House of Commons Hansard #21 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was insite.

Topics

Respect for Communities ActGovernment Orders

4:45 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

Respect for Communities ActGovernment Orders

4:45 p.m.

Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, pursuant to Standing Order 45(7), I request that the vote be deferred to the end of government orders on Tuesday, November 26, 2013.

Respect for Communities ActGovernment Orders

4:45 p.m.

Conservative

The Acting Speaker Conservative Barry Devolin

Is it agreed?

Respect for Communities ActGovernment Orders

4:45 p.m.

Some hon. members

Agreed.

Safeguarding Canada's Seas and Skies ActGovernment Orders

4:45 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I am pleased to rise to debate Bill C-3, An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts, which was previously Bill C-57.

First, I would like to give a few statistics to support my argument. Clearly, this bill has a number of objectives, in particular that of improving safety when oil is shipped by water. That is an objective that interests us on this side of the House.

I think that this issue is particularly relevant and urgent given that tanker traffic tripled in Canada between 2005 and 2010, particularly on the west coast. The issue is extremely relevant since that traffic is expected to increase by 300% by 2016, and with all the pipeline expansion projects now on the table, the delivery of crude oil will increase from 300,000 to 700,000 barrels a day.

The bill makes only relatively minor amendments and improvements, but given how urgent and important this situation is, we will support the bill at second reading. There is no guarantee, however, that we will support it at third reading. The essential work will be done in committee.

One of the reasons why we are supporting the bill is this. Despite the figures I just mentioned, the government has reduced the funding for or eliminated a number of organizations that play a vital role in monitoring and quickly responding to oil spills or other marine disasters of this sort. For example, the government has cut funding for various marine communications and traffic services centres and for environmental emergency response centres.

The bill amends five laws. I think that we can all agree on the amendments. The first part of the bill, which amends the Aviation Industry Indemnity Act, provides for the compensation of airlines for loss, damage or liability caused by war risks.

Part 2 amends the Aeronautics Act to provide certain persons with powers to investigate aviation accidents or incidents, whether civilian or military. This will have to be clarified to determine the role of the armed forces, for example. Will they investigate an air disaster or catastrophe, an accident or incident, if it involves both civilian and military aircraft? The involvement of the armed forces in an investigation of such an incident will have to be closely examined in relation to the responsibility of the Transportation Safety Board.

Part 3 amends the Canada Marine Act. It amends the effective day of the appointment of a director of a port authority. This is a relatively minor amendment because the purpose of this part of the act is simply to amend the effective day based on the date of notice from a municipality or a government.

Parts 4 and 5 are much more important in terms of scope and consequences.

Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010. The convention itself provides that the owner of a ship shall be liable for the costs and expenses incurred by the Department of Fisheries and Oceans, by a response organization, or by any other person, in Canada or in a state that is a party to the convention, in respect of measures taken to prevent, repair, remedy or minimize damage caused by hazardous and noxious substances.

This is an absolutely fundamental issue, particularly having regard to the funding cuts, cutbacks and reductions that have been imposed by the Conservative government. We are talking about organizations based on both the west and east coasts.

One of these organizations that is directly affected is in the riding that I represent, Rimouski-Neigette—Témiscouata—Les Basques. This centre has been directly affected by the proposed closure of the search and rescue centre based in Quebec City, whose function, as its name indicates, is to carry out marine search and rescue operations, particularly in the St. Lawrence River up to the gulf and estuary. This centre remains open, but we cannot say that is thanks to the Conservative government. In fact, in order to save $1 million, according to the Minister of Fisheries and Oceans, the government wanted to close this centre which serves a vital function. It was opened in the 1970s as a direct response to criticism from the Commissioner of Official Languages. The needs of the communities on the northern and southern shores of the St. Lawrence, as well as of francophone users of the river, were not being met. I should point out that the government wanted to eliminate this centre and transfer its operations to Halifax and Trenton.

In a very recent report, the Commissioner of Official Languages found that closing this centre would result in the reduction and virtual elimination of appropriate search and rescue services in French. This has also been confirmed by the Canadian Coast Guard. It has been clearly demonstrated that the Halifax and Trenton centres are not equipped to provide these services. Not only is there the language issue, but there is also another extremely important issue: knowledge of the banks. This issue particularly affects the Quebec City centre, the Newfoundland and Labrador centre, and the west coast centres.

I would like the government to examine its conscience with regard to the bill we are now discussing, and also with regard to its responsibilities and actions in the area of marine transport safety.

Part 4 deals with the liability of ship owners who could be held liable for spills of oil or other hazardous substances. Another factor will be extremely critical, given the tragedy in Lac-Mégantic we witnessed not so long ago. In the case of rail transportation, the liability rests with the owner of the railway and the trains. In the recent Lac-Mégantic case, the insurance seems to be clearly inadequate in relation to the damage caused.

These recent cases involving rail transportation should serve as an example to us in marine transportation. I fervently hope that the transport committee or the appropriate committee will study this matter very seriously.

Finally, part 5 amends the Canada Shipping Act, 2001. Actually, it requires companies to notify the minister of their operations and to submit plans to the minister in order for operations to be conducted. Once again, the matter is one of prevention. The points we are discussing here are extremely complex. I want to make sure that the committee studying this bill does so diligently in order that safety and prevention needs are met.

We in the NDP have done our job. We have proposed various measures to expand the mandate of the bill and the scope of the amendments proposed by the government. We want to make sure that the bill on which we will be asked to vote will fully and completely protect the environment in which this shipping will occur. We must protect the coastal communities that lie close to the areas where ships already sail and where even more ships transporting hazardous materials, such as oil, will be sailing. Oil tanker traffic is going to increase considerably in the coming years, and the government must do its job and take this matter seriously.

I invite the government to give this extremely complex bill serious study and, in due course, to include in it the items that we have proposed so that it properly meets the country's future needs.

Safeguarding Canada's Seas and Skies ActGovernment Orders

4:55 p.m.

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, we feel that this bill is a step in the right direction. As my colleague pointed out, we will support the bill at second reading so that it can be sent to committee and panels of experts can address some of our concerns.

For example, the federal Commissioner of the Environment's recommendations on the mandate of the Canadian Coast Guard, which is to respond to oil spills from offshore platforms, is not covered under Bill C-3. This is one of the instances where we find that the bill does not go far enough. The bill contains some good measures, but we would like to see more.

I would like my colleague to expand on this point, because it is one of our concerns. People throughout the Atlantic region want to feel safe. The federal Commissioner of the Environment has expressed his concerns about this. I would like my colleague to talk about the improvements that could be made to this bill.

Safeguarding Canada's Seas and Skies ActGovernment Orders

5 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, this is an extremely relevant issue. Indeed, the report of the Commissioner of the Environment is and will be extremely useful to the work of the committees. There are changes we would like to make to this bill. We do not want to take anything away from the bill; we just want to add to it, to make it more comprehensive.

These are part of the measures that have been proposed and that directly concern the government's actions. For example, the government could cancel the closure of the B.C. regional office for oil spill emergencies. This closure makes no sense if we really want to tackle the issue of marine safety for shipments of hazardous materials.

We would also like the government to take this opportunity to cancel the cuts to the main environmental emergency programs, including in the event of an oil spill in Newfoundland and Labrador and in British Columbia. In addition, we want the government to strengthen the capacity—which is currently non-existent—of petroleum boards to deal with oil spills, as recommended by the Commissioner of the Environment.

We are actually supporting a wider scope for this bill, and we hope the government will listen.

Safeguarding Canada's Seas and Skies ActGovernment Orders

5 p.m.

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, today I am pleased to speak to Bill C-3, An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts.

I will start with some background. This is the former Bill C-57. Unfortunately, it died on the order paper when the government made the wonderful decision to prorogue Parliament. When the bill was introduced, the official opposition's natural resources critic, the member for Burnaby—New Westminster, wrote to the Minister of Transport. I would like to begin by reading some excerpts from his letter.

I should say that I have been an MP for just over 30 months now and I sometimes feel disillusioned because I feel that the opposition and the governing party are really not listening to each other. We have come up with good solutions. We are ready to give credit to the government where credit is due, but in our democracy, a majority government could not care less about what we say. That is why I think it is important to mention that my colleague from Burnaby—New Westminster went to the trouble of writing to the minister on April 5, 2013. He prefaced his letter by stating that he was writing on behalf of the official opposition.

In the second paragraph of his letter, my colleague pointed out that Bill C-57 had a few good things going for it. He added that the piloting experience required and increased oversight were a step in the right direction, but he noted that there was still a long way to go to make up for the draconian cuts that had been made to oil tanker safety in the previous federal budget.

He started by saying that we supported the bill in principle. In fact, we asked the government to send the bill to committee before second reading in order to address some of our concerns.

For example, my colleague wrote in his letter that, under Bill C-57, authorities would report directly to the Minister of Transport in the event of an accident. The bill also limits liability. That said, accident prevention is barely mentioned. He said that he was certain that the minister understood why British Columbia residents were not satisfied with a simple response plan in the event of an oil spill off the west coast. This is not a trivial matter. They want to ensure that action will be taken.

He closed his letter by saying that we hoped the Conservative government would choose to cancel its decision to cut safety measures and that it would broaden the scope of Bill C-57.

We actually said that Bill C-57 was a good bill, but that we wanted to broaden its scope a bit. In response, we received a self-congratulatory three-page letter from the Minister of Transport.

It said thanks for taking the time to write to me on Bill C-57, the safeguarding Canada's seas and skies act. I am glad that you recognize the positive aspects of this legislation. Blah, blah, blah.

In those three pages, the government boasted about being good for Canadians. It is rather incredible.

As the official opposition, the NDP did attempt to kickstart the dialogue that unfortunately has broken down in Ottawa. The NDP wanted to work with the government to do more, to better serve Canadians and to better respond to the concerns of people living in coastal areas. Unfortunately, the government was not the slightest bit interested in our proposals. It told us that it did not have to do what we wanted.

I would like to say that in the three-page letter written by the then minister of transport, he never mentioned that our proposals had some potential. He did not apologize for not allowing us to study it in committee; he did not even acknowledge that that was the purpose of the letter. It was so arrogant on his part. It is unfortunate.

Now the bill has returned under another name: Bill C-3. As my colleague mentioned, this bill will amend five acts.

Part 1 enacts the Aviation Industry Indemnity Act, which authorizes the Minister of Transport to undertake to indemnify certain airlines for loss, damage or liability caused by events that are commonly referred to in the insurance industry as war risks.

This creates a system under which the government covers the costs of damage in the event of unlawful attacks such as rebellion, hijacking or armed conflict. It is about keeping important air services in operation in Canada in the event of a crisis.

We are seeking clarification on some small points. The government is so afraid of what it is proposing that it is not ready to go to committee to answer our questions. I find that annoying.

Part 2 amends the Aeronautics Act to provide certain persons with powers to investigate aviation accidents or incidents involving civilians and aircraft or aeronautical installations operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force.

We want in-depth consultation on this part with expert witnesses, in particular in terms of the discretionary powers of ministers.

As hon. members are aware, Conservative ministers have been giving themselves a lot of discretionary powers for the past two and a half years. We would like to have a little more information about this.

We would also like to go deeper into the matter of public disclosure of the results of investigations. We are all in favour of transparency.

Part 3 amends the Canada Marine Act in relation to the effective day of the appointment of a director of a port authority. There is no problem with that.

Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010.

I will quote what that 2010 international convention added:

The Convention covers the following damage resulting from the carriage of [hazardous and noxious substances] by sea: loss of life or personal injury on board or outside the ship carrying HNS; loss of, or damage to, property outside the ship; loss or damage caused by contamination of the environment; and costs of preventive measures taken by any person after an incident has occurred to prevent or mitigate damage.

Part 5 amends the Canada Shipping Act, 2001, to introduce new requirements for the operators of oil handling facilities.

On the whole, this is good, including the requirement to notify the minister of their operations and to submit plans to the minister. I live in hope that the minister will notify Canadians as soon as he is notified.

Part 5 introduces a few points, including a new requirement whereby the operators of oil handling facilities must submit to the minister a response plan, civil and criminal liability for response organizations engaged in response operations, the application of new measures and monetary sanctions, with new investigative powers for Transport Canada investigators.

I see I am almost out of time. Those are the five pieces of legislation that will be affected by this bill. As I said, that is not bad. Overall, I agree with the bill. I would have liked it to go a little further. This is a common problem with our Conservative friends. Basically, I would have liked it to go to committee, but we will have to wait for third reading.

We will be voting in favour of this bill at second reading. That does not mean we will be supporting it at third reading. We will wait and see what the experts have to say.

I wanted to talk a little bit about what this will involve, but I will go directly to what we want to see in this bill.

We came up with about 10 ideas of what we want to be included. Among them, we would like the cancellation of plans to reduce Coast Guard services and close stations, including the Coast Guard station in Kitsilano. We would also like the cancellation of cuts to marine communications and traffic services, including the maritime traffic control communications terminals in Vancouver and St. John's.

The government must cancel the closure of the British Columbia regional office.

I will not have enough time to name all of them. We had about 10 good recommendations. I imagine my colleagues who sit on that committee could list them. It is important that we take the time to do a proper study. I would have liked to refer this to committee before second reading, but since this is where we are, I would be happy to answer questions from my colleagues.

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:10 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, my question is for the member for Notre-Dame-de-Grâce—Lachine

The NDP tried to talk to the Department of Transport in order to make some changes and additions to the bill before it was introduced in the House to make it more comprehensive, complete and appropriate with respect to marine transportation of dangerous goods. That is what we want to talk about today.

Compensation in case of a disaster is an extremely important part of this bill. We want the owners of ships involved in disasters to be fully liable for the damage they cause. For example, Norway and Greenland have no set limits on how much damage a shipping company can be liable for. That raises two questions.

First, should Canada also ensure that shipping companies are fully and solely liable? Second, in light of the tragedy we recently experienced in Lac-Mégantic with respect to rail transport, should the government not also ensure that the law includes measures requiring shipping companies to ensure they have the means to assume the cost of cleaning up a marine disaster?

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:10 p.m.

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I would like to thank my colleague for those two very relevant questions.

I often look to Norway and Greenland for inspiration. We do not necessarily need to follow in their footsteps, but our committee should look closely at the standards they have set. That way, we can weigh the pros and cons and determine whether we should move in the same direction. I hope that we can invite experts from those two countries to our committee or talk to them via video conference, so that we can ask them some questions.

As for his second question, concerning the transportation of dangerous goods, we unfortunately saw what happened in Lac-Mégantic. Today, the minister made an announcement, and the government is using this tragedy to score political points. It is quite appalling, but that is what we must contend with.

I get the impression that we are not concerned enough about the transportation of dangerous goods in this country, even though I know the transport committee will be studying it. Transportation of dangerous goods by land, sea or air must be taken seriously. It does not make sense that there is no law telling companies what to do.

Under this bill, oil carriers will have to submit plans to the transport minister, but is that enough?

It seems as though the price tag for Lac-Mégantic will be quite high, and the company is not even able to pay for the damage it caused. Is that normal? Must the government always pay? We are talking about saving taxpayers' money. Should that company have had the money needed to cover the costs associated with that disaster?

Those are all good questions that need to be answered in committee.

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:15 p.m.

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, the hon. member did not have time to finish talking about how to improve the bill.

The NDP will support this bill because it is a step in the right direction, but we regret that the government has refused to expand the scope of the bill at the request of the NDP.

Can the hon. member tell us more about what the NDP is demanding with regard to the changes it would like to make to this bill to ensure that Canadians feel safer?

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:15 p.m.

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I thank my colleague for her question.

It is true that I did not have time to mention all our recommendations and I hardly talked about the environment although the purpose of the bill is to improve the environment and to protect our seas and oceans.

Among other things, we would require the Canadian Coast Guard to work with its American counterparts and conduct a parallel study to examine the risks resulting from additional tanker traffic in Canadian waters. We know how many tankers are in our Canadian waters, so it is absolutely crucial to use this bill before us to improve the situation. I would point out that many people and groups support our positions.

I would like to end with a short quote. Federal Commissioner of the Environment Scott Vaughan stated that, even with the Kitsilano Coast Guard resources, a Suezmax-type supertanker, carrying between one and two million barrels of crude oil, “significantly exceeds Transport Canada's spill-response thresholds”. When our Commissioner of the Environment says that, we must ask ourselves some serious questions.

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:15 p.m.

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I am very pleased to speak to this bill, especially since transportation safety affects the residents of La Pointe-de-l'Île a great deal.

In my constituency, trains carry hazardous materials into the heart of Montreal. My constituency also has refineries and petrochemical industries. It is therefore very important for the residents of La Pointe-de-l'Île to know that they are safe and that they can count on their government to put the strictest measures and the tightest regulations in place so that disasters such as the one in Lac-Mégantic, or the oil spill in the Gulf of Mexico, do not happen again.

Today, during question period, two of my colleagues asked questions about a spill in Athabaska. I therefore feel that the debate we are having today is very important, so that Canadians can feel safe. Serious accidents are happening more and more frequently. People have unfortunately lost loved ones. I think it is extremely important for Canadians watching these debates on television to be able to say that they can finally count on the government and on Parliament to keep them safe in their homes.

That brings me to my second point. As I said, the NDP is going to support this bill because it is a step in the right direction. The bill contains a number of positive features, such as the requirements for piloting and for surveillance. We might also mention the increased safety of oil tankers and especially the toughening of reviews, inspections and aerial surveillance. Unfortunately, this small step in the right direction will hardly improve safety at all. It is also very weak in light of the dangers that have resulted from all the cuts that the Conservatives have announced in their budgets since their majority government came to power in 2011. Yes, it is a step in the right direction, but we are faced with years of neglect in transportation safety by sea, by rail or by road. We are dealing with years of lack of regulation, of deregulation, and of neglect. This is a political choice and I find it very regrettable that the Conservatives are using Canadians' fear as a political lever. Saving money on the backs of Canadians and at the cost of their safety is no way to govern.

As I said in my speech earlier today on supervised injection sites, we are talking about public safety. If we can save just one life, there is no reason not to adopt the strictest and most important regulations. I think it is absolutely ridiculous. We have no words for how horrible this is. It is also unfortunate to see that the Conservatives have decided to close the Quebec City search and rescue centre, which will put many lives at risk. Because of the budget cuts to British Columbia's oil spill response centre and to the Kitsilano Coast Guard station, in British Columbia, the measures in Bill C-3 will unfortunately not keep Canadians safer.

For instance, the response time will be longer. If we look at the east coast, the Quebec City centre is the only bilingual centre, so francophones might not be able to receive service in French anymore when they call for help.

We support this bill, so you might wonder why my speech today points out the negative aspects. As I said, it is because this bill seeks to correct mistakes after years of neglect. However, to add insult to injury, this bill does not even include the best regulations and standards for Canadians.

For example, in my introduction, I drew a parallel with railway safety. Many derailments have unfortunately made headlines in recent years. The Lac-Mégantic tragedy is sort of the pinnacle of this neglect. Now the players are starting to wake up. The Prime Minister decides to go to Lac Mégantic and the Minister of Transport makes announcements.

Why then do the Conservatives not want to work with us to avoid this type of tragedy in the future and to avoid losing any more friends, to ensure no more Canadians are lost and no more spills harm our environment?

The Conservatives passed this bill somewhat hastily because Canadians are increasingly objecting to their projects, such as the Northern Gateway pipeline, for example.

The government is dismantling all environmental regulations. While the bill is a step in the right direction, it is a very minuscule step, unfortunately. It will barely address the Conservatives' neglect and the millions in cuts they have made to our safety. I previously mentioned the search and rescue centres as well as the emergency response centres.

I have risen several times today to implore my colleagues to ensure that the safety of Canadians will not be set aside and that the savings sought by the government will not be realized at the expense or to the detriment of our constituents—of Quebeckers and Canadians.

The role of government is not only to provide services, but also to ensure that people feel safe in their homes. They must feel safe when they drive their car and cross a railroad track. They also need to know that their environment and their health are safe.

The NDP has repeatedly proposed a very important principle, the polluter-pay principle. We would like the Conservatives to consider this principle and for companies and response organizations to be required to have enough insurance to clean up their mess.

My colleague pointed out to me that the damage caused at Lac-Mégantic totaled more than $300 million and the company had only $25 million in insurance. Who will cover the rest, then? The government will. Canadians will.

It is important to remember that prevention is better than any bill or any action we could take. We must ensure that we are right here to debate and find a way of providing Canadians with the best standards and the best regulations so that they are safe at home. They must be able to rely on the fact that the government cares about their environment and their safety.

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:25 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, part of the good work of an opposition is not only to oppose government policy and legislation where it needs to be opposed, but also to work with the government sometimes to improve legislation that may be well intentioned but could use improvement. Bill C-3 is an example where the New Democrats are prepared to offer cautious support for this bill, which does some good things, but does not go far enough in terms of protecting our coasts and public safety.

Some of the things I know New Democrats want are for the government to reverse Coast Guard closures and the scaling back of services, including the closure of the Kitsilano Coast Guard station in my province; to improve marine communication traffic service centres; and generally to improve safety on our coasts to ensure they are safe for people and traffic.

Could my hon. colleague comment on some of the positive changes that the New Democrats might want to offer to this bill so we can make it better and stronger legislation?

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:25 p.m.

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I thank my colleague very much for his question. I know he has worked extremely hard with his colleagues from British Columbia to try to have the Conservatives reverse their decisions, especially those to close the Kitsilano Coast Guard station and the emergency response centres.

This bill would provide more resources, but it does not go far enough. Indeed, the NDP has tried to widen the scope of this bill, to enable the people who work on the ground and have the required expertise to move forward with their efforts to make Canadians feel safer.

We asked the Conservatives to reverse their decision to close the Coast Guard station and the search and rescue centre. This was precisely intended to give resources to the people on the ground, to make Canadians feel safer at home.

Safeguarding Canada's Seas and Skies ActGovernment Orders

5:30 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

The member for La Pointe-de-l'Île will have three minutes for questions and comments when the House resumes debate on this motion.

It being 5:31 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

Corrections and Conditional Release ActPrivate Members' Business

5:30 p.m.

Conservative

Dave MacKenzie Conservative Oxford, ON

moved that Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence), be read the second time and referred to a committee.

Mr. Speaker, before I begin, I would like to thank Kim Hancox-Spencer for all of her time, patience and help in getting this bill to this stage.

It is my honour to rise today and have an opportunity to speak to my Bill C-483 and highlight our Conservative government's strong action to support victims of crime. Our Conservative government has worked to re-establish Canada as a country where those who break the law are held accountable for their actions, where sentences match the severity of crimes and where the rights of victims come before the rights of criminals. We believe that victims must be at the heart of the criminal justice system.

Since 2006, we have provided more than $120 million to respond to the needs of victims of crime. The Safe Streets and Communities Act, one of our first bills after forming a majority government, was a significant accomplishment, one that further strengthened support for victims. For example, the Safe Streets and Communities Act provides the Parole Board of Canada and Correctional Service Canada with additional authority to give information to victims.

The Safe Streets and Communities Act brought about meaningful changes in the lives of victims by ensuring that the concerns of victims were taken into account in parole hearings. Victims have consistently called for greater fairness and a greater voice in the criminal justice system. This imbalance between the rights of offenders and the rights of victims was also noted in a report released in 2010 by the Office of the Federal Ombudsman for Victims of Crime.

Our government has listened and we continue to take action to support victims of crime. We have announced our plan to bring forward legislation to create a victims' bill of rights, one that will enshrine victims' rights in federal law—

Corrections and Conditional Release ActPrivate Members' Business

5:30 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please.

The hon. member for Malpeque is rising on a point of order.

Corrections and Conditional Release ActPrivate Members' Business

5:30 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Yes, Mr. Speaker. My point of order is relevance.

I thought we were here to debate the private member's bill. I have not heard one word on the private member's bill yet. All I have heard is a lot rhetoric about what the government is doing. I thought this was a private member's bill.

Corrections and Conditional Release ActPrivate Members' Business

5:30 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

I thank the hon. member for Malpeque for his intervention. He will know, of course, that relevance is part of the standing orders as it relates to debate.

That said, the hon. member for Oxford is not even two minutes into his remarks. I am certain that he is going to bring that together, in terms of the question that is before the House.

The hon. member for Oxford.

Corrections and Conditional Release ActPrivate Members' Business

5:30 p.m.

Conservative

Dave MacKenzie Conservative Oxford, ON

Thank you, Mr. Speaker. I think if the member for Malpeque would just wait for a couple of seconds, he will understand.

This commitment was recently reaffirmed in the Speech from Throne, which noted that our government will introduce a victims' bill of rights to restore victims to their rightful place at the heart of our justice system.

Indeed, these are all important steps. We are pleased with the progress we have made. We are taking the necessary steps to reshape the criminal justice system into one that is more responsive to the needs of victims. That is why I introduced the bill before us today, which would build upon the previous measures introduced by our government.

Bill C-483 proposes to amend the Corrections and Conditional Release Act as it relates to escorted temporary absences for offenders convicted of first- or second-degree murder. The bill is consistent with our commitment to ensuring that the needs of victims and victims' families be considered when correctional officials make decisions affecting a prisoner's release. An escorted temporary absence would allow a prisoner to leave prison for very short periods of time, for very specific reasons. As the name implies, the inmate is escorted for the duration of the absence by law enforcement, possibly a sheriff or a correctional officer.

I would like to take a few moments to briefly outline the current structure for escorted temporary absences, as set out in the Criminal Code.

With the exception of specific situations I will mention in just a moment, the Parole Board is the releasing authority on escorted temporary absences for all those serving indeterminate sentences, from the start of their sentence up until they reach day parole eligibility. For those sentenced to a minimum sentence of life imprisonment, eligibility for day parole occurs three years prior to eligibility for full parole.

The exception to this is the escorted temporary absence for medical reasons, judicial proceedings, or a coroner's inquest, which can be authorized by the Correctional Service of Canada at any time in the sentence. Once those serving an indeterminate sentence reach day parole eligibility, the Correctional Service of Canada then becomes the releasing authority for escorted temporary absences, and so remains until the time the offender is conditionally released into the community.

That is the current scheme. I would now like to take a moment to examine what Bill C-483 proposes to do.

The bill proposes to grant the Parole Board of Canada authority for the full length of the sentence to grant or cancel escorted temporary absence for offenders convicted of first or second degree murder.

The exception to this would be that the Correctional Service of Canada would retain the ability to authorize escorted temporary absences for medical emergencies. This would mean that the wardens of federal prisons would no longer have authority to grant temporary escorted absences to inmates convicted of first- or second-degree murder, except in a medical emergency.

Instead, the authority would rest with appointed Parole Board of Canada members, who are accountable for their decisions.

As I have previously noted, for some victims' families, the decision-making authority of wardens to grant escorted temporary absences to murderers has been a matter of great concern. There are several reasons for this, including the decision-making process, access to hearings, a victim's right to make a statement and access to decisions.

I will briefly touch upon each of these reasons.

When a decision regarding an escorted temporary absence is made by the Correctional Service of Canada, no hearings are conducted, as decisions are made on an administrative basis by institutional heads. In contrast, when decisions by the Parole Board of Canada are made, hearings are conducted until the first escorted temporary absence has been approved, and further hearings can be held at the Parole Board's discretion.

Given the administrative nature of decisions made by the Correctional Service of Canada regarding escorted temporary absences, victims and the public are not granted access to the decision-making process.

However, when the Parole Board of Canada conducts a hearing, a victim or a member of the public who applies in writing is permitted to attend as an observer at a hearing where their attendance would not disrupt the hearing, present security concerns, adversely affect the person providing the information to the Parole Board, or adversely affect the appropriate balance between the public interest in knowing and the offender's application.

Furthermore, under the power of the Correctional Service of Canada, not only is there no right for victims to attend the decision-making process, they also have no right to make a statement when decisions are made for an offender's escorted temporary absence. When the Parole Board of Canada conducts a hearing on an escorted temporary absence, the victim may present a statement. The victim may comment on the harm or damage that has resulted from the offence and its continuing impact, including concerns for his or her safety, and on the possible release of the offender.

Even if the victim does not attend, the Parole Board of Canada has the option to allow the presentation of a statement in an alternative format therefore still allowing the victim's voice to be heard.

Finally, the Corrections and Conditional Release Act does not require the Correctional Services Canada to maintain a registry of its decisions therefore limiting access to information for the victim and accountability to the public. However, the Parole Board of Canada must maintain a registry of its decisions and decisions rendered by the Parole Board under section 746(1) of the Criminal Code along with the reasons for its decisions.

An individual who demonstrates an interest in a case, may, on written application to the Parole Board, have access to the contents of the registry related to that case. This request is balanced out in order to ensure that no information is disclosed of which could reasonably be expected to jeopardize the safety of any person or reveal the source of information obtained in confidence. This allows the victim to access not only the decision on an escorted temporary absence but also the reasons for its approval or refusal.

As we can see, there are flaws in the current system that result in a non-accountable and inaccessible system and hinder the rights and voices of victims.

Through my private member's bill, I want to ensure that proper measures of transparency and access are in place for all individuals affected by temporary absences, including the victims. It is also our firm belief that the decisions of the Parole Board of Canada should be respected in letter and spirit as it is an institution that is accountable to all Canadians. I believe the bill is a step in the right direction in this regard.

As I conclude, I would reiterate our government's strong commitment to keeping our streets and communities safe and to a fair and efficient justice system that supports the rights of victims. I hope we can count on the support of the NDP and the Liberals for this common sense measure.

Corrections and Conditional Release ActPrivate Members' Business

5:40 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I thank the member for Oxford for his remarks. I will have more to say in a few minutes about it.

He puts a very large onus on the Parole Board of Canada, given that we have something near 3,000 people serving sentences for murder in our system. If all the escorted temporary absence requests have to go to the Parole Board, I wonder if he talked to the Parole Board before the preparation of the bill about whether it would have the necessary resources to accommodate the solution he has proposed, especially in view of the fact the government just cut another $3 million from the Parole Board budget this year. It has a 20,000 person pardon backlog with which it is unable to deal.

Therefore, the member's specific solution to this problem seems to present additional problems for the Parole Board in terms of resources.

Corrections and Conditional Release ActPrivate Members' Business

5:40 p.m.

Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I do believe the Parole Board can handle whatever the issue is, but my friend opposite has to have some thoughts about the victims. One of the problems that this has created, and I mentioned the name of the victim who had brought this matter forward, is that the Parole Board makes its decisions in an open and transparent manner, providing accessibility to victims and their families.

In these cases, what happens is the Parole Board is taken out of the equation and it goes to the warden of the prison. I have no complaints about the warden of the prison or anything of that nature. It is the process that is wrong. The victims get no information. As a result of that, they are not allowed any input into it. Therefore, all of a sudden there is a surprise that an inmate has been granted day parole by a warden and has not gone through the parole system, which is the system that is developed to provide some access to victims.

Corrections and Conditional Release ActPrivate Members' Business

5:40 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, my question is somewhat along the same lines as the last question and that is one of resources, both human and financial.

Could the member for Oxford tell us how much more this will cost the criminal justice system? It is a more onerous process with people involved in the Parole Board. While he is at it, because certainly we will be raising these questions at committee if it gets there, could he tell us, seeing as we are going to this new system, what are the number of offences that have occurred by these people who have been granted temporary escorted passes by wardens? Does he have any evidence to show that they have committed offences when they have been on temporary escorted passes?