré Munyaneza was convicted by the Quebec Superior Court in 2009 for the commission of genocide, war crimes and crimes against humanity during the 2004 Rwandan genocide. He was sentenced to life imprisonment with no parole eligibility for 25 years. He is currently appealing his conviction to the Quebec Court of Appeal and has not been removed from Canada due to imprisonment.

More information is publicly available in the 12th report of Canada’s program on crimes against humanity and war crimes, 2008-11: http://www.cbsa-asfc.gc.ca/security-securite/wc-cg/wc-cg2011-eng.html.

Question No. 1066

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

With regard to Canadian Forces Base 9 Wing Gander: (a) what is the current status, including start dates (both planned and actual), for exactly what work, to be completed by what date, and for exactly what purpose, of (i) Building 86, (ii) the construction of a new headquarters, (iii) the new building for 91 Construction Engineering Flight, (iv) the new Logistics building, and (v) all other construction, renovation, or infrastructure improvement projects at the base; (b) what expenditures in (a) have been (i) budgeted, (ii) spent, and (iii) anticipated; and (c) what facilities, buildings, or infrastructure on the base are not the subject of any construction, renovation, or infrastructure improvement projects?

[Peter MacKay, Conservative, Minister of National Defence]

Mr. Speaker, with regard to (a)(i), Building 86 has been demolished. All cleanup work was completed on November 16, 2011.

With regard to (a)(ii) and (iv), this two-phase project will consolidate 9 Wing support units into a complex of two multipurpose facilities. The project is still in the definition phase and the start and end dates have not been confirmed yet. This project includes the demolition of a number of buildings.

With regard to (a)(iii), this project involves the construction of a one-storey structure to replace the existing 91 Construction Engineering facilities. It will contain administration offices, training rooms, shops, supply storage areas and an outdoor vehicle compound. Construction is expected to start in summer 2013, and is expected to be completed in fiscal year 2014-15.

With regard to (a)(v) every building and piece of infrastructure on the Wing is subject to some form of renovation, construction or improvement.

With regard to (b)(i) and (ii), Building 86 has been demolished. All cleanup work was completed on November 16, 2011. As for the new headquarters and logistics building, a definition expenditure authority for $2.4 million, excluding taxes, was approved on 28 July 2008. As the project is still in the definition phase, the total value of the project has not been finalized. Approximately $1.76 million was spent in fiscal year 2011-12, and $0.5 million expenditure is anticipated in fiscal year 2012-13. As for 91 Construction Engineering Flight, $5.67 million, excluding taxes, was budgeted for this project on 19 July 2010. The final budget costs are under review. Approximately $0.25 million has been spent on this project. The Department of National Defence anticipates spending $0.53 million in fiscal year 2012-13.

With regard to (b)(iii), all expenditures from question (a) were anticipated.

With regard to (c), every building and piece of infrastructure on the Wing is subject to some form of renovation, construction or improvement. All facilities are subject to day-to-day operation and oversight by DND personnel.

Question No. 1071

[Mathieu Ravignat, NDP, Pontiac, QC]

With regard to the Public Servants Disclosure Protection Act, given that it has been due for revision since April 2012: (a) when is the government planning to carry out the review; (b) how will the government carry it out; and (c) will the government increase awareness of this Act and, if yes, how?

[Tony Clement, Conservative, President of the Treasury Board and Minister for the Federal Economic Development Initiative for Northern Ontario]

Mr. Speaker, with regard to (a), the Government of Canada is strongly committed to maintaining and enhancing trust in the integrity of the federal public sector, and to ensuring transparency, accountability and ethical conduct in the workplace and with Canadians.

The government is committed to reviewing the Public Servants Disclosure Protection Act in keeping with the requirements of the legislation.

With regard to (b), a process for conducting the review is under consideration.

With regard to (c), the government promotes awareness of the Public Servants Disclosure Protection Act through meetings for practitioners, workshops, working groups and information sessions. Numerous communication products and support tools for organizations and employees such as guides, fact sheets, checklists and FAQs are currently available to all employees and the public on the TBS website, and more are under development.

Question No. 1079

[Brian Masse, NDP, Windsor West, ON]

With regard to the Automotive Innovation Fund expiring in 2013, have the Minister of Industry and Minister of Finance considered: (a) extending the Automotive Innovation Fund past the current 2013 deadline; and (b) renewing the program for another five-year period?

[Christian Paradis, Conservative, Minister of Industry and Minister of State (Agriculture)]

Mr. Speaker, the automotive innovation fund, AIF, was established to support strategic research and development, R&D, projects to build innovative, greener, more fuel-efficient vehicles. To date, the government has made investments in Ford, Linamar, Toyota and Magna. These repayable contributions have leveraged up to $1.6 billion in R&D and innovation investments in Canada.

On January 4, 2013, the Government of Canada announced a commitment of an additional $250 million over five years to the automotive innovation fund. The renewal of the fund will continue to stimulate research and innovation and will further strengthen the sector and secure Canada’s automotive footprint.

The AIF is only one part of the government’s broader approach to ensuring the right economic conditions are in place to support a strong Canadian auto industry.

Question No. 1097

[Mark Eyking, Liberal, Sydney—Victoria, NS]

With regard to the government's answer to Written Question No. 950 in the current session of Parliament, pursuant to what policy, directive, order, guideline, law or other document are the file numbers which were, in part, the subject of that question, deemed to be confidential?

[Keith Ashfield, Conservative, Minister of Fisheries and Oceans and Minister for the Atlantic Gateway]

Mr. Speaker, the decisions relating to the Marine Rescue Sub-Centre and Marine Communications and Traffic Services Centres closures were made by cabinet and are therefore considered cabinet confidences.

The requirement to protect the confidentiality of cabinet confidences is protected by convention, common law and legislative provisions.

Question No. 1101

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

With regard to the concerns raised in Chapter 5 of the 2012 Fall Report of the Auditor General concerning National Defence real property: (a) what Budget 2012 funding was internally reallocated within the Department of National Defence to address these concerns; (b) what was the amount of this funding, by military base and by off-base military building or location; (c) from which expenditure items were these funds reallocated; and (d) what type of work was funded by these reallocations, on which bases and over what time frame?

[Peter MacKay, Conservative, Minister of National Defence]

Mr. Speaker, chapter 5 of the 2012 Fall Report of the Auditor General concerning National Defence real property made 12 recommendations that focused primarily on improvements to the management of the National Defence real property portfolio.

The Department of National Defence has accepted the recommendations and is working towards their implementation. The department’s budget is allocated through the main and supplementary estimates rather than budget 2012 proposals.

With respect to the recommendation of the Auditor General on compliance with health and safety legislation, regulations and policies, paragraph 5.63, the department is implementing a national remedial solution that will provide bases and wings across Canada with the additional capacity necessary to inspect, test and maintain fire protection systems in accordance with national codes. The phased implementation of the national remedial solution will involve the centralization of responsibility and funding, and in this context, it is anticipated that costs related to the delivery of the national inspection, testing and maintenance solution will be proportionally borne by each respective custodian via a permanent baseline funding transfer.

The Canadian Forces Fire Marshal has developed the necessary contractual documentation to implement a regionally managed get well program. The first phase will cover Suffield, Wainwright and Cold Lake. The second phase will cover the Quebec region and the east coast. The third phase will cover the remainder of the Prairies and the west coast. Finally, the fourth phase will cover the central region and the north. A tender for a regional contract to conduct inspection, testing and maintenance activities at Suffield, Wainwright and Cold Lake was posted on MERX with a closing date of January 22, 2013. The first phase of the get well program will also serve to evaluate the effectiveness of the regional approach with a view to adjusting the implementation plan should it prove necessary. The aim is to have all necessary contractual mechanisms in place by the end of fiscal year 2013-14.

Question No. 1106

[Lawrence MacAulay, Liberal, Cardigan, PE]

With regard to websites accessed on the personal departmental desktops computers, lap top computers, mobile phones, including Blackberries, tablet computers, or other internet enabled devices paid for with taxpayers dollars to the Minister of State (Democratic Reform): (a) what are all the URLs of all websites accessed on said devices between 12:01 a.m. on December 6, 2012, and 12:01 a.m. on December 8, 2012, date and times inclusive; and (b) at what times were those websites accessed?

[Tim Uppal, Conservative, Minister of State (Democratic Reform)]

Mr. Speaker, the Privy Council Office has no records related to this request.

Questions Passed as Orders for Returns

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, furthermore if a supplementary response to Question No. 939, originally tabled on November 19, 2012, as well as Questions Nos. 1,035, 1,037, 1,038, 1,041, 1,045 to 1,047, 1,049 to 1,051, 1,054, 1,056, 1,058, 1,059, 1,062 to 1,065, 1,067 to 1,070, 1,072 to 1,078, 1,080 to 1,096, 1,098 to 1,100, 1,102 to 1,105 and 1,107 could be made orders for returns, these returns would be tabled immediately.

Question No. 939

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

With regard to funding for First Nations, Inuit and Métis, for each department and program in the last five years, how much funding was spent on: (a) operating costs, broken down by (i) salaries and benefits for government employees, (ii) salaries and fees for consultants hired by the government, (iii) other enumerated costs; and (b) transfers to First Nations, Inuit and Métis, broken down by (i) payments made to First Nations, Inuit and Métis organizations, (ii) payments made to First Nations bands on-reserve, (iii) other enumerated transfer payments?

(Return tabled)

Question No. 1035

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

With regard to federal grants and contributions, what were the amounts paid out in the Vaudreuil-Soulanges riding between April 1, 2011, and October 25, 2012, broken down by (i) the identity and address of each recipient, (ii) the start date for the funding, (iii) the end date for the funding, (iv) the amount allocated, (v) the name of the program under which the funding was allocated?