House of Commons Hansard #24 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was senate.

Topics

Criminal CodePrivate Members' Business

6:45 p.m.

Liberal

Irwin Cotler Liberal Mount Royal, QC

Mr. Speaker, I rise to address Bill C-452, as have my predecessors this evening, which seeks to combat human trafficking and exploitation.

As I have said previously in debate on the bill, the true measure of a society's commitment to equality and human dignity is the protection it affords its most vulnerable members, and the victims of human trafficking are among the most vulnerable of all. It is therefore to the credit of this House that efforts to deal with this compelling concern have been initiated and supported by hon. members on all sides.

I was proud to introduce Canada's original human trafficking legislation, as minister of justice, in 2005, and I am pleased to acknowledge the subsequent and ongoing special contributions of the member for Kildonan—St. Paul, who spoke this evening.

Of course, I would like to thank the member for Ahuntsic for introducing the bill that we are looking at today. I intend to support it.

The bill before us seeks to bolster efforts to combat human trafficking and exploitation in three important ways.

First, by adding these offences of trafficking to those for which the forfeiture of the proceeds of crime applies, the bill seeks to ensure thereby that traffickers do not profit from their actions.

At committee, several witnesses testified that the average annual profit from trafficking one woman is $280,000. Moreover, according to the 2012 U.S. State Department report, the international trade in human beings generates approximately $32 billion each year. It is the fastest growing criminal industry in the world.

Éliane Legault-Roy, from the Concertation des luttes contre l'exploitation sexuelle, testified that this industry “responds solely to profit and customer demand”.

I completely agree that the government must be able to seize the proceeds amassed by those who treat human beings as goods to be sold.

Second, the bill aims to facilitate the prosecution of human trafficking offences by reversing the onus of proof such that an individual habitually in the company of a person who is exploited would be presumed complicit in the exploitation, absent evidence to the contrary.

The justice committee heard from several witnesses that victims in such cases are reluctant to testify in court due to fear of facing their abusers and to the trauma of having to talk openly about their ordeal. It is therefore important to minimize the demands placed on victims in human trafficking trials to prevent their re-victimization, as this provision seeks to do.

At the same time, it is generally a fundamental principle of our justice system that the burden is on the state to prove that the accused is guilty, rather than requiring the accused to prove his or her innocence. The member for Ahuntsic has correctly noted that reversals of the burden of proof do exist in our Criminal Code, but they are rare, and for good reason. Accordingly, reverse onus provisions must be implemented with the utmost caution so as to minimize the risk of wrongful conviction.

As such, the Liberal member on the justice committee proposed amendments that would have specified that the reverse onus in Bill C-452 would apply only to those who live off the avails of exploitation and are over the age of 18. This change would have preserved the bill's intent of lessening the burden on victims at trial while reducing the chances that this reverse onus provision might, in exceptional circumstances, entrap an innocent person. I regret that these amendments were unsuccessful, although, as I say, I will support the bill nonetheless.

Finally, Bill C-452 aims to deter the expansion of human trafficking operations by requiring offenders to serve their sentences consecutively, such that each additional victim represents an additional penalty to the offender. Many witnesses at the justice committee expressed frustration that concurrent sentences are currently the norm in human trafficking cases. For example, Robert Hooper, of Walk With me Canada Victims Services, told the committee:

...when you are able to garner upwards of $200,000 to $300,000 per trafficked victim in one year, and the only real risk in sentencing is a concurrent sentence for each additional victim, the trafficker is almost compelled to expand his business empire with little risk of significant ramifications to him in the criminal justice system here in Canada.

I share the goal of making consecutive sentences the norm for human trafficking convictions. At the same time, I am reluctant to remove discretion from judges, as the bill does, by making consecutive sentences mandatory in all such cases. It is certainly possible to make consecutive sentences the norm while still allowing judges to order concurrent sentences in exceptional cases, providing they give reasons for departing from the usual practice.

This is precisely what a Liberal amendment proposed at committee would have done, and I regret that it, too, was unsuccessful. As with the amendment to which I earlier referred, this one would have preserved the bill's raison d'être while ensuring that our justice system remains well equipped to deal with unusual and unforseeable circumstances. Still, once again, I share the objectives of this legislation and believe that its effects would be generally positive, and I will, as I mentioned, vote in favour of it.

I will now turn to a matter of process that arose at committee and that warrants our attention.

The justice committee began clause-by-clause consideration of Bill C-452 on May 6. At that meeting, the bill's sponsor, the member for Ahuntsic, was present and permitted to speak by the chair. This was both appropriate and helpful for committee members and for all parliamentarians, who benefited from hearing the perspective of the member who proposed the legislation.

However, at the end of the meeting the Conservative members chastised the chair for having let the member for Ahuntsic participate. When clause-by-clause study resumed on May 8, at which time additional amendments were considered and a clause that had previously carried was reviewed and deleted, Conservative committee members refused to allow the member for Ahuntsic to take part in debate on her own bill.

The member for York West moved to let her speak. The government still rejected the motion. In the words of the committee chair, “...for a private member's bill I think every member has the right to come and talk to the bill and the amendments to it. ... I think that's only fair....”

I agree fully, and I find it deeply regrettable that Conservative members denied the member for Ahuntsic the opportunity to address significant changes proposed to her own legislation.

As we know, in most cases the sponsor of a private member's bill can substitute for a colleague from the same party and so participate in committee discussion. However, when the bill is that of an independent member, as happened in this case, that option is not available to them. It is therefore, as the chair said, only fair to invite them as an additional and important voice. The Conservatives' refusal to do so was prejudicial to the principle of open and informed debate, essential to our legislative process. Moreover, the silencing of the member for Ahuntsic constituted a missed opportunity to act in a collegial manner on important legislation that enjoys all-party support.

I would hope that hon. members would take pains to act collegially even when we disagree. How much more so should we seize opportunities such as this to join together in mutual respect and common cause?

In that same spirit, I would like to thank the member for Ahuntsic for introducing this bill.

I thank the member for Kildonan—St. Paul, who made yet another important intervention this evening, and others in the House for their efforts on this issue. I thank the many Canadians, including the witnesses who testified at committee, for their daily efforts to combat human trafficking and to help the survivors of exploitation rebuild their lives.

I will close by importantly recognizing the victims, both those bravely attempting to recover from the horrors of past ordeals and the millions in Canada and around the world who, as we speak, are exploited and enslaved. I look forward to continuing with members of all parties in the fight for their freedom.

Criminal CodePrivate Members' Business

6:55 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

There being no other members rising to speak, I invite the hon. member for Ahuntsic to take advantage of her right of reply. She has five minutes.

Criminal CodePrivate Members' Business

6:55 p.m.

Independent

Maria Mourani Independent Ahuntsic, QC

Mr. Speaker, I would like to begin by thanking all of my colleagues for their speeches and for their support for this bill. This demonstrates that when we work together in the interests of Canadians, we create positive results.

I will not use my five minutes because I know that we all wish to see this bill referred to the Senate so that it can follow its course. We have been debating this bill in the House for about a year or a year and a half, and it has unanimous support. Therefore, Mr. Speaker, I am sure you can understand that we are simply eager to vote unanimously to send this bill to the Senate.

Once again, I would like that thank everyone in the House.

Criminal CodePrivate Members' Business

6:55 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

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

Criminal CodePrivate Members' Business

6:55 p.m.

Some hon. members

Agreed.

Criminal CodePrivate Members' Business

6:55 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

(Motion agreed to, bill read the third time and passed)

The EnvironmentAdjournment Proceedings

7 p.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I rise today in the House to follow up on a question I asked the Minister of the Environment. The Parliamentary Secretary to the Minister of the Environment responded to me a few weeks ago about in situ oil sands projects and federal environmental assessments.

In my question, I said that the Conservatives had dismantled the laws governing Canada's environmental assessment process. However, that was not enough to please their buddies in the industry. Now they are going even further to exempt in situ oil sands projects from any federal review, even though this kind of oil sands project is becoming more and more common, which is, in itself, a contradiction.

How do the Conservatives justify this decision, which does not seem informed and even seems dangerous? My hon. colleague, the Parliamentary Secretary to the Minister of the Environment, compared the in situ oil sands projects to blueberry washing facilities. I do not know where that idea came from.

The in situ oil sands projects are nothing like a blueberry washing facility. The level of danger is not the same. If polluted water is spilled, the problem will not be the same. I did not understand and I do not think I ever will understand how my hon. colleague could keep a straight face while comparing the oil sands to blueberries. He would have to explain it to me because I do not get it.

According to the Conservatives, environmental assessment is costly and results in delays. On the contrary, good environmental assessments save money in the long term and result in fewer delays as there is less to go on the defensive about in the event of legal action. The Conservatives must learn that the environment and the economy cannot be separated. They are inextricably linked. They strengthen society and make effective environmental assessments possible.

As they say, prevention is better than a cure. We must not wait for the damage to be done; we must prevent it. Unfortunately, this exemption for in situ oil sands projects does not do that.

The Conservative government is ignoring extensive discharging of materials harmful to the environment caused primarily by the oil sands industry. Millions of litres of toxic water are dumped with disastrous environmental consequences. This is due to the Canadian government's lax approach, which is based on a weak environmental assessment process.

Canadians are worried about the government's laissez-faire attitude towards environmental protection. They are worried about the potential impact on global warming. We should remember that the government recently went to Warsaw, where it embarrassed itself once again.

I would like to know why the Canadian government and the parliamentary secretary believe that it is a good idea to exempt in situ oil sands projects. I hope that they will not use the blueberry comparison again, as it is a ridiculous response.

The EnvironmentAdjournment Proceedings

7 p.m.

Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of the Environment

Mr. Speaker, I want to thank my colleague from Drummond for the opportunity to elaborate on his question.

Our government is committed to environmental protection and sustainable development. In fact, it is this Conservative government that has been strengthening environmental laws, setting higher safety standards and has been committed to enshrining the polluter pay system into law. That being said, I appreciate the opportunity to inform the member opposite of a few facts pertaining to the federal environmental assessment process that he may not have been aware of prior to asking his question.

First, it is important for the member opposite to understand that in situ oil stands were never on the project list, so there has been no change there.

Second, this project list has been expanded to include projects that were not on it before. Therefore, in this regard, we have actually strengthened our environmental assessment process. Let me be clear. There has been absolutely no dismantling of the laws governing federal environmental assessment.

Quite to the contrary, the Canadian Environmental Assessment Act, 2012 strengthens environmental protection and brings the federal regime into the 21st century. This legislation brought in enforceable environmental assessment decision statements to ensure proponents comply with required mitigation measures to protect the environment. Federal inspectors now have the authority to examine whether or not conditions of a decision statement are being met. There are penalties for non-compliance.

After this legislation was passed, the Minister of the Environment talked to Canadians about its implementation. Comments were sought on whether amendments should be made to the regulations that identify which projects may require a federal environmental assessment. A variety of interests provided their views, and those views were given very careful consideration. Changes to the regulations have been made to ensure they reflect those major projects that have the greatest potential for significant adverse environmental effects in areas of federal jurisdiction. This will increase certainty and predictability for project proponents and for all Canadians.

Let me again reiterate for my colleague opposite there has been no decision to exempt in situ oil sands projects from any federal review. In situ oil sands projects are not covered in the environmental assessment regulations that came into force through the amendments. They were not covered in the regulations before the amendments, and they were not covered in regulations under the former legislation. To make things perfectly clear for the member opposite, in situ oil sands projects have never been subject to federal environmental assessments, and federal permitting and approvals processes related to in situ projects have not changed.

Federal environmental assessment will continue to be implemented in a manner that supports responsible resource development to the benefit of all Canadians.

The EnvironmentAdjournment Proceedings

7 p.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I am a little angry. My honourable colleague, the parliamentary secretary, should not say that I do not know what I am talking about.

I was a member of the Standing Committee on Environment and Sustainable Development and I studied the Canadian Environmental Assessment Act. I can assure him that the list is new. The Conservatives are the ones who made that change and they are the ones who established a list that does not include in situ oil sands projects. They are the ones who excluded them.

There never used to be a list. Instead, there were triggers. When there was a trigger, we considered the in situ oil sands project. My colleague should not try to mislead me because I studied this issue for two years as a member of the Standing Committee on Environment and Sustainable Development. He should not say that I do not know what I am talking about because it makes me a little angry.

I do not intend to get angry at him because he is usually quite nice to me. However, he should not tell me that I am not familiar with this issue when I am quite knowledgeable on the subject. Before, when there was a trigger, we examined the in situ oil sands project. Now, the Conservatives have excluded those projects from the list, which is a very serious and dangerous thing. That is why we are speaking out about this and that is why I am saying that it is absolutely essential that in situ oil sands projects be included in the list or that we go back to using the trigger process that is set out in the Canadian Environmental Assessment Act.

We also need to let people share their views with regard to the Canadian Environmental Assessment Act. Right now, environmental groups basically no longer have the right to express their views on these projects.

The EnvironmentAdjournment Proceedings

7:05 p.m.

Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, if the Canadian Environmental Assessment Act, 2012 had not been passed, we would continue to have a regime that requires environmental assessments of inconsequential projects with little potential for adverse impacts. That is what we talked about before in the answer with the blueberries. We would continue to have a regime without enforcement provisions. We would continue to have a regime lacking in predictable legislative timelines for the completion of an environmental assessment.

With the recent changes, environmental assessments will be focused on major projects that have a greater potential for significant adverse environmental effects. Federal resources will not be wasted considering assessments for an overly broad pool of projects.

Effective and timely environmental assessment is important for both Canada's environment and its economy. Our government's actions ensure federal environmental assessment is focused on the right projects.

The EnvironmentAdjournment Proceedings

7:05 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

The motion to adjourn the House is now deemed to have been adopted. Accordingly, this House stands adjourned until tomorrow at 2 p.m., pursuant to Standing Order 24(1).

(The House adjourned at 7:07 p.m.)