House of Commons Hansard #247 of the 41st Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was sports.
The House proceeded to the consideration of Bill S-209, An Act to amend the Criminal Code (prize fights), as reported (without amendment) from the committee.
An Act to Amend the Criminal Code (prize fights)Private Members' Business
Some hon. members
Agreed.
The Acting Speaker Conservative Bruce Stanton
When shall the bill be read a third time? By leave, now?
An Act to Amend the Criminal Code (prize fights)Private Members' Business
Some hon. members
Agreed.
Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC
moved that the bill be read the third time and passed.
Mr. Speaker, I am pleased to open the third reading debate of Bill S-209, An Act to amend the Criminal Code (prize fights).
No changes were proposed in committee, so Bill S-209 has not been amended. Since the bill is rather short, that is not surprising. We heard from several interesting witnesses in committee. Most of them were in favour of this bill, and only one opposed it.
I think it is important to take everyone's opinions into account so that we make the best possible decisions. The concerns that were raised were not about the bill itself, but about combative sports in general.
This is not a matter of promoting a specific sport. All sports involve their own risks. Many Canadians participate in certain sports knowing full well the associated risks.
This bill would modernize the Criminal Code to reflect what is really going on in our society by decriminalizing several extremely popular combative sports, such as karate, tae kwon do and mixed martial arts.
Although they are illegal under the Criminal Code, these sports are widely practised by Canadians across the country. The provinces tolerate these sports by designating them as boxing matches. Since the combative sports section of our Criminal Code has not been updated in 80 years, the provinces have had no choice but to tolerate them.
This situation is all the more ridiculous considering that certain combative sports are now Olympic sports, but they are illegal in Canada if we enforce the Criminal Code word for word. Young children participate in these sports.
No one in the House is questioning a person's right to participate in these sports. We are not trying to promote these sports or discourage Canadians from participating in them. All we want to do is modernize our laws to reflect today's reality.
The Canadian Medical Association told us that it thinks we should ban mixed martial arts and boxing, but it did not have a problem with other combative sports, such as karate or tae kwon do, which also involve hits to the head.
However, with the exception of boxing, these sports are all officially illegal, but tolerated. Doing nothing would not change anything. People would continue to participate in these sports, even though they could technically wind up in court for doing so.
Other sports, for example skiing and hockey, cause many serious injuries such as fractures and concussions. If we had to ban every sport involving risks, only sports such as curling and badminton would be left.
During the same meeting of the Standing Committee on Justice and Human Rights, another doctor who works in the world of combative sport, told us that he supports the bill. He explained that the health risks for participants can be reduced considerably by implementing safety regulations and measures. This particular doctor believes that by decriminalizing these sports we will foster regulated rather than underground competitions, which occur more frequently than we might imagine.
Researchers at Johns Hopkins University faculty of medicine published an article in the Journal of Sports Science and Medicine in 2006. They studied injuries sustained in mixed martial arts, which they found were similar to those in boxing and other combative sports. What is more surprising is that they believe fewer brain injuries are sustained in mixed martial arts than in boxing, because fewer mixed martial arts competitions end in knockouts compared to boxing.
As members probably know, a knockout usually occurs when the brain hits hard against the skull. However, mixed martial arts fights frequently end as a result of an armlock or choke. The competitors are often less inclined to punch because they want to avoid being pinned to the ground. In short, given that boxing is legal, we really do not have any good reasons to ban mixed martial arts.
This bill will decriminalize these sports and allow the provinces to regulate them.
A province could pass much stricter regulations for amateur mixed martial arts contests, such as not allowing a competitor to hit an opponent who is down. The bill does not aim to dictate rules for the sport; it aims to give tools to the provinces. The situation is ambiguous right now. If we do not amend the Criminal Code, there will be a threat hanging over the heads of the organizations involved in these disciplines because someone could contest their legality in court.
The bill will also have a positive impact on the growing industry of professional fights, which has been incredibly successful in Canada in the past few years. UFC is unbelievably popular across the entire country. Canadians represent approximately 25% of the global fan base. Organizers would obviously like to arrange fights in Canada as often as possible, which would inevitably bring a large number of tourists as well. There will be significant economic spinoffs for Canada. The provinces and cities will no longer have to creatively interpret the bill and will have more flexibility in allowing these types of competitions.
People are likely wondering why this bill adds only feet to the current definition of a prizefight. The reason is simple: there are no combat sports that do not use fists, hands or feet in some way, but there are sports, such as football and hockey, where contact is permitted with other parts of the body. By adding more descriptors, we would simply be adding more problems. That is why the proposed definition mentions only fists, hands and feet.
While this bill might not spark a revolution, it is still important. The prizefight section of the Criminal Code has not been amended since 1934, despite the fact that the world of combat sports has changed dramatically in the past 80 years. It is important that we, as parliamentarians, update the Criminal Code to reflect that reality.
This is one of those rare bills that we can all agree with, and I hope that all members will support it.
Matthew Dubé NDP Chambly—Borduas, QC
Mr. Speaker, I thank my hon. colleague for his speech and also for bringing this Senate bill back to the House. He did a great job of explaining why it was so important to clarify the legislation in order to provide a clear framework for a sport that can indeed be very dangerous. If we want this sport to be properly regulated, it is important to update the legislation.
I would like to give him the opportunity to elaborate on one thing he mentioned. People are sometimes surprised to learn that the incidence of concussion is lower in mixed martial arts than in boxing, for instance. Those who practice martial arts blend several disciplines, so participants are not limited to just hits to the head. Wrestling is also part of it, so various holds can be used during a match.
I wonder if the member could elaborate on some of the studies done on this. Perhaps he could also talk about the emotional aspect of this debate, since this sport is quite violent and extreme.
Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC
Mr. Speaker, I thank the hon. member for Chambly—Borduas for his question. I know that he has been working very hard on this issue. I am grateful for his support.
Indeed, this is a relatively new sport, which the UFC is actively promoting. The UFC has begun regulating the sport and trying to make it safer, relatively speaking, given that participants are not allowed to fight without first passing a medical. In addition, they cannot fight in a competitive match more than once every six months. Regulating the sport will also help eliminate illegal fights.
The bill gives us good reason to decriminalize this part of the Criminal Code and the legislation by adding the word “feet” to one section of the existing Criminal Code.
Robert Aubin NDP Trois-Rivières, QC
Mr. Speaker, I would like to thank my colleague for his presentation.
Personally, I am not really a big fan of these types of fights. If I have understood correctly, the bill introduced this morning will update the rules and make this type of fighting legal, but not promote it. I would like to hear what he has to say about that.
Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC
Mr. Speaker, I thank the member for his question.
This is not about promoting a sport, but about regulating it. It will be up to the provinces to regulate and approve these fights. Furthermore, municipalities will have to decide whether they will allow these fights in their areas. The laws across Canada are all different. Some provinces and municipalities have such laws, others do not.
I will say it again: the idea is to update the Criminal Code. The bill does not promote the sport; it simply updates a section of the act that has not been updated for over 80 years. That is the purpose of this bill. It is a technical detail, and it is about time that Parliament took action.
Hoang Mai NDP Brossard—La Prairie, QC
Mr. Speaker, I would like to thank my colleague for his presentation.
My colleague said that the bill does not promote the sport. However, there are real repercussions in this regard, whether in Montreal or Toronto. He talked about how this bill will affect tourism, but could he now talk about its legal ramifications? We know that the bill was studied by the Standing Committee on Justice and Human Rights and that some provinces allow the sport. Can he talk about what the Criminal Code does in this regard?
Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC
Mr. Speaker, I want to thank my colleague, who is a good hockey player. It is a pleasure to respond to his comments about sports.
The bill aims to decriminalize sports where feet are used in combat, for example karate, taekwondo and other martial arts. Sports must be regulated at the federal level in order to ensure that participants are able to practise them in a safe environment. I do not believe that we should criminalize these sports, which is why the bill seeks to update the Criminal Code. Parliament has not examined this issue for 80 years, so it is time to review this technical detail.
An Act to Amend the Criminal Code (prize fights)Private Members' Business
Moncton—Riverview—Dieppe New Brunswick
Conservative
Robert Goguen ConservativeParliamentary Secretary to the Minister of Justice
Mr. Speaker, I am pleased to be able to speak today in support of Bill S-209, An Act to amend the Criminal Code (prize fights).
Most of the attention given to Bill S-209 has focused upon the professional mixed martial arts matches that are contemplated by the bill, and that will be my first area of focus. Somewhat less attention has been given to the aspects of the bill that deal with amateur combative sports. I will speak later about that aspect of Bill S-209.
When the prizefight offence was first enacted by Parliament in 1892, there were no exceptions to the offence. In the Statutes of Canada, 1932-33, exceptions were made for boxing prizefights. Currently section 83 of the Criminal Code bans all prizefights, and then lists the exceptions to the offence. The first exception is for amateur boxing matches that meet the minimum glove weight. That is the requirement, the minimum glove weight. Each amateur boxing glove must weigh at least 140 grams.
The second exception is for a pro boxing match that is licensed by a province or an amateur “under glove weight” boxing match that is licensed by a province. Throughout my remarks, please understand that when I say province, this includes territories, which is exactly how the Interpretation Act defines it.
The amateur and professional boxing exceptions that I have just spoken of are the only exceptions that currently exist within section 83 of the Criminal Code. Former Bill C-31, introduced during the second session of the 40th Parliament, died on the order paper. This included a proposal to expand the exceptions in section 83, but only for amateur combative sports. An exception to the section 83 ban on prizefights for professional mixed martial arts was not a feature of the former Bill C-31.
Some provinces have chosen to license professional mixed martial arts contests as professional boxing matches under section 83 of the Criminal Code. While not all provinces have interpreted professional boxing in this way, it is clear that it is the responsibility of the Attorney General of the province to determine whether section 83 of the Criminal Code has been breached, and if so, whether to prosecute those involved with a mixed martial arts contest.
In any case, Bill S-209 will certainly clarify that provinces may license professional mixed martial arts contests, and the matches will clearly fall within the section 83 exceptions to the prizefighting offence. Some provinces are awaiting this clarity before they will move to license professional mixed martial arts matches.
Under Bill S-209, a professional boxing match that is licensed by a province and a professional mixed martial arts match that is licensed by a province would be the only forms of professional combative sport that would be exempted from the section 83 prizefighting offence. Bill S-209 does not contemplate other professional combative sport exceptions.
I want to note that professional wrestling has not been considered to engage the prizefight offence provisions in section 83 of the Criminal Code. Although professional wrestlers are trained athletes, professional wrestling is viewed as entertainment that is carefully choreographed and therefore not as a prizefight.
The Standing Committee on Justice and Human Rights has heard about the many safeguards that exist in the world of professional mixed martial arts, including the use of medical doctors who are independent of the athletes and who do assessments before, during and after the matches. Moreover, unlike boxing, the athlete may tap out, thereby signalling submission. Most importantly, under Bill S-209, the province would determine what additional safeguards and conditions it will attach to the provincial license for a professional mixed martial arts contest.
Professional mixed martial arts and professional boxing each carry a risk of injury. While a knockout is one way to win a match in boxing, a match can also be won on points that include blows to the body. In mixed martial arts, matches can be won by submission holds or by an athlete tapping to signal submission.
It seems to me that it is better to allow provincial regulation of boxing and mixed martial arts, because a regulated environment is a safer environment than one that is not regulated. Conditions can be inserted that promote health and safety of athletes. I am satisfied that the provinces are best placed to determine the acceptance by the provincial public of pro boxing and pro mixed martial arts matches, and to determine the conditions to granting a provincial license for a prizefight. If Bill S-209 is adopted, the police will continue to have investigative responsibility for prizefights in combative sports that are unsanctioned and therefore illegal.
With regard to prosecution, the Attorney General of each province, as I have noted earlier, is responsible for the prosecution of Criminal Code offences within the province. Bill S-209 would not in any way change this investigative or prosecutorial responsibility. I am confident that the police and prosecutors will be vigilant in investigating and prosecuting prizefights that are not sanctioned by a province.
There has been recent media attention to an unsanctioned martial arts contest in the United States in which a Canadian athlete died. Amending the Criminal Code, section 83, would encourage professional athletes in Canada to participate in licensed boxing and mixed martial arts events where there is medical supervision before, during and after the match, and also in situations where rules and conditions of licensing are carefully considered by the provinces.
Let me speak now about amateur combative sports. With one small addition that I shall soon discuss, Bill S-209 reproduces the proposed amateur combative sport amendments to section 83 that were found in former Bill C-31. That bill would have amended section 83 of the Criminal Code in order to expand amateur prizefights beyond amateur boxing to include any amateur combative sport contest that is sanctioned by the province. Similarly, Bill S-209 would expand the range of provincial decision-making related to amateur combative sports.
They key concepts in Bill S-209 relating to amateur combative sports are the following:
First, a province would be able to authorize a prizefight in an amateur combative sport that is on the Olympic program. The addition, found within Bill S-209 but not found in former Bill 31, which I mentioned earlier, adds that a province would be able to authorize amateur prizefights in a combative sport that is on the Paralympic program. Moreover, if the province so chooses, it could require licensing for prizefights in Olympic or Paralympic amateur sports.
Second, a province would be able to authorize a prizefight in an amateur combative sport that the province chooses to place on a list of designated amateur combative sports. Here again, if the province desires, it could require licensing.
Third, Bill S-209 adds an exception for any amateur combative sport prizefight if the province has granted a licence. This gives a province the ability to license an amateur combative sport prizefight even if the amateur combative sport is not on the Olympic program, the Paralympic program or the provincially designated amateur combative sport list.
Bill S-209 would introduce far greater provincial choice on the range of amateur combative sport prizefights that could occur than currently exists under section 83 of the Criminal Code. This seems entirely fitting, because provinces are best placed to determine whether there is public acceptance and what measures need to be in place to assure athlete safety in a particular amateur combative sport or for a particular competition.
In this day and age it is entirely appropriate to update the Criminal Code to ensure that amateur combative sport prizefights are clearly on side with the law. I believe that amateur athletes in combative sports beyond boxing should clearly be able to participate in prizefights if the province has sanctioned the matches.
Members will have noticed a small change in Bill S-209 relating to amateur boxing when compared with the existing section 83 of the Criminal Code. Currently an amateur boxing match that uses the minimum glove weight does not need to have any provincial sanction. If “underweight” gloves are used, currently the match must obtain a provincial licence. With Bill S-209, even if the current minimum glove weight is used for an amateur boxing prizefight, the province will decide whether it will simply allow the match because amateur boxing is on the Olympic program or whether it will require that the amateur boxing prizefight obtain a provincial licence.
While not everyone enjoys watching professional mixed martial arts matches, the sport has reached the point of great popularity in Canada for both fans and athletes. I am much happier to see these events clearly legalized so that whenever a province grants a licence for a match, we can be assured that athlete safety is top of mind.
Having provincially sanctioned matches will make it very clear that a mixed martial arts prizefight that does not hold a provincial licence is an illegal activity. I want to underscore that promoters, participants, surgeons, aides, referees, attendees and even reporters at illegal prizefights are subject to police investigation and to prosecution under section 83 of the Criminal Code.
In closing, I encourage all members to support the bill.
Matthew Dubé NDP Chambly—Borduas, QC
Mr. Speaker, I am pleased to rise today to speak to Bill S-209. As the previous speaker pointed out, this issue was also addressed in Bill C-31, which was introduced in a previous Parliament.
Bill S-209 seeks to update section 82 of the Criminal Code to include mixed martial arts and, more generally, prizefights. Debates on this issue can get quite heated, since some people disapprove of these sports for reasons that are sometimes emotional, but nonetheless legitimate.
As my hon. colleague from Saint-Léonard—Saint-Michel so eloquently stated, this is first and foremost a legislative issue, not a sports-related one. This distinction must be clear, since sporting activities can become a social issue. As legislators, I believe that our role is to ensure that there is a clear legal framework in place to properly regulate sports.
What does “properly regulate” mean? That is a very important question. At this time, we all know that mixed martial arts fights take place throughout most of Canada, in most municipalities, provinces and territories, where the athletics commissions that have been created apply their own definitions to the sport in order to circumvent section 82 of the Criminal Code and make these fights subject to provincial legislation.
For instance, when the UFC—the most popular and largest mixed martial arts league—championships were held in Montreal, Quebec, the Government of Quebec logo appeared on the referees' jackets, sending the message that the provincial government is very involved in regulating the sport and can impose sanctions.
We are in a rather odd situation, given that the sport is practised regardless, even though the Criminal Code is rather vague about it all. This means that major leagues like the UFC have to carefully watch over and protect their athletes, for insurance reasons, among others. Nevertheless, smaller leagues are less subject to this obligation.
Decriminalizing these fights will give the provinces the discretion to decide whether such fights can take place within their borders. Furthermore, bringing the smaller leagues and all fights into the spotlight will help ensure that they are all properly sanctioned and regulated.
The example given by the Parliamentary Secretary to the Minister of Justice is very interesting. Historically speaking, and even more recently, the most tragic incidents have occurred during illegal or underground fights. Given that this sport will continue to be practised regardless of the outcome of our vote on this bill, we do not want to see these fights go underground. In order to properly regulate this sport, we want everything to be clear. I cannot emphasize this enough, for it is truly key. This is really a legal issue, not a sports-related one, as the various members who have already spoken on the matter have pointed out.
I would like to bring up another interesting point. We asked people why they oppose this sport, and their reasons were often emotional ones. People seem to think that the injury rate is very high, yet studies have shown the opposite. There are fewer concussions in mixed martial arts than in boxing, for example.
That shows that people sometimes forget that mixed marital arts blends a number of disciplines—some of which are permitted at and part of the Olympics—such as tae kwon do, judo and wrestling. Boxing is legal in Canada and it involves only hits to the head. There are various ways of winning a fight in mixed marital arts, including by submission. It is important to point that out because certain studies have shown that there are far fewer injuries than in other sports, such as football and hockey. People need to take that into consideration before they write the sport off as being more dangerous.
The witnesses heard by the Senate committee were divided, particularly those in the medical community. I would be remiss if I did not mention those who oppose this type of contest and only mentioned those who are in favour. The Canadian Medical Association, for example, has spoken out against this bill. I would like to talk more about why. Doctors are stakeholders in this issue, but they do not have reason enough to oppose the sport. The Canadian Medical Association opposes all sports that aim to incapacitate an opponent. However, there is a grey area there.
The same goes for football, where there is blocking, and hockey, where there is checking. A person playing defence might be tasked with neutralizing his opponent in a certain way. In that context, we understand the association's position, but in this case enough studies show and enough doctors agree that there is no conclusive evidence to suggest that the injury rate is higher in combative sport. In fact, quite the opposite is true. I thought that was very important to point out.
In mixed martial arts, the rules in place ensure that the athletes are in good health and that they do not suffer serious injuries, such as concussions. The current rules are better than the ones for football and hockey. Other sports should consider adopting similar rules. For example, an athlete who has participated in a fight cannot participate in another before a significant period of time has passed. What is more, the provincial governments are responsible for making the rules. When we are talking about the rate of injury and concussions, we have to keep in mind that there is already a solid set of rules in place.
Speaking of the provinces, only a handful of them still do not allow this sport. I wonder what they have to say about all this. The bill is interesting in that sense because it leaves the final decision to the provinces and does not tell them what to do. It is all there in black and white. If a province decides to allow this sport to be practised in its jurisdiction, then it is up to that province to set up an athletic commission to govern this sport. We are not talking about legalizing a sport. We are talking about decriminalizing it and then leaving it up to the provinces to use their sound judgment and wisdom in their own jurisdiction to oversee the whole thing.
Finally—and I cannot stress this enough—this is not a matter of promoting one sport over another. This is a legal issue. It is a question of removing an ambiguity that currently exists and decriminalizing a sport so that the provinces can regulate it better. This sport already exists, and the athletes who practise it—and we know that their numbers are growing in Canada—need to be properly monitored and kept safe.
That is what we are trying to do today. For that reason, I will support the bill.
Sean Casey Liberal Charlottetown, PE
Mr. Speaker, I have the honour to rise today in the House to speak in support of Bill S-209. I want to applaud the hard work of the Liberal member for Saint-Léonard—Saint-Michel. He has worked very hard with other members from all parties and with the mixed martial arts community to make this happen. I am also very pleased that the government is in support of this Liberal initiative in the House of Commons.
The purpose of this bill is to legalize certain combat sports that are currently illegal under the Criminal Code. Mixed martial arts is a growing sport, and its popularity is clear. It is, therefore, critical that we amend the Criminal Code so as to remove any uncertainty regarding the legality of the sport. By way of background, the provisions of the Criminal Code that deal with prizefighting have not been amended since 1934. Much has changed, obviously, since then.
During the early decades of the last century, these sports were primarily boxing and wrestling. Following the conclusion of the Second World War, mixed martial arts and combat sports saw significant growth.
Let me give a few examples of the growth in this industry, in particular the influence of martial arts such as judo, karate and tae kwon do. The influence of Asia in this regard is remarkable and a direct result of our Allied soldiers having been stationed overseas in Asia. Soldiers brought those sports back home, and today we can see how far they have come in becoming mainstream. Young and old, all appreciate these sports. Even more enjoy watching them, either in person or on television. Likewise, these sports are recognized by the Olympic organizing committee.
While these sports are somewhat new and popular, some are still illegal because the only exception to prizefighting set out in the Criminal Code is boxing. There can be a situation then, for example—and this happens—when, let us say, two women trained in the sport of tae kwon do decide to have a match for a prize in a basement. This fight would be only legal so long as they do not use their feet. The definition, therefore, is too restrictive and needs to be expanded. That is why Bill S-209 intends to change the definition to include feet.
As it was established in the Senate committee, adding more descriptors to this definition, such as elbows and knees, is not necessary and could even be counterproductive since contact sports such as hockey could then be considered prizefighting sports. That is why the definition is limited to fists and feet. By modernizing the Criminal Code to permit combative sports such as mixed martial arts and karate, we would go a long way to encouraging wider acceptance of these activities as legitimate and mainstream sports.
One other feature of this bill is to provide greater uniformity and, again, clarity from one jurisdiction to another. Currently, some provinces call mixed martial arts “boxing” to ensure compliance with the Criminal Code. They do so because the code provision specifically references hands and fists. In other provinces, these sports are not permitted simply because those provinces apply a more stringent standard to the application of the Criminal Code.
As a result of this lack of uniformity, many groups organize underground contests that are not governed by provincial commissions. This, as everyone can imagine, is very dangerous. In underground contests, there are seldom any safety standards or, if there are safety standards, they vary from contest to contest. This bill would hopefully lift these underground matches to the public arena where they belong and where they could be properly regulated by the provinces. In fact, the bill would free provinces to construct or develop safety standards as they see fit, and we assume the provinces would look to each other for best practices in this regard.
Likewise, as my colleague from Saint-Léonard—Saint-Michel noted in an earlier speech, these proposed changes to the Criminal Code would provide amateur and professional level organizations enhanced stature and public approval through appropriate legislative oversight, when needed.
It is true that some Canadians have raised concerns about the perceived violence contained in these sports. Injury in sport is common. We see it time and time again in hockey, when a clean check on an opponent can cause great damage. How often do we see in hockey games concussions and injury resulting from a hard check? We need only recall the Montreal-Ottawa game just this past Thursday, when we saw Lars Eller knocked out, injured as a result of a check. Depending on which team one roots for, that particular check was either clean or dirty. The point is that in most sports, contact sports particularly, the risk of injury exists.
As noted by the mover of the bill, we have heard from experts who appeared at committee and referred to a study from Johns Hopkins University that compared injuries resulting from mixed martial arts to those occurring in other major sports. The rate of injuries is not inconsistent with that of other sports, for example, hockey. In fact, it suggests that the injuries in mixed martial arts are generally less serious than those in boxing.
The reality is that mixed martial arts sports exist and a significant number of Canadians participate in them. These sports should not be confined or relegated to underground contests away from public scrutiny and proper regulations, and that is exactly the point. The sport of mixed martial arts must be regulated, not banned. Prohibition only leads to more underground fights and, as I mentioned, this is dangerous. Prohibition also means that the illegal underground economy is allowed to benefit. Revenues from underground prizefighting go undeclared, which again does not benefit the public nor taxpayers.
We know that when we watch a UFC contest, we are watching athletes. We are watching individuals who take their sport seriously. We are watching athletes who train hard. We are watching athletes who respect each other. We also know that every precaution is taken to limit injury. However, when injury does occur, medical teams are ready to intervene. My colleagues will know that Canada is the home of the world's most accomplished mixed martial arts athlete. Quebec's Georges St-Pierre is a world champion and an example of professionalism. He is a true athlete.
Bill S-209 would support both fans and organizers, which will in turn help improve the Canadian economy. Expanding the scope of what is permissible under the Criminal Code is important.
For all these reasons, I support the bill and congratulate my Liberal colleague for his efforts to modernize the Criminal Code to reflect the new realities of these popular sports.
Hoang Mai NDP Brossard—La Prairie, QC
Mr. Speaker, I am pleased to rise today to speak to Bill S-209, An Act to amend the Criminal Code (prize fights).
I think it is important to start by making one thing perfectly clear about this bill. Everyone who has spoken about this bill today has said the same thing. The purpose here is not necessarily to promote a sport like mixed martial arts over another, but simply to update the Criminal Code to reflect current practices.
Personally, like many people from my generation, I was a Bruce Lee fan growing up, but that does not mean I wanted to go out and hit everyone just to be like him. However, I did take lessons that were very interesting. They gave me discipline and taught me to take care of my body. I was not going to hit everyone just for the sake of doing so or so that I could emulate Bruce Lee.
Things change and that is what we are seeing now, in a way. Mixed martial arts are a little more structured. This sport is quite new. The members of the Standing Committee on Justice and Human Rights had a chance to study the bill and many witnesses appeared before the committee, including members of the UFC.
I would like to point out that the UFC is a league. It does not necessarily represent the entire sport. It is a well-organized league. Georges St-Pierre, who is famous in Quebec, Canada and around the world is a member of that league. Again, I am not here to promote this sport, but to say that society has changed and adopted this sport.
At the federal level, the objective is to decriminalize this sport. We do not want to regulate it by proposing rules. We want to leave it up to the provinces to regulate it. In fact, that is what is happening now, even though the sport is technically illegal under the Criminal Code. Subsection 83(2) of the Criminal Code legalizes or decriminalizes boxing, but it does not cover sports like karate, kung fu or, in this case, mixed martial arts.
Our objective is to come up with a certain definition. I am not going to get into the details of that definition, because I think everyone agrees on this. There was no real discussion with regard to the amendments because we all agree on this point. A few questions were asked and the experts who came to committee answered those questions.
We are happy with this bill. I thank my colleague, the member for Chambly—Borduas and the NDP's sports critic. He has worked very hard on this issue.
What I am saying is that society is changing. More and more people are participating in this sport. Although the sport is prohibited under the Criminal Code, such events attract tens of thousands of spectators at places such as the Bell Centre in Montreal and bring in a lot of revenue. Toronto hosted the largest mixed martial arts event in Canada.
Once again, as my colleagues have said, this is not about promoting the sport. We simply want to look at the facts. The provinces already regulate the sport with certain protocols. For example, they require athletes to have a certain skill level. Not just anyone can walk into an arena to fight.
However, if we continue to ignore the facts and say that we are against mixed martial arts and do not want it happening in our backyard, nothing will change. The sport will remain a crime or remain technically illegal, and there will be a black market. That means that people will continue to fight, but the fights will not be properly regulated.
The purpose of the bill is to decriminalize this sport at the federal level and to let the provinces create their own regulations. Several provinces—though not all—have already developed regulations for this sport. However, things are evolving. This sport is very new on the international scene. We are seeing a change within Canadian society.
We know that the people of Quebec have accepted this sport. When there is a major public event, the police do not try to interfere or to stop it. Of course, I am not saying that everyone supports these sports. I am not a big fan myself. I would rather watch a Bruce Lee movie than see people fighting for real in a cage, something I find quite violent.
That being said, I am not passing judgment, and I do not necessarily wish for the federal government to intervene and decide that, based on its moral values, these activities are wrong and must be regulated and criminalized. Things have simply evolved.
The bill introduces legal changes to the Criminal Code. One change adds the word “feet” to a definition, in order to include some mixed martial arts sports. It reflects a societal change.
I will use karate as an example. My four- and seven-year-old nephews are both learning karate. This does not mean that they are particularly violent kids. On the contrary: their parents chose this sport as a way to direct their activities. That is exactly our message to the provinces: they can direct how these sports are practised. They have agreed to have these sports in their territory, so they should be responsible for regulating them.
Meanwhile, the federal government must make sure it does not create obstacles. It must also decriminalize these activities. We know that society has evolved, but the Criminal Code did not evolve in the same way. As a result, provinces may wonder whether they can regulate these sports. We have already seen cases where provinces worked around the problem, either by deciding to treat an event just like an ordinary boxing match or sport event, or by using other solutions. Provinces have tolerated the sport.
When we studied the bill in committee, all parties supported it because they saw it as a good option.
I would like to draw a parallel with another bill that was introduced. Bill C-290 addressed bets on individual events. I want to mention it because it was unanimously passed in the House. Unfortunately, the Senate has not gotten around to dealing with it yet. Now we have a bill from the other chamber. I am wondering how legitimate the Senate really is.
Bill C-290 was introduced by one of my NDP colleagues. The House agreed to it unanimously. Now it is at the Senate. People seem to be waking up. I even heard a Conservative member say that he did not know it passed and that he did not support it.
The bill is at the other chamber. I do not know what is happening with it. We heard that some Senators are not in favour of it. I am mentioning this because the same principle comes into play here. Certain provinces want to legalize both mixed martial arts and betting on individual events. It generates revenues. However, revenues are not the main argument. They simply want to legalize something that is currently illegal and take the money out of the black market and the underground economy.
Will not changing the Criminal Code immediately result in prohibition? Will that fix the problem? No. Society—be it the provinces, the people who watch the sport, or people in general—has changed and now accepts these sports.
I hope that Bill S-209, from the other chamber, will receive majority or unanimous support here. If the bill passes, we hope that Bill C-290, which was passed unanimously here, will make progress in the other, supposedly “wiser”, chamber. I put that in quotation marks because I am not entirely sure that is the case.
The Acting Speaker Conservative Bruce Stanton
Before I recognize the hon. member for Sudbury on resuming debate, I will just let him know that there are about seven minutes remaining in the period for private members' business. Of course, he will have the remaining time when the House next resumes, presuming he takes that time.
The hon. member for Sudbury.
Glenn Thibeault NDP Sudbury, ON
Mr. Speaker, thank you for informing me about the time. I will do my best to get the seven minutes in. I will take my remaining time at the next sitting.
I am very proud to stand today to offer my support for Bill S-209, an act to amend the Criminal Code (prize fights). The rules governing prizefights have not been updated since 1934, and the current legislation simply does not represent the reality of what is happening in Canada.
In the Criminal Code as it stands, boxing is the only combative sport permitted, and even then, only in certain circumstances. Having this law that we turn a blind eye to is bad on two fronts. First, it can begin to undermine the legitimacy of other laws, which is bad for our legal system as a whole. Second, it creates uncertainty for people who organize or participate in sports such as mixed martial arts, commonly referred to as MMA. It is therefore timely for the House to address the discrepancy between what is written in statute and how the law is applied.
In my opinion, the bill strikes the right balance by allowing provinces and municipalities or designated regulatory bodies, such as an athletic commission, to allow MMA, as defined by the bill, in their territories without breaching the Criminal Code.
What exactly does the bill do? Prizefights would remain illegal in Canada. The bill goes further in defining a “prize fight” by adding “feet” to the definition. It would include fights in which combatants use their feet as well as their fists and hands. The bill then lists four exceptions to the definition of “prize fight”. These exceptions are not “prize fights” but rather are authorized combative sports.
The first is a contest between amateur athletes participating in sports in a program of the International Olympic Committee or the International Paralympic Committee. This exception covers sports including boxing, fencing, Greco-Roman wrestling, freestyle wrestling and tae kwon do.
The second and third exceptions are for contests between amateur athletes in sports designated by a province or a body appointed by a province. These exemptions cover sports such as karate, kick-boxing and mixed boxing, depending on the province.
The fourth and final exception covers professional contests. The bill states that they are exempt from the prizefight ban only if the fight is “held...with the permission or under the authority of an athletic board, commission or similar body established by or under the authority of the province's legislature for the control of sport within the province”.
A number of provinces, such as Ontario, Quebec and Manitoba, as well as municipalities such as Edmonton and Calgary, have already acted and have changed their definition of combat sports to allow MMA. By passing the bill, Parliament would simply be updating our legislation to make it consistent with the laws in these places.
It is important to note that no province or municipality, depending on which level of government regulates combative sports in a province, would be obliged to allow MMA. The ultimate choice would still rest with them.
There is significant growth in the popularity of MMA in Canada. Like many Canadians, I spent last Saturday evening watching UFC 159 on TV. UFC events have filled arenas such as the Bell Centre in Montreal and the Air Canada Centre in Toronto.
The Ultimate Fighting Championship, or UFC, is the largest mixed martial arts promotion company in the world. Georges St-Pierre, one of the biggest stars in UFC and the current welterweight champion, is from St. Isidore, Quebec. He boasts a 24-2 record in MMA and was named Sportsnet's athlete of the year in 2008, 2009 and 2010.
However, while GSP may be the most renowned Canadian in the UFC, he is not the only one. For example, Mitch Gagnon trains in my own riding in Sudbury. After having an 8-1 record in MMA, he recently joined the UFC. His first contest was in July last year at UFC 149 in Calgary, and he recorded his first win at UFC 152 in Toronto last September.
Mitch trains with Team Shredder, which is housed in the Northern Ontario Multi Discipline Athletic Arts Academy in Sudbury. NOMDAAA, for short, trains students in mixed martial arts, tactical Sambo, Brazilian jiu-jitsu, Muay Thai kick-boxing, Russian Systema, wrestling, judo and Yu Shin Do, and it offers cardio circuit training and athletic development as well. It has a proven track record of training champions and of ensuring a positive, motivating and fulfilling experience for all students, including me.
I spoke this week with Yves Charette, the owner/operator. They have over 150 students, both adults and children. He is very focused on providing confidence-building for the young children who are participating in many of these martial arts. I know that this is helping my own daughter with confidence.
We talk a lot about anti-bullying programs. When we provide children with confidence, it actually goes a long way in ensuring that bullying at school will not happen. These are some of the things that are important when we are talking about karate or any type of sport in which children can gain confidence. Whether mixed martial arts, hockey, football, basketball or canoeing, if it provides confidence for children, it is doing something right.
NOMDAAA is a not-for-profit organization that has received funding from the chief of police youth initiative fund, which also takes kids off the streets and provides them with training. It gives them something to do with their time and something to learn, which again builds that confidence. I am very proud of what NOMDAAA is doing in Sudbury.
I will save my final piece for next time, but I want to thank organizations such as NOMDAAA and the other amateur athletic groups that are doing great work from coast to coast to coast in this country.
I think this bill will allow us to see it at the professional level and will hopefully inspire kids to get involved and gain confidence.
The Acting Speaker Conservative Bruce Stanton
The hon. member for Sudbury will have three minutes when the House resumes debate on this motion.
The time provided for consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.
Peter Van Loan ConservativeLeader of the Government in the House of Commons
Mr. Speaker, I rise today to update the House on the schedule of business for this week.
I am pleased to report that as a result of very productive discussions the government has been having with the official opposition, Bill S-9, nuclear terrorism act, will now be debated on Friday. I am also pleased to report that I anticipate that as a result of those productive discussions, the debate will actually conclude on that day. This is important, as it is an important issue. I underline that it is combatting terrorism, which is of increasing relevance in the news these days, and it is important to see this bill in place.
As a result of these discussions, I can also say that the next allotted day, which is the seventh allotted day of this period for the NDP, will now take place on Thursday, May 9.
The House resumed from May 3 consideration of the motion that Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, be read the second time and referred to a committee, and of the amendment.
Dave Van Kesteren Conservative Chatham-Kent—Essex, ON
Mr. Speaker, in my last introductory speech on Friday, I laid out the history of prior budgets to stress the importance of having a good fiscal position. As a result, it is possible today to speak of a budget that is the right budget for this time.
I spoke about the action our government took early on. It lowered taxes, for instance, so that today's average family of four pays $3,400 less in taxes. Our federal corporation tax has been reduced from 21% in 2006 to 16% and will go to 15% to make businesses more competitive and allow them to invest in their businesses. That will give them an edge in global competition.
We also paid down our debt by $34 billion between 2006 and 2008, while still increasing transfer payments to the provinces. We gave our municipalities much needed revenue by way of gas-tax sharing and made it permanent to ensure predictability. We began tackling red tape and other irritants that have hindered businesses in the past and helped create a healthy economic climate so that Canada could position itself against global competition.
I could go on explaining why these measures have helped make Canada the envy of our G8 trading partners. It was because of these pre-emptive measures that this government was able to provide the necessary stimulus by way of the economic action plan, announced in budget 2009, when the world faced a financial meltdown resulting in a shocking recession, which some even called a depression, that still afflicts much of the world today.
The stimulus money from this economic action plan has helped thousands of communities right across Canada update or replace aging infrastructure. For example, in my riding of Chatham-Kent—Essex, this money has been used to repair roads and bridges, since this area has one of the highest concentrations of bridges in our country. We have reached a crisis point, with many bridges in need of repair and a municipality stretched to its full extent. There is water treatment in Leamington, community projects, and the list goes on.
Bill C-60 would build on all these past budgets. This budget would include a new building Canada plan with over $53 billion in new and existing funds. The gas tax fund would be indexed. There would be $14 billion allocated for major economic infrastructure projects that have national, regional and local significance. This is good news, again, for Chatham-Kent—Essex.
In addition to all this, the federal government would invest over $10 billion in bridges, meteorological services, national parks, VIA Rail, small craft harbours, ports, military bases and other federal infrastructure assets. Again, this is good news for Chatham-Kent—Essex.
The Windsor–Detroit crossing is critical to the economic well-being of my riding. Every day, for instance, trucks ship produce from our greenhouses in the Leamington area. Eighty per cent of what is produced in Leamington and the surrounding area, which is incidentally the largest collection of greenhouses in North America, is shipped to the U.S.
Anyone who has been on the Ambassador Bridge knows why it is so important to replace this aging bridge. Work has begun on the approach, and the project is well under way. This was made possible by budget 2009. I was pleased to be able to help open the Huron Church parkway project, and last fall I was also present when our Prime Minister signed the important agreement with Governor Snyder from Michigan to make the twin-span bridge a reality. All that was left was a presidential sign-off, and that was completed when President Obama signed off on this project just last month. This project will provide thousands of jobs in the next few years and until 2020, when the bridge is to be completed.
Included in budget 2013 would be additional monies to keep this process going, making sure that there would be funds for permits, necessary licences, et cetera. They would be just part of our ongoing commitment to this important project.
Another part of our federal infrastructure asset fund that would affect Chatham-Kent—Essex would be the small harbour component. Few people know that the riding of Chatham-Kent—Essex has the largest freshwater fishing port in the world.
Wheatley Harbour is an important part of our community. Freshwater fishermen rely on the harbour, as does a shipbuilder named Hike Metal, which has built some very impressive ships throughout the years. The commitment by this government to freshwater harbours will enable me to go back to this community and continue to plan toward the success and improvement of Wheatley Harbour.
Like many places in Canada, my riding of Chatham-Kent—Essex was severely affected by the economic downturn in 2008-2009. As was the case in many other areas, the measures enacted by our government helped to get people back to work, but we are not finished yet. Budget 2013 will help Canadians connect with jobs through such measures as the Canada job grant. This will connect skills training directly to employers.
Budget 2013 will also help create opportunities for apprentices by working with the provinces to reduce barriers through using practical tests as a means of accreditation. A new generation of labour market agreements for persons with disabilities is also going to be introduced, along with new programs for first nations youth. All this will be supported by programs connecting Canadians with available jobs.
These are a few of the exciting benefits of budget 2013 and a description of how they will affect my riding of Chatham-Kent—Essex. The budget also contains measures to strengthen major manufacturing industries across Canada and investment in research and innovation, and it will support leading-edge research and infrastructure.
I wish I had more time to speak about how the budget will help promote entrepreneurs, as this is an area near and dear to my heart. If we look at any package in a grocery store, at name brands of automobiles, at electronic equipment, et cetera, we see one thing emerge: the name of a individual or a group of individuals who had an idea and went to work, and after falling down and getting up and trying again, they brought this idea to market. This required an entrepreneur, capital and a market.
I am proud that this government recognizes and will encourage entrepreneurs, including youth, to create a healthy economic climate the some assistance to help spawn the next Research In Motion or Westport.
Of course, none of this would be possible without our government's continued commitment to free trade, and we are aggressively pursuing it. We are very close to signing an agreement with the European Union that would give us access to 500 million people. Our government, our manufacturers, our farmers and business people who rely on free trade will be able to compete.
Our government understands the need to help stimulate the economy, but just as importantly, we understand the need to get back to a balanced budget. Our commitment continues: jobs, growth and long-term prosperity. This budget delivers on all of those.
Robert Aubin NDP Trois-Rivières, QC
Mr. Speaker, I listened very carefully to the speech given by my eminent colleague.
I think it gave an excellent summary of the debate we are having here today. This is really a third omnibus bill. Of course, we agree with a few of the measures presented in this bill, but they are mixed in with many a bitter pill that will be difficult to swallow. This is becoming a real problem.
For example, I wonder if the member could explain how it is that a government that raised the retirement age from 65 to 67, telling people they will simply have to plan better, could at the same time take away one of the most important measures available to small investors, a tool that allowed them to put money aside for a decent retirement.
Of course, I am referring to the removal of special tax treatment for workers' funds.