Debates of June 13th, 2013

Tackling Contraband Tobacco Act

[Patrick Brown, Conservative, Barrie, ON]

Mr. Speaker, I am not on the committee dealing with this bill, but I know these bills get looked at very seriously in committee.

I would agree with the hon. member on her concern about the importance of combating the dangers associated with tobacco. That is why, with the five-year renewal of the federal tobacco strategy in 2012, Health Canada will continue its very dedicated work on tobacco control initiatives that are aimed to preserve the gains we have made in the last 10 years, which are quite significant.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, I am glad to rise in my place today and speak to this legislation. I would like to thank my colleague the member of Parliament for Barrie for sharing his time with me, for his excellent speech and for his support of the bill.

I rise to speak in favour of Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco). This enactment proposes amendments to the Criminal Code to create new offences for trafficking in contraband tobacco and to provide minimum penalties of imprisonment for persons who are convicted of a second or a subsequent time for this offence.

This legislation would prohibit possession for the purpose of sale or offer to sale, the transportation of or the delivery or distribution of a tobacco product or raw leaf tobacco that is not packaged, unless it is officially stamped. The terms “tobacco product”, “raw leaf tobacco”, “packaged” and “stamped” have the same meanings as in section 2 of the Excise Act, 2001.

The maximum penalty for a first offence would be up to six months' imprisonment on summary conviction and up to five years' imprisonment if prosecuted by way of indictment. Repeat offenders convicted of this new offence in cases involving 10,000 cigarettes or more, 10 kilograms or more of any other tobacco product, or 10 kilograms or more of raw leaf tobacco would be sentenced to a minimum of 90 days on second conviction, a minimum of 180 days on a third conviction and a minimum of two years less a day on all subsequent convictions.

Overall, the proposals represent a tailored approach to the imposition of mandatory minimum penalties for serious contraband tobacco activities. The bill proposes mandatory minimum penalties only in cases where there are certain aggravating factors present.

Trafficking in contraband tobacco is a serious problem that requires serious remedies. As some members will recall, a contraband tobacco market became a significant issue in Canada in the late 1980s. During that period, more and more legally manufactured Canadian cigarettes destined for the duty-free market began making their way back into the Canadian underground economy. The high retail price of legitimate cigarettes made the smuggling of cigarettes across the border a striving and lucrative illicit business.

The Royal Canadian Mounted Police and Canadian customs seized large quantities of contraband tobacco. The RCMP was also engaged in investigating this illegal activity at its source. These investigations eventually led to several tobacco companies having to pay more than $1.5 billion in criminal fines and civil restitution.

While this type of smuggling activity largely has subsided, the illicit tobacco market in Canada has rebounded in recent years, involving contraband tobacco that is primarily connected not to the diversion of legally manufactured products but to the illegal manufacture, distribution and selling of contraband tobacco products. It also includes to a lesser degree the illegal importation of counterfeit cigarettes and other forms of illicit tobacco from abroad.

Organized crime groups play a central role in the contraband tobacco trade in Canada, and this means that this illegal activity is linked with other kinds of crime. Most of the organized crime gangs that are involved in the illicit tobacco market are also active in other forms of criminal behaviour.

The problem is further complicated and exacerbated by the fact that some of the illegal manufacturers that supply the Canadian market are on the U.S. side of the Akwesasne Mohawk territory, which spans the border between Quebec, Ontario and New York state.

Members should know that transnational crime of the type found in contraband tobacco smuggling is considered a threat to public safety and national security and has a direct impact on individual Canadian businesses and our economy. It also has implications for relationships with our international partners, especially the United States. In this regard, however, Canada and the U.S. share a long history of law enforcement co-operation across our shared border.

Contraband tobacco is driven largely by illegal operations on both sides of the border. The provinces of Ontario and Quebec have the highest concentration of contraband tobacco manufacturing operations, the majority of high volume smuggling points and the largest number of consumers of contraband tobacco.

Criminal organizations are motivated by the lure of significant profits and relatively low risks in this sphere of illegal activity. Enforcement actions are, therefore, directed at increasing the risks associated with contraband tobacco activities: dismantling illegal manufacturing facilities, disrupting distribution supply lines, apprehending key figures and individuals, confiscating conveyances such as trucks and boats, and seizing the proceeds of crime. These actions have the dual goals of disrupting the illicit flow of tobacco and weakening the organized crime groups involved in the production, distribution, smuggling and trafficking of contraband tobacco.

To achieve these goals, the RCMP has engaged in joint targeted initiatives with law enforcement partners and other stakeholders across Canada and even, as mentioned earlier, internationally. These initiatives, varying in their degree of complexity, include short- and long-term joint investigations, outreach and awareness campaigns and active participation in inter-agency contraband tobacco task forces and groups. Unfortunately, contraband tobacco remains a serious threat to our communities, and if left unchecked, organized crime will continue to profit at the expense of the health and safety of Canadians.

Recent intelligence indicates a rise in counterfeit tobacco products entering the Canadian market. These illegal products are then transported through nationwide networks for sale to consumers as a cheaper alternative to legitimate tobacco products, thereby making them more accessible to Canadian youth.

Protecting society from criminals is a responsibility our government takes very seriously. Overall, the proposals represent a tailored approach to the imposition of mandatory minimum penalties for serious contraband tobacco activities. This bill proposes minimum penalties only in cases where there are certain aggravating factors present.

This bill is part of the government's continued commitment to take steps to protect Canadians and to make our streets and communities safer. Canadians want a justice system that has clear and strong laws that denounce and deter serious crimes, including illicit activities involving contraband tobacco. They want laws that impose penalties that adequately reflect the serious nature of these crimes, and this bill would achieve that.

I encourage all of my colleagues and members on each side of the House to fully support Bill C-16. It is high time we made this the law of the land.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I would like to thank my colleague for his speech, and I commend him for it. As was already mentioned, the NDP will support this bill at second reading.

I am still wondering about how effective the bill will be and what impact it will have on the tax evasion associated with contraband cigarettes in Canada, which deprives the government of over $2 billion in tax revenue a year.

I would like my colleague to share his thoughts on that.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, I appreciate the question that is being asked. In my riding, there are a lot of great folks who live on first nations territory. Some time ago, a seizure was made at one of the bands, where 14 million contraband cigarettes were seized on that reserve. This particular group of reserves is quite notorious across Canada, sometimes for good reasons but also sometimes for bad reasons, with its links to organized crime. The Alberta government stepped in and confiscated this illegal tobacco due to the fact that it did not have a provincial stamp, which resulted in a loss of revenue in just that shipment alone of several million dollars of taxes that should have been collected.

This is a very serious issue. We cannot have a situation where there are two different streams, one of contraband and one of a legal flow of goods and services in this country. Not only is the contraband not a healthy choice and not inspected by the appropriate authorities, but it evades the taxes that are duly imposed upon these goods in order to address the serious issues that we have as a nation.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, the member addressed some of the issues relating to contraband tobacco—the criminal element, the tax evasion element and the negative health aspect—but the one aspect that I am sure my colleague is even more familiar with than most of us in the House, because of his former occupation in the education field, is the impact on youth. Many of us have witnessed the addictive qualities of tobacco. The earlier youth are introduced to tobacco, the greater the likelihood they will not be able to get rid of this addiction later in life. Research clearly shows that the large majority of tobacco that is smoked on college and high school campuses is of a contraband nature.

I am wondering if my colleague could comment on how serious it is that we take action on this now.

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, the Government of Canada and the Minister of Health and others have taken several measures on this side of the House, in particular, to deal with these issues. For example, when it came to clarifying the tobacco laws on adding flavours or other types of things that would be an enhancement or an inducement to young people, or making the packaging look like gum or candy cigarettes, these were dealt with on this side of the House.

We have had active education campaigns to ensure that Canadians understand the risks to health and the dangers from smoking. These are some of the initiatives we have done. We have also changed the labelling on cigarette packaging to clearly indicate the health concerns, making it less attractive for Canadians, especially young Canadians, to go down the road of even starting smoking.

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, I am opposed to tobacco addiction as much as anybody else, and I appreciate the member's comments.

However, are we into the new normal here now? The Senate passes legislation. It has the whole process, then it comes here. We have one hour of debate, and then closure is called. We are the rubber stamp for the other place. Is that the new normal the government is taking on?

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, the fact that the member stood and asked me a question in the House is a clear indication that the member has an opportunity to voice his opinion on the bill.

[Jean Rousseau, NDP, Compton—Stanstead, QC]

Mr. Speaker, I would first like to indicate that I will be sharing my time with the excellent member for Churchill, who is a great MP, by the way.

At first glance, this bill, which seeks to amend the Criminal Code and tackle contraband tobacco, appears to be a small bill that amends a provision of the Criminal Code. However, rather than addressing the real problem and focusing on prevention, the bill once again amends the Criminal Code in order to make the justice system stronger. This is a very noble cause or objective. However, the problem is that every time the government wants to address a problem, rather than allocating more financial, material and human resources to the organizations that are actually doing the work in order to address the real problem, it amends one or two sections of the Criminal Code and leads people to believe that these measures will solve all of the problems and that everything will be fine as a result.

I do not believe that solving the problem of contraband tobacco is that easy. We are talking about first nations, but contraband tobacco is a problem all across the country. Illegal cigarettes are flooding the market, and our young people are being shamelessly targeted by false Internet advertising. Why do we not pass similar legislation to deal with these ads?

It is so easy to go online and order illegal cigarettes, which come from all over the world and are often made by children who work in atrocious conditions. The cigarettes end up on the market. What impact will this have on the health of our young people?

Most of the provinces have extremely effective programs to combat smoking among young people. The federal government is trying, once again, to follow suit by investing in prevention. Prevention should take place at schools and in the schoolyards, but it also requires leadership. Our leaders need to take charge of the situation and send a clear message to the public that tobacco use is harmful to health.

Illegal tobacco is harmful to our health and also to our economy. Every year, contraband in Canada causes us to lose more than $2 billion in taxes. We must set aside financial and physical resources, since smuggling is going on in our waters, such as Lake Champlain, Lac Memphrémagog, the St. Lawrence River and the Great Lakes. The Canada Border Services Agency and the RCMP do not have the physical resources they need to catch smugglers. They need resources on the ground or else they will not be able to fight crime.

The Canada Border Services Agency is not inspecting packages because of an apparent lack of resources, time and personnel. How is that possible? It is unacceptable in a society like ours. This government brags about creating 1 million jobs. Give me a break. It cannot have created 1 million jobs, because we see no real evidence of that. Instead, what we see is that this government is ineffective and does not take action. Day after day, it makes investments in the wrong places.

Prevention starts with our young people. We need to encourage them to play sports, read books and visit libraries and museums. Not museums that the Conservatives have modelled around their own ideology, but museums that provide an accurate portrayal of history. We must get them interested in things that will help develop their minds and that will open them up to the amazing opportunities and possibilities available to them as citizens of a country as rich and developed as ours.

As I said, we must take action and show leadership, and this leadership must start at the top.

[The Acting Speaker, Conservative, Barry Devolin]

The time provided for government orders has expired. The member for Compton—Stanstead will have five minutes remaining after oral question period.

Portugal Week

[Chungsen Leung, Conservative, Willowdale, ON]

Mr. Speaker, this week Canadians of Portuguese heritage all across the country are celebrating Portugal Week. From coast to coast to coast, there will be festivals, parades, folk dances, sporting events and many community gatherings.

This is a week to celebrate and recognize Portuguese cultural and historical heritage, which has been a part of Canada since the discovery of Labrador by Portuguese explorers more than 500 years ago. Making this year's festival even more special is the fact that this is the 60th year of large-scale Portuguese immigration to Canada.

The Portuguese community is well established and well integrated across the country, particularly in my hometown of Toronto, and in Montreal.

On behalf of our Conservative caucus, I want to thank all Canadians of Portuguese heritage for their contribution to our country. I wish them all a happy Portugal Week.

[Member spoke in Portuguese]

Student Civic Engagement

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, as the school year comes to a close, I would like to take this opportunity to acknowledge the wonderful work being done by students in my constituency.

These bright and promising young minds are discussing and promoting action on a vast array of important issues at both the local and federal levels, issues ranging from traffic congestion in my community to the Conservative government's inaction at the UN on the issue of violence against women, on the environment and all.

I want to personally thank the students of Princess Margaret Secondary, North Delta Secondary, Tamanawis High School, Seaquam Secondary School, Delview Secondary School and many others for their civic engagement.

I believe that our democracy is enriched by their participation and involvement in the political process.

It is my pleasure to be the representative of these wonderful young people in Parliament and to have discussed these prominent issues with the students in my constituency. I want to thank them.

Human Trafficking

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I am proud of Canada's leadership in combatting human trafficking.

Yesterday, I returned from leading the Canadian delegation, on behalf of the Minister of Foreign Affairs, at a high-level conference focused on anti-human trafficking efforts in Kiev, Ukraine.

I would like to thank Ukraine and the Organization for Security and Co-operation in Europe for hosting this conference. Canada commends Ukraine for making the fight against human trafficking one of its priority areas in 2013.

The OSCE's area of work that covers human rights, democratic development and rule of law is a key priority for Canada. I was pleased to represent Canada and collaborate with experts from across the OSCE region and to share Canada's best practices in the fight against modern day slavery.

In fact, I was delighted to share that one year ago our government launched its national action plan to combat human trafficking. Our government will continue to lead by example and take comprehensive measures to end slavery in our country and abroad.

Craft Sector

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

Mr. Speaker, I rise today to recognize Ms. Carol Beaton from Cape Breton.

Her contribution to the growth of the craft sector of our island cannot be overstated. She has been contributing to the growth of this industry for well over a decade. Her work ethic and success are truly inspiring.

Carol has spent many years as the executive director of the Cape Breton Centre for Craft and Design, and under her guidance the centre has grown tremendously.

In her time as director, the centre has expanded from two employees to ten employees. She brought the funds together to construct a 14,000 square foot building to allow artists to showcase and sell their work year round.

More than 78,000 people have visited this new centre since its opening in 2007. Carol's efforts have ensured the craft sector is a significant contributor to Cape Breton's economic and cultural infrastructure.

I urge all members to join me in congratulating Carol Beaton for her great work and wishing her all the best in her retirement.

Parliamentary Precinct Security

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, on May 23, 1873, in this place, an act establishing what would be referred to as the North West Mounted Police was passed.

Sir John A. Macdonald had a vision that a national police force would be used to calm tensions in the west.

Today, the RCMP was called on to calm tensions in the east.

Safety on Parliament Hill is paramount. The Leader of the Opposition apparently does not think so.

When a police officer turns on their vehicle's emergency lights, it means stop, not to go through stop signs.

Police officers are asked to do many things. One of the things they are not asked to be is be mind readers. If I were still a police officer and the Leader of the Opposition said, “Do you know who I am?” My reply to him would be, “As soon as you give me your driver's licence I will.”

[The Acting Speaker, Conservative, Barry Devolin]

Order. Before we continue with members' statements, I would remind all hon. members that the use of props is not acceptable in this House at any time. If members choose to use one, they will forfeit that speaking slot or possibly a question during question period.

The hon. member for Scarborough Southwest.

Father's Day

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, Sunday is Father's Day.

I rise with great pride to honour my father, David Harris, a French teacher at Donwood Park Junior Public School in Scarborough.

Thanks to the great staff at Donwood, the school is also watching us here today.

Being a single dad was challenging, especially with a kid like me. When I was growing up, he was always there, a stable rock who supported me through thick and thin. He showed me the value of hard work and following one's dreams when he went back to school to become a teacher.

My love of French, passion for politics, and my values all come from my dad.

He went the extra mile to make sure I had a relationship with my mom's family and a lot of time with our family, too. I could not have asked for a better dad.

His support through my five election campaigns cannot be measured. I am standing here in this House because of him.

I love him and want to say “thanks” to him.

I ask all members to join me in thanking my dad and all dads who have made such meaningful contributions to all our lives.

Happy Father's Day.

Human Rights

[Parm Gill, Conservative, Brampton—Springdale, ON]

Mr. Speaker, Canada is a tolerant and accepting nation, but the one thing that must never be tolerated is religious and cultural discrimination.

The decision by the Quebec Soccer Federation to ban Sikh kids from taking part in soccer for wearing a turban is outrageous and contrary to the values of equality that our nation holds dear.

Directly because of this ban, over 200 Sikh kids are banned from playing organized soccer in Quebec.

The Canadian Soccer Association has suspended the Quebec Soccer Federation from all national games because of this ban.

I applaud those who have voiced their opposition to this unfair and offensive policy in the interest of fairness and equality, including the Dollard Soccer Club, the Pierrefonds Soccer Association, and the under-14 Brossard soccer team.

I would like to call upon all of my hon. colleagues to join with me in condemning this discriminatory policy by the Quebec Soccer Federation.

Fiesta Week

[Colin Carrie, Conservative, Oshawa, ON]

Mr. Speaker, this week, in my home riding of Oshawa, we are celebrating the 39th annual Fiesta Week.

Over the past 39 years, Fiesta Week has been, and continues to be, one of the most popular summer events in Oshawa for people of all ages. It is a colourful celebration of the cultural diversity of Durham region and the city of Oshawa.

Fiesta Week allows Durham and Oshawa residents to experience European, Asian, and Caribbean cultures. Not only is it a great opportunity to experience these cultures, but it is also an opportunity to taste the wonderful cuisines from these regions. That is my favourite part.

This Sunday is the kick-off for Fiesta Week and the festivities will start with a parade.

Each year Fiesta Week continues to be an inspiring celebration of the cultural diversity of Oshawa.

I would like to take this opportunity to thank all the volunteers and the Oshawa Folk Arts Council for making this wonderful celebration possible.

I invite everyone to come and enjoy the fun and festivities.

Saint-Yves de Québec Parish

[Denis Blanchette, NDP, Louis-Hébert, QC]

Mr. Speaker, I would like to pay tribute to the 30 or so volunteers in the parish of Saint-Yves de Québec who form the refugee outreach committee.

The committee was established in July 1979 during the dramatic events surrounding the boat people from Cambodia, Vietnam and Laos. Since 1979, the Saint-Yves de Québec parish has welcomed 344 newcomers, including 64 who arrived in the last year.

Over the years, the Saint-Yves parish refugee outreach committee has sponsored refugees in distress, helped reunite families scattered by war and facilitated the integration of sponsored newcomers into Quebec society.

I want to sincerely thank and commend the volunteers with the refugee outreach committee of the Saint-Yves parish for their immense generosity and the impressive quality of their outreach work, which has changed and continues to change life for the better for people in distress.

Citizenship and Immigration

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, the NDP has reached a new low. It is defending the interests of terrorists rather than protecting law-abiding Canadians. The NDP has been instructed to try to block my private member's bill, Bill C-425, in committee and prevent it from moving forward.

Bill C-425 would strip convicted terrorists of their Canadian citizenship. Eighty per cent of Canadians support strong measures like this to combat terrorism.

The leader of the NDP and his party are completely out of touch with Canadian.

Our Conservative government is committed to strengthening the value of Canadian citizenship. We do not think convicted terrorists deserve the privilege of calling themselves Canadians.

I urge the leader of the NDP to stop trying to dilute the values of Canadian citizenship and standing up for the interests of terrorists, and let us move forward with my bill.

Thunder Pride

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I rise today to congratulate Thunder Pride on their 2013 community celebration that is taking place this weekend in Thunder Bay. Thunder Pride is the annual community celebration of diversity rights in northwestern Ontario and celebrates the history, courage, diversity and future of Thunder Bay's LBGTQ community.

Some great events are still to come this weekend, including the Pride Parade and Pride in the Park, a music festival taking place this Saturday. More information can be found on the web at thunderpride.ca. This event, along with the city of Thunder Bay's respect campaign, is a demonstration of the fact that a respectful community means that we see the value in different perspectives, histories and journeys.

I would like to thank and acknowledge the efforts of this year's co-chairs, Cynthia Olson and Scott Gale, who along with the countless number of volunteers and supporters, make this event such a great success each year.

In closing, I would like to wish Cynthia, Scott and the volunteers of Thunder Pride all the best for their great week of events.

I am sure I speak for all members of this place when I say that we are indeed proud to stand with them.

Citizenship and Immigration

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Mr. Speaker, when the leader of the NDP was not running stop signs and putting pedestrians at risk, he instructed his MPs to filibuster a private member's bill at the immigration committee for a third day now, potentially placing CF members at risk.

What could be so important that the NDP has decided to spend almost three days filibustering? The answer is that they are fighting so that convicted terrorists can keep their Canadian citizenship.

People heard me correctly. The NDP is fighting tooth and nail against stripping convicted terrorists of Canadian citizenship. The NDP is ignoring over 80% of Canadians who support the member for Calgary Northeast's bill, and instead is choosing to dilute the value of Canadian citizenship. The NDP has reached a new low and is showing yet again how out of touch its members are about what matters to Canadians.

I call on the leader of the NDP to stop these games, and at stop signs, and to let the immigration committee move forward with this bill so that we can strip Canadian citizenship from convicted terrorists. We know who he is.

Governor General's Academic Medal

[Frank Valeriote, Liberal, Guelph, ON]

Mr. Speaker, the Governor General's Academic Medal, created in 1873 by Lord Dufferin to encourage and celebrate academic greatness by a student in a Canadian school, is awarded to the best and brightest, scholars such as Pierre Trudeau, Kim Campbell and Tommy Douglas. Award winners have gone on to be leaders in industry, science, and yes, government.

Today, Guelph proudly celebrates that its own Dr. Adriano Senatore will be awarded a gold medal for his Ph.D. graduate work. Dr. Senatore's work at the University of Waterloo on the evolutionary analysis of ion channels provided unexpected insights into their fundamental properties, and sheds more light on how neurons, muscle and other excitable cells function and how abnormal function can lead to disease in humans.

Adriano's brilliant work will no doubt contribute not only to Guelph, but to Canada's reputation as a great incubator for important research and researchers.

On behalf of all members in the House, I wish to extend my congratulations on his remarkable achievement.

Parliamentary Precinct Security

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, the nation's capital is not vice city , and the leader of the official opposition is not a Tara Reid, Reese Witherspoon, Rihanna, David Hasselhoff, or even Miley Cyrus, but maybe he is.

Despite his affection for Grand Theft Auto, the bearded bandit of Parliament Hill is not above the law. He can run, but he cannot hide. Perhaps the next time he arrives on Parliament Hill, he will yell out “You can't tell me what to do. I'm Snooki.”