House of Commons Hansard #94 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was hiring.

Topics

Veterans Hiring ActGovernment Orders

9:05 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I am pleased to rise today to support our government's efforts on behalf of our nation's veterans as well as those still serving and their families.

I am not here to fight with anybody or to pick a fight with anyone because I think everybody in this House is motivated to do the right thing for our veterans. We can disagree about measures taken being too much, too little, the wrong way, or whatever. Our government and the opposition in committee, particularly the members for Sackville—Eastern Shore, Guelph, and others, have been sitting very diligently for some time now, and the results will come tomorrow. I think all members in the House will be pleased with what they see. Inevitably, there will be some who say it is not enough. That is just the nature of the beast.

This is a very big story. It is a very long story. It is not a perfect story. It never will be a perfect story. That is why we have to take measures as we find them, one at a time, preferably more at a time if we can, and hopefully tomorrow will be an example of that. However, we have to keep moving forward. That is what the veterans hiring act does. It is not a panacea. It is not a silver bullet. There is no such thing. It gives our veterans, who have obviously sacrificed, who have put themselves in the line on our behalf and on the behalf of others around the world, in Afghanistan, Libya and wherever else, access to jobs in the federal public service. This is enhanced access to rewarding and meaningful jobs that will allow them to continue to lead and serve their country.

There were questions about qualifications. Of course, somebody has to be qualified to do any particular job. Anything else would make no sense at all. This act will help to ensure that veterans have access to job opportunities, by making an amendment to the Public Service Employment Act.

First and foremost, the five-year hiring preference will be extended to those who are medically released for service-related reasons. This will help to give those veterans the highest level of consideration for jobs in the federal public service. This is a long-term picture. It is not about what is going on in the public service now, or any kind of cutbacks, such as we saw in 1995, such as we have seen more recently in response to economic situations. Governments do what governments have to do. The Liberals did it in 1995, and there was massive criticism then. That is politics. They did what they felt they had to do. This government has done what it felt it had to do, although much less than the previous government did. That is not to say one was good or one was bad. It was different circumstances, with a different reaction by different governments.

This single change in the veterans hiring act demonstrates our understanding that while these men and women may not be able to serve in the Canadian Forces anymore, they still have a lot of things that they can offer to Canada. Whether it is in the public service or other professions, they are still capable of making great contributions in service to their country.

It is the same principle behind our proposal to extend the existing hiring preference for all medically released veterans from two years to five years.

We will take this even further by increasing access to public service jobs for honourably released and still-serving members. It will allow a greater number of veterans and still-serving military to participate in the hiring process for advertised positions in the federal public service. It will give honourably released members, who have at least three years of military service, a preference in advertised external hiring processes for five years from the date of release. This means that they can be appointed if qualified, and obviously it has to be “if qualified”, over other qualified candidates.

In order to ensure that veterans are offered employment opportunities, it will also establish a hiring preference for veterans over other applicants for externally advertised hiring processes. Simply put, if the veteran is equally qualified and has been honourably released with at least three years of service, the veteran will get the job over anyone else.

I believe our veterans and still-serving personnel are ideal candidates for careers in the public service, and many other professions. Their experience has taught them how to organize, prioritize, manage, and make decisions under pressure, all of which are assets in the public service.

After I left the military, it dawned on me more and more that servicemen and women sell themselves short in the military. Whether flying airplanes or loading armaments, fixing electronics or radars, or being a midshipman, whatever they are, they sell themselves short because they focus on the specific skills they have to do that military job.

They very often do not appreciate the transferable nature of those specific skills but, more importantly, the personal qualities they bring from the military to civvy street. These are qualities of integrity, teamwork, leadership, discipline, life experience, and the experience they have dealing with people and incredibly difficult situations, where lives are at stake, the lives of those they are saving.

It can also be a simple quality like showing up on time. One of the things I hear a lot from people on civvy street is that if they could get people who would show up for work on time every day, they would be further ahead. This is a quality of anybody coming out of the military. I often jokingly get criticized for always being early, although it is true that I have been late once or twice. However, it is a habit. In the military, being on time means being five or 10 minutes early.

These are the kinds of qualities that civilian employers value. For anybody in the military who is listening, they should not sell themselves short. They may have a specific MOC in the military, a specific trade, but they can do much more than that, just with the human qualities they have developed in the military and their ability to learn and develop new skills.

I am proud to support these amendments. This is not a panacea. It is not a silver bullet. However, it is one set of measures for one set of conditions, and there are many more that need to be addressed.

As one of my colleagues mentioned earlier, there is a tremendous resource here. We have 7,600 people being released from the military every year on average, and about 1,000 medically released, at an average age of 37. When I was released, I was only 47. That may be old by comparison, but it seems young now.

As I said, this is just one measure. There are many other measures and significant investments that our government has delivered, and there is more to be delivered. There will always be more to be delivered.

Since being elected, our government has invested more than $5 billion in new funding to improve the benefits and services that we provide to veterans and their families. We have committed much more in the 2014 budget in support of Canada's veterans.

The federal budget, delivered this past February, also pledged a further investment in the funeral and burial program, totalling $108.2 million over the next three years. Specifically, the new funding will expand the program's eligibility criteria to ensure that more modern-day veterans of modest means have access to a dignified funeral and burial. This new money is in addition to the $65 million that was announced in last year's budget to simplify the program and increase the reimbursement rates from $3,600 to over $7,300.

As well, budget 2014 commits the Government of Canada to investing almost $2.1 million this year to enhance the Veterans Affairs Canada My VAC account. For those who do not know, My VAC account is a web-based tool, not like monster.com, that allows users to conduct business online with their department at any time of day or night. This means that one can complete a variety of transactions with the government when it is important and convenient for one to do so, such as applying online for the full range of benefits, updating contact information, or tracking the status of a disability program application. Do all of these things need to be made more simple? Yes, they do, and Veterans Affairs is working on that as we speak.

This kind of thing is clearly something that veterans have been waiting for. We already have more than 9,000 registered users on My VAC account, and we expect that number to grow to 25,000 by about 2017.

In short, this investment builds on our efforts to eliminate unnecessary red tape so that veterans can access the programs, services, and benefits they need as quickly and painlessly as possible. I totally agree that over the years we have sometimes made it too difficult to access some of these services and benefits, with too much red tape, too many hoops to jump through, and too many people along the way giving the wrong answer, that being “no”.

We have done a number of things. For example, we introduced up front payments for the veterans independence program, or VIP program, for housekeeping and grounds maintenance. We have made changes to simplify reimbursements for travel costs to and from medical appointments. We have done away with having to submit receipt after receipt. We give them funding up front and then let them go about their business.

Last October, the minister announced similarly important and time-saving changes to the vocational rehabilitation program. By making the program more flexible, we are now able to respond faster and more fully to the specific needs of the more than 1,300 veterans who are currently eligible for the $75,800 in training. We need to further improve that system and streamline access to it, and we are in the process of doing that.

We have also established the veterans bill of rights, something that veterans have been asking for since the 1960s. We created the office of the Veterans Ombudsman to ensure the fair treatment of veterans, their representatives, and their families, in accordance with the veterans bill of rights.

The ombudsman is in a difficult position. He or she is obviously an advocate for veterans and spends a lot of time listening to the issues of veterans, talking to them, trying to make a connection between those issues and the Department of Veterans Affairs, the minister, the parliamentary secretary, the bureaucracy. That person is in a very important but very delicate situation, so it is important that the office be maintained, and obviously it will. It was very important that it was established.

We are also addressing mental health issues that our returning men and women may face, and that is a difficult challenge, as it is for all of our allies. The mental health of Canada's veterans is and has to be a top priority for our government, or any government, particularly those who suffer from post traumatic stress disorder. That is why, in 2007, we doubled the national network of operational stress injury clinics. The innovative personnel support units have sprung up across the country to address the growing number of veterans suffering from PTSD and other mental health conditions.

This weekend, I was in Edmonton. There is an event called “Clara's Big Ride”. That is Clara Hughes, the sixth-time Olympic medal winner in both summer and winter games. She is cycling 12,000 kilometres around the country, counterclockwise, to bring attention to mental health, to the stigma, and getting people to talk about it. That is so important. People in the military are like Clara Hughes. They are A-type personalities, and it is very difficult for them to talk about having a problem.

As I told the crowd then, and it applies equally to the military, it is okay to have a problem. That is normal. One in five Canadians has a mental health problem. It is not okay to not do something about it. It is not okay for any government or any organization that cares about veterans to not try to do something about it. That is what we are trying to do.

In fact, the minister just announced a plan, a pilot project, to assess the benefits and risks of psychiatric service dogs to assist in the treatment of PTSD in veterans. It is a two-and-a-half year pilot project to place about 50 veterans with dogs, to the tune of about $500,000 to cover expenses and new research. Research is extremely important.

Many veterans have called on us to evaluate the benefits of service dogs and other animals, horses, for example, in the treatment of PTSD. I am proud that we are taking steps down that road, and more steps need to be taken.

We continue to work ambitiously to create new employment opportunities for veterans. That is why we have been a proud supporter and financial partner in the Helmets to Hardhats program. That program is providing veterans with opportunities for employment and apprenticeship in the construction industry. That program is relatively new. It will take time for the program to fully develop and reach its full potential.

We heard some criticism that we think the soldiers are only good for turning wrenches or pounding nails. Those jobs are very high tech, very highly skilled, and very highly paid.

That is why we are working with corporate Canada and the Canadian Forces, in partnership with employers across the country, to assist veterans in transitioning into civilian careers, working with companies like 3M, Synovus, Intuit Canada, and many more.

That is why we brought forward the veterans hiring act. It builds on of all these investments and initiatives. It establishes an unprecedented level of commitment to hiring veterans into the federal public service. It delivers real and meaningful new opportunities for Canada's veterans and military personnel who want to start new careers. It is another way that Canada can express its gratitude and respect for these men and women.

As I have said a couple of times, and as others have tried to say, it is only one measure. It is not a panacea. It is not a silver bullet. However, it is one measure. I am pleased to see that the opposition will support this as a step forward. There are many more steps that need to taken, some larger, some smaller. This is just one, but it is an important one.

It is a good piece of legislation. We will take it to committee. If there are amendments that make sense, I assume it would probably go to the Veterans Affairs committee. I am hoping it does. This is the kind of legislation that I can certainly get my head around in terms of pushing it forward, but also in terms of making meaningful amendments to make it even better.

It is all part, in a small way—and the military will not take over the public service—of getting some of the mental capacity, some of the qualities of individuals, into an area where they can benefit, not just their unit in the military, not just a local organization that they might join afterwards, but in service to the entire country through the public service.

Therefore, it is important that we create these job opportunities for our brave men and women to assist them in transitioning to civilian life.

That said, I am not going to dwell on this. It is a little disappointing that a union has spoken out against the initiative. It does not seem to believe that our veterans should be at the front of the line but should be at the back of the line, behind the civil servants. I understand unions supporting their members. That is what unions do and what they should do. However, I think there is a bit of a breakdown in understanding. If retired veterans become members of the public service through those jobs, then they will be members of that union. My advice to the union is to let it happen. They would be new members for the union, and very qualified members. The union would be supporting veterans along the way. It really is the best of both worlds.

I know that the NDP will vote for the bill, so I will not dwell on that anymore. I know that the NDP will support it and that the Liberals will support it, and that is what everyone in the House should do.

We talked a bit about the veterans affairs committee report that will be tabled tomorrow. We would love to tell the member for Guelph, the member for Sackville—Eastern Shore, and others about it tonight, because we are justifiably proud of what we have done. Will it answer all the questions to everyone's satisfaction? No, there is probably no way we could possibly do that. Will it take some significant steps forward? I think it will.

Members of the committee, on all sides of the House, worked extremely hard together and extremely collaboratively. We all put water in our wine. We all backed off here and there. Everyone got something that most people will applaud. We will see tomorrow. It will be significant progress. The government has to implement it, and I for one will pledge to do my part as a member of the government to get that done. There will be bumps and grinds along the way. We know that. It does not happen overnight. However, it will set the framework for some significant change, and I think most people will enjoy what we present tomorrow.

I retired 20 years ago now. It seems like yesterday. The new veterans today are more educated than they were even when I retired and are certainly more educated than a lot of folks at the end of the Second World War. They are younger, by and large. There are a lot of twenty-somethings coming back from Afghanistan. They are much more aware of their rights and their power, their power to band together in various advocacy organizations and their power to put pressure on government. That is totally what they should be doing. We should do it on all sides, respectfully, based on facts. It is invigorating.

One of our witnesses, Sergeant Bjarne Nielsen, had a wonderful attitude. I know for my colleagues in the House who sat on the committee that it was one of the things we remarked on. He had an IED incident where he lost a good part of one arm. His side was completely opened up. It was many months of surgeries, rehab, and so on, but he had come back. He was starting a very meaningful life for himself and his family, who went through a lot of problems and heartache, but he is coming back. He praised the government programs, admitting that obviously people would like to see more. His point was that government programs can only bring 49%. The other 51% has to come from the veteran. That was a tremendous attitude, and we were all gobsmacked, frankly, by his testimony. He was so positive and so determined that there was no doubt in our minds that there was a young man who was going to succeed in whatever he did because of his attitude.

Attitude goes a long way in all things. Attitude goes a long way in the House when we deal with each other, good or bad. Attitude goes a long way for people in duress or distress and getting them out of that.

We are here to provide the framework to do that through things like the veterans hiring act and other measures we will bring in as time goes by. However, it really is a collaboration, a co-operation, a partnership between us here, veterans, and all the organizations out there committed to doing the right thing, and that is the right thing for our veterans.

Veterans Hiring ActGovernment Orders

9:25 p.m.

NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I thank my colleague for his speech even though we do not necessarily agree.

As he said, and as members of both sides of the House have said, we can agree that there is a problem here, even though we disagree on how to solve it. My colleague from Sackville—Eastern Shore said something to that effect too.

However, I want to look at one specific part of the problem, and I would like my colleague opposite to correct me if I am wrong. Unless I am mistaken, when he talked about the creation of the veterans ombudsman, there was a similar bill. It was Bill C-11, which died on the order paper, and Bill C-27 is the new version.

The government dropped the first version of this bill because it had some problems. In the summer of 2013, the ombudsman pointed some of them out, and in 2012, the Auditor General also conveyed his concerns about all of these programs.

Can my colleague comment on the fact that the ombudsman's recommendations were ignored? Will the committee look at that? Even if we support the bill, more can be done, and we want to do more on this issue.

Veterans Hiring ActGovernment Orders

9:25 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, this whole issue has a whole lot of moving parts. We are a moving part. The Veterans Ombudsman, Veterans Affairs, and the Auditor General all play a role in issues like this and others that are similarly complex.

We listen to the ombudsman. We have been very active with the ombudsman. The ombudsman does not get everything he recommends sometimes, because sometimes it is, frankly, too tough, for a variety of reasons.

However, I will point out that there were about 250 recommendations. There were about 50 regulatory and legislative recommendations and about 200 recommendations that were administrative. Virtually all of the 200 administrative measures that were recommended were implemented by the government. About eight or 10 of the 50 legislative and regulatory recommendations were implemented as well. There is more to do.

I can not remember, and I could not tell the House anyway, what the connection is between some of the standing recommendations and some of the things we will be proposing tomorrow. However, this is a continuous work in progress. It will always be a work in progress.

The fact that the ombudsman may be frustrated that things did not happen as quickly as he wanted in some areas is natural. I would expect him to be. I would want him to be. I would want him to keep pushing us. I would want him to keep raising more issues and considerations for us to look at. Maybe there is another way of doing it. If we cannot satisfy it this way, maybe we can satisfy it another way.

It is a very important part of the process. We have responded to roughly 210 of 250 recommendations.

Veterans Hiring ActGovernment Orders

9:30 p.m.

Liberal

David McGuinty Liberal Ottawa South, ON

Mr. Speaker, I would like to begin by congratulating my colleague for Edmonton Centre for the thoughtful approach he brought to the speech, for his tone, and for his conciliatory approach to this. I know from my colleague, the member for Guelph, just how facilitative a role he has played at committee and how constructive and positive he has been. In fact, I have constituents who served with him in the air force who speak glowingly and highly of his record and his character.

I would like to pick up on one of the last points he made, which I think is an offer or an appeal for ways we can improve this legislation. We have a way, as my colleague, the member for Guelph, put forward some time ago, to improve this bill. It deals with a few things.

First, in his heart of hearts, I think the member would admit that the $75,000 program the government is offering is now limited in amount and limited in accessibility.

Second, I think he would also have to admit that there have been tens of thousands of jobs cut. There is a hiring freeze, and not all veterans can meet the requirements to achieve a lot of these public sector jobs.

The opportunity in front of us is this. Would the member countenance amendments at committee so that a skills translator system could be implemented in the bill? It would determine the skills and aptitudes of veterans as they depart. It would line up with both public sector and private sector job opportunities. It would give them more choice, which is something I always believed the Conservative Party believed in. It would give them more choice in terms of moving forward.

Finally, in his heart of hearts, does the member not agree that perhaps the $4 million being spent on advertising today during hockey playoffs could be better spent and more wisely invested in enhancing these skills and aptitudes so that we can do right by our veterans?

Veterans Hiring ActGovernment Orders

9:30 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I appreciate the question from my colleague from Ottawa.

This bill is just one measure. The member talked about vacancies or a lack of vacancies at the moment in the public service, and that is a legitimate point. This is a long-term program. This is not catering to the situation today; it is catering to 20, 30, 40, and 50 years to forever, whatever forever is.

With respect to amendments, speaking for myself personally, I am prepared to hear any amendment that makes sense that will improve the program and will improve accessibility and so on. I am not as familiar with monster.com as my friend from Guelph, so I would have to Google it to see what it really says. I am personally prepared to listen to anything that would make the bill better and that would make services to veterans better. One of the reasons I came here in the first place was to do that.

However, specifically to the point about advertising, last year we spent $1.1 billion on health care and re-establishment services. A lot of these programs are demand driven. If we want to drive up the amount of money we spend on that, get 10,000 veterans through the door to access whatever the program is, and they will get it. It is demand driven. We want those 10,000 veterans, or whatever the number is, to come through the door and say, “I want that service, because I just saw it on television, because I am a hockey fan, because I watch the Stanley Cup playoffs”. Veterans love hockey just like most of the rest of Canadians. That is a very good way to get the word out so we can get those veterans through the door to access those programs so we can drive up the amount of money so that it dwarfs the $4 million spent on that, because we are getting so many more services out to veterans. It is easy to pick on a number to make a point without looking at the whole picture.

Veterans Hiring ActGovernment Orders

9:35 p.m.

Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of Labour and for Western Economic Diversification

Mr. Speaker, I really appreciate how my colleague talked about this being one piece of the puzzle and that we need a comprehensive plan. He talked about a number of elements of that comprehensive plan. It certainly sounds like we have broad agreement for this particular piece.

Something that really piqued my interest when the member was talking earlier was a recently announced service-dog pilot project we are going to be doing. For our veterans to have benefits from the job opportunities, we need to support that journey back to wellness for those who are suffering with PTSD.

I had the opportunity in my riding to meet someone who had a service dog who was feeling tremendous positive benefits from the support and from the relationship he had with the dog.

I wonder if my colleague could talk a bit more about that program and how that actually might assist the journey of our soldiers back to wellness that we all so want to see.

Veterans Hiring ActGovernment Orders

9:35 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, that is a great question about a great program.

The military has some experience with this through Wounded Warriors. I was in Edmonton a little while ago with a young soldier who was being recognized as the 100th soldier to get a service dog. What we are missing is some research-based evidence so we can put some hard empirical data to that to say that this is a long-term program. Here is what we can do, here are the benefits, and here are the risks, and that kind of stuff.

This pilot project with 50 dogs and 50 soldiers and $500,000 over a two-and-a-half-year period is critical to putting a framework around it so we can ensure that we are getting the maximum benefit and it can continue and become a long-term, established program.

Veterans Hiring ActGovernment Orders

9:35 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

Resuming debate. I would like to inform the hon. member for Jeanne-Le Ber that he will have only seven or possibly eight minutes before the end of the debate on this bill.

Veterans Hiring ActGovernment Orders

9:35 p.m.

NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, I would like to thank my hon. colleague across the way for his words, particularly that he was open to hearing amendments. My colleagues will absorb that with great hope and great faith, because we have heard the government say many times that it is open to amendments and then those amendments are never accepted or adopted.

As I only have a short time, I am going to jump into the middle of what my remarks were going to be and focus on some of the recommendations from the Veterans Ombudsman, who spoke of the need for dialogue between the Department of Veterans Affairs and National Defence Canada along with organizations such as the Retail Council of Canada to cultivate relationships and develop a better understanding of their needs and the needs of our veterans.

One of the biggest issues that veterans face when transitioning into the workforce is a two-sided issue. On the one hand it is an issue where veterans have a hard time translating their military skill sets, their military abilities, their military CV if I may, into a marketable state that HR departments would understand, and on the other hand, HR departments have a hard time finding a way to translate those skills into a marketable place.

If we are considering amendments, this is one of the areas we could take a look at. We could do two things.

We could open up the accessibility of what the bill wants to cover, because right now it is limited to just the public service and that would shut a lot of doors for many veterans who may have skills that may not fit the purview of the public service but would benefit other private sector places.

We need to look at how we can help our veterans who are so deserving of our thanks and so deserving of a place in their communities, so deserving of a place in our society because they went overseas and put themselves in harm's way to protect. We need to help them adjust back into the workday world and translate their skills into a marketable fashion. On the other hand, we need to look at helping the private sector understand what their skill sets are. This is just one aspect of what the ombudsman suggested in terms of making this legislation stronger.

We need to have something that separates what we call our modern vets from the veterans who are covered by the original agreement, the gentleman's agreement, if I may.

Our sacred obligation to our veterans is an issue in and of itself.

We need to do what we can to make sure that these individuals have maximum opportunity to reinsert themselves back into the workforce, back into their communities, back into Canadian society.

One of the things that makes those who stood and served their country proud is the fact that they contributed something to their communities, either by standing as a soldier representing this country, representing our ideals, or when they come home being able to do what we take for granted, which is taking care of their families, which ensures that they are building a place for themselves in our communities.

This bill is an opportunity for the government, as well as the House, to help those individuals do that. I would like to see this bill opened up in such a way that it can include more veterans. We hear on a daily basis the listing of numbers, how much the government has spent and what it has done, and yet veterans still come to the Hill in what seems to be unprecedented numbers saying that access to the services they require does not exist. Family members looking to help their loved ones are not able to find the help in various ways, to the point of coming to see the ministers and their MPs. This bill is an opportunity to help open up that dialogue, to help begin that conversation.

I was glad to hear a number of colleagues across the way say that this is part of a larger picture, that this is a first step. Often we hear that a bill is the way it should be and it does not need any amendments. One thing we need to consider, and I hope will be considered at committee, is continuing to have dialogue with the private sector, National Defence, and Veterans Affairs to find out how we can help veterans transition more smoothly into the private sector, becoming full and complete contributors to their communities.

Veterans Hiring ActGovernment Orders

9:45 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

It being 9:45 p.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

Is it the pleasure of the House to adopt the motion?

Veterans Hiring ActGovernment Orders

9:45 p.m.

Some hon. members

Agreed.

No.

Veterans Hiring ActGovernment Orders

9:45 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

All those in favour of the motion will please say yea.

Veterans Hiring ActGovernment Orders

9:45 p.m.

Some hon. members

Yea.

Veterans Hiring ActGovernment Orders

9:45 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

All those opposed will please say nay.

Veterans Hiring ActGovernment Orders

9:45 p.m.

Some hon. members

Nay.

Veterans Hiring ActGovernment Orders

9:45 p.m.

NDP

The Deputy Speaker NDP Joe Comartin

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to an order made on Tuesday, May 27, 2014, the recorded division stands deferred until Tuesday, June 3, 2014, at the expiry of the time provided for oral questions.

Tougher Penalties for Child Predators ActGovernment Orders

June 2nd, 2014 / 9:45 p.m.

Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

moved that Bill C-26, an act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other acts, be read the second time and referred to a committee.

Mr. Speaker, I am always pleased to rise in this splendid chamber to be with my colleagues, particularly to speak to such an important bill as Bill C-26, the tougher penalties for child predators act.

The bill, as members know, would touch upon three on three important areas: sentencing reform; the Canada Evidence Act, the evidentiary reforms we believe necessary; and enhancing the practical tracking of sex offenders through our public safety department.

The bill would represent another positive, significant initiative that our government has brought forward to address one of the absolute worst forms of crime: the sexual abuse of children.

As a new father, I must say that in addition to the joy that a child brings to one's life, it is certainly also a stark reminder of the vulnerability of young children and the sacred duty that we all share to protect our youth, particularly, children who are subject to sexual abuse.

It is incumbent upon us to continually assess the current adequacy of the law in that regard. How does our criminal law in fact protect our children and ensure that we are effectively and comprehensively addressing these heinous crimes of sexual abuse?

Sadly, children and youth are far too likely to become victims of sexual offences, more so than adults. For instance, in 2011, police reported that cases had actually gone up. Reported rates indicate that children were five times more likely than adults to be victims of sexual assault. In fact, in 2012, police reported incidents of child sex offences had increased by 3%, and that was up over 3% the year before that. These statistics from Justice Canada indicate, clearly, that the current laws have to be examined and improved. That is what we are attempting to do.

The statistics, of course, do not tell the full story. They do not tell, or speak to, or truly reflect the devastating lifelong impact of a sexual offence on a child.

The amendments to the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act set out in the bill would help to ensure that any offenders who have committed sexual offences against children are fully held to account for crimes committed against the most vulnerable members of our society. These amendments would also serve as a deterrent for these heinous crimes.

The bill would also create a high-risk child sex offender database. Practically speaking, this would assist in protecting society's most vulnerable from those who are known to have offended against them and those who are most likely to do so again: a classic incurable pedophile.

To achieve these important objectives of protection, the bill would maintain several different components. First, maximum and minimum penalties for certain Criminal Code child sexual offences would be increased, building upon the recent reforms that were enacted by the Safe Streets and Communities Act, formerly known as Bill C-10.

The Criminal Code already contains comprehensive provisions protecting children from sexual exploitation, including both general and child-specific sexual offences.

The child sexual offence reforms would ensure that anyone who commits any of these offences against a child faces a mandatory minimum penalty. That means jail time, in all cases, if someone sexually abuses a child.

Yet more can be done. The bill proposes, further, to increase the mandatory minimum penalties and maximum penalties that would apply to child sex offences to better deter and denounce this type of heinous offence. Maximum penalties for breaches of prohibition orders, probation orders, and peace bonds, all of which can be described as supervision orders and aimed at protecting those who are most vulnerable again from an individual who has been released who has arguably already been afforded the opportunity to be back in society, albeit with restrictions.

The intent here is to ensure that when people violate conditions imposed by a court, conditions that were aimed specifically to protect a child, there will be accountability. A stay-away order, for example, from schools, pools, and playgrounds is a classic attempt to keep sex offenders away from children. When those violations of probation occur, there would be a specific offence attached.

These tools would authorize judges to impose conditions on child sex offenders or suspected child sex offenders by prohibiting unsupervised contact with children. Again, that would be a protective order made by a court to hopefully pre-empt any further offence. If those pre-emptive orders were breached, the bill would bring about criminal accountability.

A sentencing judge would have to consider imposing a probation order on an offender convicted of a sexual offence on a child, and probation orders could be imposed on an offender sentenced to two years' imprisonment. A peace bond could also be imposed if there were a reasonable fear that a person would commit a child sex offence.

Strict adherence to the conditions imposed by these supervision orders significantly reduces the risk of reoffending. Many breaches of supervision orders do not involve the commission of a new offence that would warrant a new charge, but any breach of a condition imposed to protect children, we believe, would be a significant indicator of risk to children.

Accordingly, the protection of children and the prevention of sexual offences against them demand significant condemnation of all violations of supervision orders. Importantly, this bill would increase the penalties for breaches of the new probation order proposed by Bill C-13, the protecting Canadians from online crime act, so I would describe this as sister legislation. As the Speaker is aware, this new offence of non-consensual distribution of intimate images very often includes a pre-emptive attempt to stop the spread of the offending material.

We know that in the case of young suicides, it is that devastating feeling of hopelessness that the material on the Internet is being passed around not only in the community but literally around the globe. It has a devastating psychological impact on the individual. This new legislation aims not only to help remove the material but also in some cases to restrict the offender or the accused from having any further contact with that young person, so there is very much a connection between this bill and Bill C-13, I would submit.

This amendment would ensure that penalties for both the new probation order and for child sex offence prohibition orders are consistent. Again, it is important that we have consistency in the legislation.

The bill also proposes sentencing reforms that would clarify and codify the rules regarding the imposition of concurrent and consecutive sentences, something that there has been confusion on in the past. In general, concurrent sentences are imposed and served simultaneously for two or more convictions that arise out of one continuous act or single transaction, often referred to in the courts as the same event or series of events rule.

Conversely, consecutive sentences are imposed and served one on top of the other for multiple convictions for unrelated offences, as they arise out of separate criminal transactions. The concepts of concurrent and consecutive sentences predate Confederation. Amendments over the years have complicated the statement of the rule contained in the Criminal Code to the point that it sometimes offers little guidance to the courts.

To address this deficiency, the proposed amendments would direct courts to consider ordering, where applicable, that sentences of imprisonment be imposed and served consecutively. That is to say that when the court would sentence the offender for multiple offences at the same time, the proposed amendments would direct courts to consider ordering that the terms of imprisonment for offences arising out of separate events or a separate series of events would be served consecutively.

This bill also proposes to codify the approach of the courts when one of the offences was committed either while on judicial interim release—or bail, as it is commonly known—or while the accused was fleeing a police officer. In such cases, in order to discourage offenders from committing offences with impunity, courts would usually order that the offences be served consecutively to other offences for which the court would sentence the offender.

The purpose of these proposed amendments on consecutive versus concurrent sentencing is to try to bring about a greater sense of consistency and understanding as to when and why consecutive sentences apply to certain circumstances and to certain offenders. In particular, for multiple child sex offences, including child pornography offences, we believe that sentences should not receive a sentencing discount, as it is sometimes described, whereby a court directs that the sentences imposed are served concurrently, meaning that the offender only has to serve the longest sentence that is imposed for a series of convictions.

Put another way, this proposed amendment would require that sentences for child pornography offences and others would be served consecutive to any sentence imposed at the same time when there has been what is called a contact child sex offence or when there have been multiple victims. Sentences imposed at the same time for contact sexual offences committed against one victim would be served consecutively to those imposed for contact sexual offences committed against any other victim.

This gives individual recognition in the criminal system for each of those victims in the sentence that is meted out. These reforms end the sentencing discount that is sometimes afforded to child sex offenders who are sentenced at the same time for multiple charges. In particular, they ensure that the law recognizes the devastating impact that sexual abuse has on each individual life.

The bill sends a clear message to child sex offenders that there will be no more discount and that they will serve jail time for each and every victim, each and every offence. We believe this is a just result, given the seriousness of the type of offence and the fundamental injustices that have occurred when there have been multiple victims.

Another important sentencing reform included in this bill is to ensure that any evidence that an offence was committed while the offender was subject to a conditional sentence order—that is, a sentence that was served in the community or while on parole or while on statutory release—is also considered an aggravating factor for sentencing purposes.

These amendments will ensure that the gravity of committing an offence while subject to one of these more lenient orders is better reflected in the sentence that is then imposed.

The bill will also make it possible to ensure that the spouse of the accused can testify in child pornography cases. Under the Canada Evidence Act and common law, unless spouses are irreconcilably separated, for most offences, the spouse of the accused cannot testify for the prosecution even if he or she so desires. One spouse is not competent to testify and cannot be compelled to testify against the other. The spouse of the accused is not compellable.

The Canada Evidence Act contains statutory exceptions to these rules permitting spousal testimony for most child sex offences and offences of violence against young persons, but not for child pornography offences. Again, we hope to bring about a greater sense of consistency when it comes to spouses and their competency and compellability before the courts.

The amendments proposed in this bill add child pornography to the list of exceptions in the Canada Evidence Act, making the spouse of a person accused of any of the child pornography offences competent and compellable to testify for the prosecution. In child pornography cases, as we know well, the evidence of the accused's spouse may be required to prove the guilt of the accused. For example, the spouse's denial of responsibility for child pornography on a shared home computer may be necessary to prove the accused's guilt beyond a reasonable doubt.

Without this amendment, child pornographers may be able to get away with this very disgusting crime, and we must put an end to this legal loophole. I would submit that the current state of the law on this issue is unacceptable. Any form of child pornography we know is taking advantage of and exploiting children.

This bill also includes amendments to the Sex Offender Information Registration Act. These amendments would require registered sex offenders to provide more information regarding their travel abroad and would permit information-sharing on registered sex offenders among officials, those responsible for the national sex offender registry, and the Canada Border Services Agency. All of this reform is aimed to prevent travelling sex offenders from accessing children in foreign jurisdictions and to facilitate holding them to account for their crimes.

My friend the Minister of Public Safety and Emergency Preparedness will be speaking to this issue. My friend the Minister of Veterans Affairs is a former police officer. I know he shares the desire to break down any barriers to sharing information between agencies to help hold sex offenders accountable. In this day and age, we cannot be seen as a nation that allows those convicted of these heinous crimes in our courts to then go abroad and take advantage of jurisdictions where laws and enforcement may not be as rigorous. We owe a larger duty of care to children in other countries as well. They are equally vulnerable.

Currently, the law as it pertains to registered sex offenders and the reporting of absences of seven days or more for trips within or outside Canada only requires them to report specific designations and addresses for domestic trips. This bill would amend the act to ensure that all registered sex offenders report every address or location at which they expect to stay on a trip for seven days or longer outside Canada, as well as specific travel dates. These amendments would also require registered sex offenders with a child sex offence conviction to report absences of any duration for trips outside Canada and to provide specific dates and locations. These amendments would help facilitate information-sharing with foreign jurisdictions, which I consider to be appropriate.

As well, the bill proposes to authorize national sex offender registry officials to disclose information on registered sex offenders to Canada Border Services Agency officials, particularly in cases of child sex offenders assessed as high risk, who will be placed on their lookout system. CBSA would also be authorized to collect information about these sex offenders upon return from travel outside Canada and to share this information with the national sex offender registry officials.

Given that the national sex offender registry officials and CBSA officials do not currently have the authority to share information on registered sex offenders, we believe these amendments are critical and practical in ensuring that authorities are aware of the activities of sex offenders who travel outside our country. Without this knowledge, it may be impossible to detect and combat this type of criminality.

Last but certainly not least with respect to the importance of this bill, the bill proposes the creation of a high-risk child sex offender database. It would authorize the RCMP to establish and administer a publicly accessible national database of high-risk child sex offenders who have been the subject of a public notification in a province or territory.

All of this, I would submit, is in keeping with previous efforts that we have made to improve our criminal justice system to protect our most vulnerable, particularly our children. We have made numerous amendments and brought forward some 30 criminal justice initiatives in the last eight years, including taking such practical measures as increasing the age of protection, putting in place legislation to make the reporting of child pornography by Internet service providers mandatory, and strengthening the sentencing and monitoring of dangerous offenders. All of this is in keeping with our efforts to make this country safer and to make our justice system more just.

We have also put in place the necessary resources to set up child advocacy centres in 10 locations across the country. We have launched the getcybersafe.gc.ca website for public awareness. We have joined in the Global Alliance against Child Sex Abuse Online. I am proud to say that all of this furthers the intent of this bill.

The fundamental message is clear. We must do everything in our power to protect children. I know this is something you share as a father, Mr. Speaker, and we all share as parents and those who care for children. Accordingly, I would encourage all members to support this important legislation.

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10:05 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would like to thank the minister for his speech on Bill C-26. Finally, we can debate it.

It always makes me shudder to think that there will be a registry for high-risk offenders. I always wonder what high-risk offenders are doing in our streets. To me it signals that there is a problem if the government thinks that a simple registry will keep people safe.

In addition to that point, which we will surely address in committee, I have another question. Bill C-26 is not designed to establish mandatory minimum penalties or mandatory maximums, it is designed to increase both the minimum and maximum penalties.

I am wondering what statistics or study the people at the justice department used to demonstrate to the minister that existing penalties, both the mandatory minimums and maximums, needed to be increased. What evidence does the minister have?

The government boasts about having changed many laws, and perhaps it deserves to be congratulated for doing so. However, is it not a failure that there has been 6% increase in the past two years even though various bills we have seen in the past year have increased sentences? For example, Bill C-10 comes to mind.

How can the minister think that the RCMP, which has a hard enough time updating criminal records, will be capable of keeping its promise regarding the new registry?

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10:05 p.m.

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, as I just explained, the intent is to see that information is being shared between agencies, such as the RCMP and the Canada Border Services Agency, and those tasked specifically with tracking convicted sex offenders and those who are released sometimes on court orders. It is to ensure that the information is being shared among officials so they are aware of the movements and potential proximity or opportunity that a convicted sex offender would have with a child, or if they are at designated locations where they are not supposed to be. This is a practical step. It is something I believe my friend would agree further empowers police in particular to monitor and, when necessary, to intervene.

As far as the necessity to do more, the member quoted the statistics back to me. The fact that we continue to see sex offences against children on the rise in and of itself is certainly the greatest motivation there could possibly be to do more and ensure that there is greater deterrence and denunciation in these types of offences. If that means longer sentences, yes. I very much embrace the idea that we keep offenders who reoffend and commit these horrible, sometimes multiple, acts of sexual offences against multiple children in jail longer. Does that deter the offender? Yes. Does it send a message that society abhors this type of offence? Yes, it does.

When I hear from police that 55% of sexual offences committed in Canada are actually committed against children, I am equally motivated to do more.

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10:10 p.m.

Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I want to pick up on that same theme.

The minister would know well that the Safe Streets and Communities Act increased sentences in several areas. In the bill before us, in no fewer than 20 sections, the sentences that were increased either by mandatory minimums or maximum sentences have been increased again.

We see an increase in the sentences from 2012, while at the same time the statistics indicate that the incidence of crime has gone up. Therefore, if the increases that were put into Bill C-10 have resulted in an increase in crime, have we not learned something?

If those increased sentences did not give the desired result of bringing crime down, why does the minister insist on adopting the exact same strategy?

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10:10 p.m.

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, it is mind-boggling to suggest that somehow these statistics are going up because sex offenders are getting longer sentences. It really does boggle the mind that the member for Charlottetown would even attempt to make that suggestion and attribute it to a bill that is designed to do a number of things.

Increasing mandatory minimum sentences and maximum sentences are but part of this legislation. I would invite the member to read the whole bill. He pointed to the number of sections. I invite him to read all of those sections to get a full understanding of the intent of the bill.

Clearly, the statistics tell part of the story. The fact that we had more sex offences in Canada cries out for tougher sanctions and more practical steps to put tools in the hands of the police and the court to help protect children. It cries out for innovative solutions that would allow us to put in place a more protective perimeter around children when it comes to their vulnerability.

This is all part of a comprehensive approach taken by the government. I mentioned some 30 justice initiatives, many of which include putting people in jail who offend against children, who sexually abuse children for longer periods of time. This is something that I feel our government is doing in the best interests of children.

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10:10 p.m.

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is my honour, as the chair of the justice committee, to ask a question of the minister, who has been an excellent Minister of Justice. He has been very available to our committee to discuss a number of issues.

Regarding Bill C-26, if I understand from the discussion and reading the bill, its main focus is to ensure that sexual offences against children receive sentences that are appropriate, that we are increasing the mandatory minimum penalties and the maximum penalties for sexual offences against children. The bill would also impose, for the first time, consecutive sentences for consecutive crimes against children. It also includes child pornography and those who commit offences against children by using child pornography as their vehicle.

Could the minister tell the House why it is important to the general public that we have sentences that match the crime, particularly against children?

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10:15 p.m.

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I thank the member for Burlington, the excellent chair of our justice committee, for his work.

He is getting at a very important point, which is the message that it sends to Canadians. It is a message of consistency, a message of concern and compassion for children and a message that reflects Canadians values. The message is that this type of offence holds a particularly grave place in the minds and hearts of Canadians and that we cannot in any way, shape, or form tolerate sexual abuse against children.

The devastating impact that this can have on the life of an individual has been well chronicled. It is a lifelong sentence for that person.

I recall, as a prosecutor, dealing directly with victims and the parents of young victims. It is soul-destroying, and the parent very often carries the guilt of somehow not having protected that child or having left them in the custody or care of somebody who, it turned out, was abusing them.

It is well chronicled, and we have heard about the impact that it has had on athletes and individuals who were abused by those who should have been entrusted to care for them. They were in positions of trust.

The aim of this bill and the approach that we are taking here is to reflect the seriousness of the offence, have it recognized by the courts, and have a period of incarceration that is appropriate.

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10:15 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, “this is about politics, not public safety”. That was Steve Sullivan, the first federal ombudsman for victims of crime, speaking on Bill C-26.

This bill would not do those things that would make children safer. It would only do those things that have been proven to be ineffective, such as maximum minimum sentences and so on. The current administration has failed to provide the funding support for Circles of Support and Accountability, a proven program that has 70% to 83% reductions in recidivism among those most likely to reoffend.

I challenge the Minister of Justice. If he cares about our children, to fund that program and stop pursuing failed policies.

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10:15 p.m.

Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, the member would know that the Department of Justice does much more than just bring forward legislation that toughens penalties. We have many programs in place that are designed specifically at the front end to prevent this type of offence and also to work with offenders and victims.

We are bringing historic legislation in the first Canadian victims bill of rights. We have a very extensive aboriginal justice program that, again, does a great deal to help deter crimes that occur far too often on reserve against aboriginal women and girls.

It does require a comprehensive approach, and that is exactly what the government is doing. Rather than just paying lip service to these offences, the government is treating them seriously and also treating the victims with respect.