Debates of April 29th, 2013

Strengthening Military Justice in the Defence of Canada Act

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I will try to take those in order.

First, if the Parliamentary Secretary to the Minister of National Defence is now saying that the Liberal Party's amendments would pass in the committee, we should have that discussion. However, given the actual behaviour of the government in the last several years, amendments in committee never see the light of day because, with all due respect to my good colleague from Ajax—Pickering, he has no authority here. All the shots are being called by the Prime Minister's office.

Second, with respect to looking to other judicial traditions, the member is either not a lawyer or is disparaging of the Baltic States, of a 1,000-year-old legal tradition. I am not prepared to disparage Lithuanian legal jurisprudence.

Of course we stand on our own two feet. Of course Canada is a wonderful contributor. However, we look to other jurisdictions because we admit our limitations and we know there are really good valuable lessons to be had in other jurisdictions.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, as to what the Liberal member has said about making amendments in committee, we realize is difficult. We realize the Conservatives have a majority on committee and they are not inclined to make any amendments.

However, we on this side of the House, the NDP, the official opposition, are not willing to sit on our hands. We will make proposals. We will try to make amendments in committee. We will let the Conservatives vote against the amendments. They have the majority.

Why will the Liberal Party not join us in making amendments at the committee?

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, our role and our obligation as members of Parliament in the House is to seize every available opportunity to try to make a positive contribution, which is precisely what we are doing today.

It is simply too important to be, in my view, tangled up in procedural wrangling. This is an appeal to the Government of Canada, and particularly the Minister of Justice and Attorney General of Canada, who as I alluded to earlier I believe is in breach of his own code of ethics, his own responsibilities as a member of the bar.

We are saying that we can get this better on behalf of the men and women in the Canadian Forces. We owe it to them.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I too am pleased to speak on Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts. As with most bills, there are some good points and some problems with some of the clauses in this particular bill. I will spend most of my time on concerns with changes to the military justice system. I want to outline a few good points that are to the government's credit, but overall the bill does not have the balance that is needed.

Providing for security of tenure for military judges until their retirement is a good proposal. Permitting the appointment of part-time military judges to conclude cases in a timely manner is fine, and specifying the purposes, objectives and principles of the sentencing process makes a lot of sense.

However, the area of concern is that the bill makes amendments to the delegation of the power of the Chief of the Defence Staff as the final authority in the grievance process, and it makes consequential amendments to other acts to make that possible.

The Liberal Party does not believe that introducing a criminal record for Canadian Forces members for certain service offences is fair and just, since the means for pardoning offences has been recently removed by the Conservatives. What Bill C-15 would do is enshrine in law a list of military offences that would carry a criminal record, some of which are hardly appropriate for a criminal record, and others before me have spoken about the seriousness of this measure.

I expect many offices, both on the government side and this side of the House, have dealt with people who have applied for pardons, have found the period has been extended for a longer period of time and as a result have found themselves in an employment category that is probably not as good as they otherwise would have had if they had been able to receive their pardons in a timely fashion. In fact, I have talked to a quite a number of people who said that obtaining a pardon used to carry a reasonable cost but is now very expensive and difficult to afford.

There is an attack by the Government of Canada on people who have, yes, done wrong in life, but punishment is everything on the government side, it seems. Yes, a lot of these people got into trouble, but they can be productive players in Canadian society, and the ability for people to be productive players in Canadian society has been diminished by what the government has done on the pardoning provisions alone, and that hurts us all. It hurts society and it hurts the economy.

Under the new rules, Canadian Forces members would be left haunted by a record, would be unable to find employment upon release and would face greater difficulties in getting a pardon.

Michel Drapeau, who is a retired colonel, noted the following in his committee testimony:

—[an] accused before a summary trial has no right to appeal either the verdict or the sentence. This is despite the fact that the verdict and sentence are imposed without any regard to the minimum standards of procedural rights in criminal proceedings, such as the right to counsel, the presence of rules of evidence, and the right to appeal.

That is a serious matter in terms of the list of military offences, some of which should not be criminal charges, that would affect individuals and individuals' families. As I said, tougher rules to obtain pardons even diminish the ability for folks to contribute to the Canadian economy.

The other very serious matter in the bill that we find extremely problematic is that the Vice Chief of the Defence Staff can intervene and give direction in military and police investigations. The Vice Chief of the Defence Staff is certainly subject to the code of service discipline, but the ability to intervene in a case and maybe deny a case or have more authority in a case is a concern.

I am personally worried by the lack of separation we are seeing in the military justice system. I am worried about the balance of justice, the fairness aspect and in this case, the ability of the command structure to influence and control. As well, as I said earlier when the Parliamentary Secretary to the Minister of National Defence was on his feet and laughed at this, thinking it was not possible, I am also worried that the situation in the military of superior authorities influencing decision-making down the line is starting to creep its way into the criminal justice system.

Let me spell out what I mean in that regard. This weekend we found out about the decision of the Conservative government to forbid any RCMP official from meeting with members of Parliament without prior approval from the office of the Minister of Public Safety.That decision carries with it all the implications of the government transforming the RCMP into a Conservative Party security service.

I say that in relation to this bill because we are seeing influence higher up in the chain, whether it is through the military system or now, seemingly, through the civil justice system by the Minister of Public Safety imposing rules that the RCMP is not allowed to talk to members of Parliament unless the minister's office is first notified. It is political influence on the day-to-day policing carried out by Canada's national police force. That is absolutely wrong.

The Minister of Public Safety with the Department of Justice and cabinet designed the law, and that is good and appropriate, but for a minister to be involved practically in the day-to-day affairs of policing is way beyond the pale.

As a former solicitor general, I was well aware that one of the principal obligations was to ensure that there was never a hint of direct political interference in the activities, obligations and duties of the RCMP. That standard of professionalism no longer exists under the current Prime Minister and Minister of Public Safety. We found out about that this weekend.

What will this mean? I see what is outlined in Bill C-15 creeping into the civil justice system under the authority of the Minister of Public Safety.

It would mean that before approval of any requests by members of Parliament to meet with members of the RCMP to discuss what at times could be sensitive security issues related to constituents, the political staff within the minister's office will have access to the request and, of serious concern, the reasons for the request. This, in short, will give Conservative Party operatives sensitive information related to individuals, information that should only be shared with law enforcement personnel who have the training and the mandate to have access to that information. That is a serious matter.

Being compelled to inform the political staff in a minister's office about a simple meeting, maybe just over law enforcement in my riding, could jeopardize individuals or investigations. I make that statement in relation to Bill C-15 because it is a recent issue that has not been talked about: the creeping aspect of the authority of the Vice Chief of the Defence Staff in all things related to the military justice system.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, I listened to my hon. colleague's dissertation, and his tinfoil hat may be on just a bit tight.

He talked to Bill C-15, which has been debated through three different bills in three different Parliaments. I really think it is time that we moved on. It may not be perfect in every aspect, but it makes great progress on an issue that is important to the Canadian Forces and it is important to the men and women in the Canadian Forces, who understand it far better than my hon. colleague does.

The members rambled off into other issues that have nothing to do with Bill C-15, other than the aforementioned headpiece. I believe I heard the member say that members of Parliament are being denied the ability to be involved in day-to-day policing. Unless I misheard him, is he saying that members of Parliament should be involved in day-to-day policing discussions with the RCMP?

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, the member, for whom I have a lot of respect, could not have gotten what I said more backwards than he did.

I raised the issue because of the directive of the Minister of Public Safety to the RCMP, as announced by the Commissioner of the RCMP, to the effect that members of Parliament are not allowed to talk to commanding officers or whomever in the RCMP unless the minister's office is first informed. That is not getting into day-to-day issues of the RCMP from the perspective of the member of Parliament; that is doing our jobs as members of Parliament by talking to commanding officers about policing in a region, talking about what is needed if we see a problem in one area and more personnel are needed on the ground, et cetera.

However, what is terribly wrong about it is that the Minister of Public Safety now is involving himself in day-to-day policing and that operatives, political staff in that minister's office, are going to have to be informed on issues that could be serious concerns that would be better left with the police that are involved.

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

Mr. Speaker, I have a question for my colleague, but first, I would like to say something about the committee's study of Bill C-15.

The study in committee lasted longer than normal, about four hours. If you look at the committee transcript of those four hours, not one Liberal member spoke. During a four-hour meeting, the Liberals did not speak at all.

I would like to know why they thought it was a good idea not to participate in the four-hour debate in committee and why they are raising these issues now.

Why did his colleague not bring this up in committee when it was studying Bill C-15?

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I hate to remind my hon. colleague, but that is what this place is for. It is for debate by those members who do not have the opportunity to sit on that particular committee. It is for us to raise our concerns as individual members. I do not know if it is the same in the NDP as it is in the Conservative Party, where individual members really do not stand in their own right and have their own fair say; however, in the case of our party, our member at the committee basically supported the amendments of the NDP—not quite all, as a few were a little bizarre, but most were supported by our colleague.

The government asked where our amendments were. The fact that no sensible amendments supported by both the NDP and the Liberals got through committee just shows how undemocratic and dictatorial the government side has become.

Members who sit on that committee who are not members of the executive council take their orders from the Prime Minister's Office. They shut down debate and do not allow amendments, and that is why we are getting so much bad legislation in this House, and it is why I am on my feet. This is bad legislation. It sets a bad example in a lot of categories because it would give the Vice Chief of the Defence Staff too much power, and it needs to be changed.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I would like to talk about one of the points that my colleague just raised. He spoke about the role of the House of Commons within our Canadian democracy. It is a place where anyone can bring up ideas related to the topic of debate.

I am not a member of the Standing Committee on National Defence. We have an extremely competent critic who is a member of the committee. I was therefore not fully aware of the issue raised by Bill C-15. I had heard about this bill and I had heard that it left a lot to be desired. However, I was not able to examine the issue before the bill made it to the House and we had a chance to examine it more closely.

This once again highlights what an important role the House of Commons plays in our country's democracy. I congratulate our dear colleague who just spoke for bringing up that point.

I would also like to say something about my colleague from Winnipeg North.

I remember when the member for Winnipeg North joined the House of Commons not long ago after a very exciting by-election win in Winnipeg. He brought tremendous experience as a provincial legislator to that race and then to Parliament. I remember being very impressed by his oratorical skills, his ability to speak in Parliament and to get right to the core of an issue so that we could better understand what was at stake in any debate. When I learned that he had been a member of the armed forces I doubly appreciated his public service and what he has done for this country. He joins two eminent Canadians, one of whom is sitting to my left, the member of Parliament for Westmount—Ville-Marie, who also was a member of the military. Not only was he Canada's first astronaut in space, but he was also a member of the naval forces and used his skills and knowledge as an engineer to support that arm of the armed forces. In the Senate we have Senator Roméo Dallaire, a great military man, a great Canadian, a great internationalist, and of course a great Liberal. We have on this side of the House a fair amount of depth when it comes to discussing military issues. I am proud to say that I belong to this caucus.

The government has for years disparaged the opposition by saying that it does not support the military. In any crisis or any situation where the military was discussed with a certain amount of intensity, the government never missed a beat in questioning the esteem with which all members of the House, including members of the opposition, hold members of our military, not only veterans but currently serving members.

I ask members to look south of the border for one minute. I wonder if they can recall a time when, in a crisis or in any other situation, the military has been used as a partisan weapon by one party to attack another. In a crisis, have we heard presidents say members of the other party do not respect the military, do not believe in the military, do not have the best interests of the military at heart? I do not hear that from south of the border, yet that is supposed to be a society so much more divided than ours, so much more polarized than ours.

Government members talk a good game when they talk about supporting the military, but when it comes time to give charter rights to members of the military, they do not talk about such things but rather gloss over them.

I would remind hon. members that two weeks ago was the 31st anniversary of the Charter of Rights and Freedoms. That anniversary day coincided with the day that the new Liberal leader, Justin Trudeau, met with--

[Some hon. members]

Oh, oh!

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

--his caucus for the first time, as leader of the party. That was a fine day.

[The Acting Speaker, Conservative, Barry Devolin]

Order, please.

I would just remind the hon. member, and all others, not to use the names of their colleagues.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I apologize. I should have known better. I have been in this House long enough to know that.

There was a time when soldiers held a very different position in society. I know that the hon. member for Ajax—Pickering, who no doubt studied history, understands that the role of the military in society has evolved over time. There was probably a time, and he probably knows better than I, when the military was considered somehow on the bottom rungs of society, perhaps there were slaves in the military, and they did not enjoy the same rights as those who governed society or as those who practised other trades.

However, society has evolved and now members of the military, to quote another individual, are equals in society. They are citizens who wear the uniform and show a great deal of commitment to the values upon which this country is based, a commitment so strong that they are prepared to put their lives on the line to promote and to defend those values around the world.

Members of the military are equal members of society. They have a right to the same protections under the Charter of Rights and Freedoms and we owe them a great deal.

Let us talk a bit about changing attitudes and about morale.

We know that if we want our men and women in the military, who are volunteers, who put themselves in harm's harm, to do their best for our country, if we want them to protect us with the commitment that they show every day, it is important that they feel respected by society, that they feel they are respected by us, that they are respected under the Charter of Rights and Freedoms.

In this sense, we are talking about enlightened self-interest. It is in our enlightened self-interest to ensure that members of the military have the morale, that they feel the respect that will allow them to do the best job they can on our behalf.

I will get a bit more into the detail of the bill, and it is not all bad. Not every part of the bill is bad. I would remind the House that the bill came out of a process that involved the House of Commons and the Senate. I would like to touch a little on the background of the bill.

The bill originated from recommendations made in a report by the Right Hon. Antonio Lamer, the late former Chief Justice of the Supreme Court, as well as from recommendations contained in a report by the Senate Standing Committee on Legal and Constitutional Affairs, entitled, “Equal Justice: Reforming Canada's System of Court Martials”.

I would like to underscore the word “equal”, equal justice, in the title of the Senate report. I think this is very important in the context of today's debate because this is really what we are standing up for today, on this side of the House. We are standing up for equality and fair treatment of those like the hon. member for Winnipeg North, like the hon. member for Westmount—Ville-Marie, like the hon. Senator Roméo Dallaire, who have committed themselves to protecting this country from what is obviously a very dangerous world, at times.

I think I will end on that note.

Truro Bearcats

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, I rise in the House today to congratulate the Truro Junior A Bearcats on hosting the Fred Page Cup. The Fred Page Cup is the Eastern Canadian Junior A hockey championship that starts this Wednesday and runs throughout the weekend. The Ontario champion, the Quebec champion, the Maritime champion and the host, Junior A Bearcats, will play to see who gets the right to go to the national championship, the Royal Bank Cup.

I want to congratulate the executive and coach of the Truro Bearcat organization: Stu Rath, the chairman; Keith MacKenzie, the president; and of course Shawn Evans, the head coach.

I cannot wait to be there on Saturday and Sunday when the Truro Bearcats raise the cup above their heads and claim victory. Go Bearcats, go.

Volunteerism

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, each year, thousands of people offer their time to an organization, for free, to help those in need. Each act of volunteerism has a profound, positive impact on society as a whole. Given that the current government demonstrates nothing but a lack of commitment towards those most in need, volunteerism is taking on immeasurable value.

In the past year, I have had the opportunity to pay tribute to the following people and their commitment to volunteering by presenting each of them with a Queen's Jubilee Medal: Marika Draper, Raymond Simard, Celina Yarish, Howard W. Graham, Joseph Henri Dollis, Michel Gendreau, Georgette Dulude Fyfe, Daniel Villeneuve and Bernard Boyer.

I would also like to congratulate Pauline Miron Gaudreau, who was recently awarded a medal by the National Assembly for her more than 50-year involvement in various community organizations, including the Marie-Reine association in Saint-Constant, which raises money to help abused women. As National Volunteer Week just ended, I would like to wholeheartedly thank these generous volunteers.

The Environment

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, Friday marked a historic day for environmental and energy sustainability. The first barrel of oil flowed from Imperial Oil's new Kearl oil sands facility near Fort McMurray.

What makes this really historic is that Kearl produces a barrel of oil from the oil sands at a comparable greenhouse gas emission level to refineries producing conventional oil in the U.S. That is right. In fact, studies show that Kearl oil has a GHG level below that of California's heavy oil.

High-tech innovation is greening our oil sands. Kearl is Imperial Oil's finest achievement to date and its largest at $30 billion, showing that energy, the economy and the environment can work together to benefit all Canadians.

This is just one of the amazing innovative environmental achievements that our world-leading energy companies are using as they unlock our oil sands potential.

Harry Huntington and Lloyd MacDonald

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

Mr. Speaker, I rise today to pay tribute to two great Cape Breton community leaders who recently passed away. Mr. Harry Huntington of Marion Bridge and Mr. Lloyd MacDonald of Ironville.

Harry, a native of Cape Breton, was a successful businessman and innovator, while also offering his time to numerous community events and organizations. He was a passionate farmer and I was very fortunate to have had the opportunity to work with him on several agricultural projects in Central America. Harry was also an author. He wrote the story of his life and incorporated a lot of Cape Breton's local history into his work. I offer my deepest condolences to Harry's wife Wilma, a true lady, and to his family and friends.

Lloyd, better known as “Tokyo Lloyd”, not only sold many cars, but created many jobs and gave back to the community. He also played a mean fiddle. It was always heartwarming joining him and his family at Loaves and Fishes every Christmas Eve. I offer my deepest condolences to his wife, Winnie, his family and friends.

Cape Breton will miss them both dearly.

Multiple Sclerosis

[Eve Adams, Conservative, Mississauga—Brampton South, ON]

Mr. Speaker, I rise today to bring attention to a disease that has ravaged the Canadian population for many years. Multiple sclerosis, MS, is the most common neurological disease affecting young adults in Canada. It is a devastating disease that ravages the body. Sadly, our nation has one of the highest rates of MS in the world.

The MS walks will take place this weekend. I am proud to be volunteering again, just as I was humbled to be named the honorary chair of the MS Walkathon when I was pregnant. I loved fundraising for their read-a-thons with schoolmates 25 years ago.

I encourage members of Parliament on both sides of the House to get involved and help Canadians in the fight against MS.

Hochelaga

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, on April 6, the new Rio Tinto Alcan Planetarium opened its doors in my riding. Thanks to its outstanding cutting-edge exhibits that transport us throughout the Milky Way, Montreal will shine brighter than ever before. The Planetarium is part of Space for Life, which includes the Insectarium, the Biodôme and the Botanical Garden.

On June 22, the beauty of our wonderful Botanical Garden will be reinvented when Mosaïcultures Internationales returns to Montreal after a 10-year hiatus. Some 50 majestic works of horticultural art will be on display. People of all ages are invited to Hochelaga to explore the planets that surround us and learn to appreciate and protect biodiversity in our communities.

These four signature Montreal institutions are definitely worth the trip. Together, they honour nature and science and truly are a Space for Life.

Don McLean Westacres Pool

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, the oldest outdoor pool in Mississauga will continue to serve the Applewood community for decades to come, thanks to the vision and hard work of my constituents, together with the support of our government.

It was my privilege recently to announce that our Conservative government is providing $990,000 through the community infrastructure improvement fund for the renovation of the Don McLean Westacres pool.

This pool had not had an update in almost 50 years and was not scheduled for one for quite a few more years. This changed when Brenda Morris, Paulette Rende, Christine Crockett and other local moms started talking to their neighbours about how important it would be to have the pool renovated to allow children with disabilities to have full access.

I am delighted to work with the city once again and would like to thank Ward 1 Councillor Jim Tovey for his persistence in getting the pool on the agenda for discussion at city council.

The pool was renamed Don McLean Westacres to honour the man who led the original fundraising drive for the pool more than 50 years ago.

Then, as now, this pool served as a symbol of the vibrant and enduring Applewood community spirit and a reminder of what can be achieved by the power of moms.

Pennies and More for Polio

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, I rise in the House today to highlight Rotary International's Pennies and More for Polio initiative.

In Canada, Rotarians raised $2.2 million through Pennies and More for Polio, which was matched dollar for dollar by CIDA and the Bill and Melinda Gates Foundation.

In total, $6.8 million was raised, which will support the immunization of millions of children. We have seen great success in stamping out this disease, and the eradication of polio will continue until the few vulnerable pockets are cleansed.

I extend special recognition to my constituent, Dr. Robert Scott, for his commitment and leadership as chair of Rotary International's polio eradication committee.

I applaud the successful efforts of my fellow Rotarians in Canada who surpassed their goal in collecting funds to combat this debilitating disease.

Seniors

[François Pilon, NDP, Laval—Les Îles, QC]

Mr. Speaker, last Friday, in this very chamber, we had the first hour of debate on my bill.

This bill, An Act to amend the Old Age Security Act (funeral arrangements), would help lift seniors out of poverty and provide peace of mind for their heirs. My NDP colleagues and I are very committed to this bill. It seems that our Liberal colleagues also support it.

The cost of the measure in Bill C-480, which will provide real assistance for our seniors and their families, is $132,400 a year. As incredible as it may seem, the Conservative government has indicated that it will vote against the bill.

It seems that an annual investment of less than an MP's or senator's salary in order to reduce poverty among Canadian seniors is too rich for the Conservatives.

I invite the Prime Minister and his caucus to set partisanship aside for once and to work with us to reduce poverty among seniors. The most—

[The Speaker, Conservative, Andrew Scheer]

The hon. member for Fundy Royal.

Brain and Neurological Research

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, I am pleased to speak today to our government's announcement to provide matching funds for innovative research through our support for Brain Canada.

We know that innovative research will reduce the burden of neurological disease on Canadians. It can help us learn how to prevent neurological diseases from developing. It will foster development of innovative tools to make early diagnosis. It can also lead to discoveries that will improve treatment.

Our government supports working with the private sector on research. We have doubled the funds available for this project by matching private funds.

Today's announcement is the result of a collaborative effort by the W. Garfield Weston Foundation, Brain Canada, the Krembil Foundation and others.

I am proud of our government's leadership on brain and neurological research, and we look forward to seeing the lives of Canadians improved as a result.

Immunization

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, last week was World Immunization Week, which gives me an excellent opportunity to remind everyone that immunization is one of the best public health tools at our disposal to prevent disease. This has never been clearer to me than it was during my recent trip to Malawi at the invitation of Results Canada.

I saw first-hand the effects of immunization on families and especially their communities. I saw hundreds of women and children waiting for their injection.

While immunization is a trivial matter to us here in Canada, it provides those women and children with hope for a better, healthier life. Canada must continue funding immunization clinics to ensure that such a future remains possible for all.