Debates of June 18th, 2015

Digital Privacy Act

[The Speaker, Conservative, Andrew Scheer]

Pursuant to an order made on Wednesday, June 17, the House will now proceed to the taking of the deferred recorded division on the amendment of the member for Victoria on the motion at third reading of Bill S-4.

Call in the members.

(The House divided on the amendment, which was negatived on the following division:)

Vote #465

[The Speaker, Conservative, Andrew Scheer]

I declare the amendment defeated.

The next question is on the main motion.

(The House divided on the motion, which was agreed to on the following division:)

Vote #466

[The Speaker, Conservative, Andrew Scheer]

I declare the motion carried.

(Bill read the third time and passed)

The House resumed consideration of the motion that Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, be read the third time and passed.

Incorporation by Reference in Regulations Act

[The Speaker, Conservative, Andrew Scheer]

The House will now proceed to the taking of the deferred record division on the motion at third reading stage of Bill S-2.

(The House divided on the motion, which was agreed to on the following division:)

Vote #467

[The Speaker, Conservative, Andrew Scheer]

I declare the motion carried.

(Bill read the third time and passed)

[The Speaker, Conservative, Andrew Scheer]

Before we move on to the Thursday question, I would like to take this opportunity to sincerely thank all my dear friends and colleagues for the support you have placed in me and the trust you have given me to be your Speaker in the 41st Parliament. It has been a great honour.

It is often said that there is no such thing as a bad seat in the House of Commons, but you have allowed me to sit in what I consider the best seat in the House of Commons, and I do sincerely appreciate that.

I want to sincerely thank the former member for Victoria, Denise Savoie, for her service to this Parliament, as well as the member for Windsor—Tecumseh, the member for Haliburton—Kawartha Lakes—Brock and the member for Simcoe North for their service as well.

I hope that everyone will have a good summer. Although the debate here is sometimes heated, making my job a little more difficult, nobody can say that we have not gone through some historic moments together.

I want to wish everyone a good vacation, a good summer, good health and the best of luck.

I would also like to take this one last opportunity to invite all members to an informal reception in Room 216-N.

It being Thursday, what would a Thursday be without the hon. member for Burnaby—New Westminster's Thursday question?

Business of the House

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, before I start with my thanks, I would like to note that four months from tomorrow, Canadians will choose a new government. We can hardly wait.

I have thanks to give as well.

I really appreciate the work of the Leader of the Government in the House of Commons. He is so knowledgeable and energetic.

I would also like to thank the Liberal Party's House leader, the member for Beauséjour, who has so much experience as an MP and as the Liberal House leader.

I wish both of them a great summer, and of course I wish them luck in the election.

As my colleague from Hamilton Mountain did a few years back, I would also like to recognize all those who keep the House running. Canadians watching at home might not realize it, but there is a huge network of very talented and professional staff who work tirelessly to make this place run like clockwork.

First, there is you, Mr. Speaker, and your staff, along with the procedural experts in the offices of the clerks, the Table, the Journals Branch, the Committee Directorate staff, the Library of Parliament staff, and all our incredible pages who do a wonderful job. It is fair to say that the pages of the House of Commons rock, and they do a wonderful job.

We also saw first-hand last October the courage of our security agents, RCMP officials and the Sergeant-at-Arms. We salute them always for their bravery.

I would also like to thank everyone responsible for traffic operations, the people who drive our green buses, dispatch officers, mail room staff and messengers. I thank the cafeteria staff and the food services and catering team. I thank the maintenance staff and the tradespeople working in the parliamentary precinct, as well as those in charge of materiel management and room allocation.

There is everyone in Information Services, including telecom, ISSI, printing services, the broadcasting team, and the people who deal with human resources, finance, travel and pay and benefits.

Finally, there are the folks at Hansard, who transcribe and edit of all our words, and those who translate and interpret them from one official language to the other. Given that the NDP is a bilingual caucus, we appreciate all of the work that is done by the interpreters and translators.

The official opposition NDP wishes one and all a happy summer with lots of door knocking.

We will see each other again after the election, and we truly hope to have a new government, an NDP government.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, according to the Standing Orders, this will be the last Thursday question of the spring. Therefore, I would like to first take some time to thank the people who have been busy behind the scenes.

The parliamentary pages have been hard at work all year, making our time in this place run more smoothly. They have supported all members in the House in their daily tasks that we may take for granted, but certainly supporting us with things we need. Outside of their important role here in Parliament, the pages have had to balance a full academic schedule. This being considered, their hard work, devotion and enthusiasm during busy question periods or late night debates are especially impressive.

As many members know, my wife was a page when she was a student, and she still talks about the experience that she enjoyed during her page year. Just to illustrate what an impact a year like that can have, next week, almost three decades later, she will be delivering the toast at the wedding of another fellow page. Joining her in giving that toast will be another page, who is now the chief of staff to the leader of the Liberal Party. They will not be the only former pages from that year in attendance at this event.

I am sure this year's pages have built similar friendships and fond memories of their times here. I know they have experienced what has been a particularly eventful year, and I wish them all the best in their future endeavours. I hope this will be a tremendous foundation for very successful lives ahead.

I also cannot forget to thank the clerks of the House of Commons, who work diligently with all of those who organize the debate and proceedings in this place. Their support is crucial to keeping things running smoothly.

Of course, there are many administrative and support staff that I have not mentioned who work every day to keep the House running and support all members and Parliament as a whole.

Finally, Mr. Speaker, I would like to thank you for presiding over the House for the past four years. You have had quite a job to do, but you have shown a great deal of patience in your role. Back on the first day of this Parliament, you told the House:

It is an old maxim that one learns by doing and I have certainly learned a great deal with first-hand experience in the chair.

Some 505 sitting days later, you have proven a sound claim and then some, having cited that maxim.

Speaking of the Chair, I do want to note that your number two and number three in command, the hon. members for Windsor—Tecumseh and Haliburton—Kawartha Lakes—Brock, will both be retiring from the House. Their service to the House has been truly appreciated. I want to thank them in particular. I would also like to thank your fourth in command, though I hope to see him here again after the next election.

I also want to extend my thanks to my six counterparts during this Parliament—the honourable members for Outremont, Westmount—Ville Marie, Windsor—Tecumseh, Skeena—Bulkley Valley, Beauséjour, and Burnaby—New Westminster—for their co-operative approach some days, and for making the job a lively one on the rest.

An immense debt of gratitude goes to my colleagues on the Conservative Party's House management team. I could not ask for a better team. It has done superb work, and I appreciate the tremendous support and our superb team atmosphere.

This week I heard an interview on the radio with a country singer. He was being asked about the difficulties of touring and the difficulties of the business and all the travails he goes through. His answer was interesting. He said, “You know, when I was helping my mother move recently, I found this picture of myself as a 12-year-old with a guitar, and if that 12-year-old heard me complaining about where I am today, he'd kick my ass.” I thought it was a worthy observation. Who among us would not face a similar admonition from a younger version of ourselves?

For all its challenges and difficulties, and there are many—this is a business that does take a very thick skin from time to time—this is an amazing place to be. It is a rare opportunity to serve and to make a difference. All of us are remarkably fortunate to be able to help people—to help our constituents as individuals, but to also help shape the greatest country in the world and help to deliver change for the better.

We have had ample opportunity to do that in this Parliament. During the course of this productive, orderly, and hard-working Parliament, all hon. members have participated in a lot of lively debates, by day and sometimes by night, in this chamber. All told, the 41st Parliament has been the most productive in terms of legislation for the last two decades. About 160 bills have become or will become law after the hard and diligent work of MPs. This is 20% greater productivity than the average Parliament since the Right Honourable John George Diefenbaker became prime minister. Of course, I was actually born around the time he was prime minister.

What stands out, though, amidst this productivity is the unprecedented number of private members' bills that have become law. More private members' bills have become law during the 41st Parliament than during any of the 40 Parliaments before it. In fact, the number of private members' bills to become law during this Parliament almost surpasses the total passed during the five previous Parliaments combined. Under our Prime Minister's leadership, at least three times as many substantive private members' bills have become law than under any other prime minister in history.

There are some—the pundits and the experts—who like to say that individual members of Parliament do not count, that they do not matter. It is a sentiment that has been around a long time, since one prime minister called backbenchers “nobodies”. Frankly, that is disrespectful. It is also ignorant, because it is wrong, and the statistics in this Parliament demonstrate that fact. Individual members of Parliament have made a huge difference to the future of this country and have rewritten the laws of this country.

It is not just the business on the floor of the House that keeps members busy. The sixth report of the Liaison Committee, tabled Monday—a document that has dominated the headlines all week—actually paints a picture of the House’s committee landscape becoming increasingly one of hard-working, cost-effective, and productive groups of dedicated MPs.

The number of committee meetings is up. The number of substantive, thoughtful reports, too, is up. The number of meetings spent talking about inside politics is down—which means the amount of time focused on real issues of consequence to Canadians has, in turn, gone up.

What is more, all this committee productivity was achieved with the lowest expense in at least a dozen years, if not longer.

Now that you have indulged me that preamble, Mr. Speaker, let me say, with respect to the business of the House, we will take up Bill C-53, the life means life act, at second reading. Should additional time be available before we adjourn for the summer, we will tackle other bills on the order paper.

[Dominic LeBlanc, Liberal, Beauséjour, NB]

Mr. Speaker, first I want to join in the words of my colleague House leaders, the government House leader and the member for Burnaby—New Westminster, in expressing to you, Mr. Speaker, our thanks for your firm and fair hand in guiding our debates. I thank you for your good humour both in the chair and in a number of more private meetings where we have had the privilege to work with you. I know I can speak on behalf of my colleagues in the Liberal caucus, Mr. Speaker, in saying that it has been a pleasure to work with you in this Parliament, and we wish you and your family health and happiness over the summer months.

I would also like to say a few words to my fellow House leaders, the Leader of the Government in the House of Commons and my colleague and friend from British Columbia, the member for Burnaby—New Westminster.

Although at times we disagreed about bills and political issues, I believe that we managed to work together in a spirit of friendship. I have some extremely fond memories of my exchanges with my fellow House leaders, and I also wish them much health and happiness this summer. It is rather odd, but I want to say that I look forward to seeing them next fall.

Mr. Speaker, I also want to join my colleagues in expressing our thanks and our respect to your colleague chair occupants who have indicated that they will not be seeking re-election in the next Parliament. All of you, you and your colleagues, who occupy that important function in our Parliament have done so with honour, fairness, and good humour. I know that my colleagues in the Liberal caucus have appreciated all of our colleagues who have served in this Parliament in that important chair.

My colleagues also mentioned the procedural clerks at the table, who provide invaluable advice to all parliamentarians in a fair, non-partisan, and professional way. I think we should also have a special moment of thought for Ms. Audrey O'Brien, who has faced a difficult health challenge. We wish her health and a full recovery this summer and we hope to see her back.

The person who replaced her during this time, Mr. Bosc, the acting clerk, has also, with his colleagues, done an extraordinary job. We thank him and all of his colleagues for their work in this House.

I will not repeat the list. My colleagues have correctly noted the staff in the Library of Parliament and the people who work on standing committees. As always, they have provided a very high quality of professional, competent, and efficient advice. I know my colleagues in the Liberal caucus have appreciated every exchange and every opportunity to work with this remarkably talented group of women and men.

We would like to especially acknowledge our friends the pages. Every year they arrive in the fall, and in this Parliament we have had four groups of pages. They are remarkable young Canadians who come from all over the country. They were leaders in their secondary schools, and they were carefully chosen to serve and help us carry out our parliamentary duties.

I hope the pages have had a successful and positive academic experience in their first year of university here in Ottawa. We hope that in the coming years we will have the privilege of seeing them in other capacities on Parliament Hill. I know that at some point many of them will seek elected office and join us in Parliament as elected parliamentarians. We wish all of them success and happiness in the coming years and thank them for their important service.

Mr. Speaker, my colleagues rightly pointed out that the Parliament, House of Commons and Senate security officers, under the leadership of Mr. Vickers and now Mr. McDonell, did a remarkable job a few months ago during events that we could not have imagined. I am obviously referring to the tragic events of October 22. However, before and after these difficult events, the security staff acted professionally and with competence every single day.

They assure our security and the security of the Canadians who work here. They assure the security of the thousands of Canadians who visit Parliament as well. They also deserve our thanks and our respect.

As I mentioned earlier, the list is long. There are those who work in food services, the interpreters, the messengers, the maintenance people and the technical help.

All of these people support the work we do in Parliament in a professional and thoughtful way, and we are very grateful.

I come finally to our colleagues in this Parliament, our fellow members. The government House leader and the member for Burnaby—New Westminster were talking about the camaraderie that we develop and the privilege we have to serve Canadians in this House of Commons. We saw that with the recent vote when those colleagues who announced that they will not be returning for the upcoming election were applauded by all sides for their service as they cast what will probably be their last vote in this Parliament.

I was also reminded that in the last four years, a number of our colleagues on all sides of the House have gone through difficult health challenges. I do not think it is widely known or understood by others who do not have the privilege of working in this place that there is a bond shared by people who are fortunate enough and privileged enough to have a seat in this Parliament. When a colleague on any side of the House has faced a difficult health challenge, as a number of our colleagues have and are still, I have been touched by the compassion and generosity that so many of us showed toward those people, who really deserve our support, our affection, and our respect. It reminds us of what we share, even though we come from different political parties.

In the end, we want the same things for our country, our constituents and our ridings. These moments reminded me of the personal friendships that we have developed with our elected colleagues. I wanted to mention that.

On behalf of the Liberal caucus, we wish all of our colleagues much health and happiness during the summer months. To those who have decided not to re-offer we wish good health and continued success in their personal and professional lives. To those who are re-offering, we wish you success this summer—

[Rodger Cuzner]

On division.

[Dominic LeBlanc, Liberal, Beauséjour, NB]

Mr. Speaker, my colleague for Cape Breton—Canso says “on division”, but regardless of who comes back to this Parliament after October, we look forward to seeing one another on other occasions and being reminded of the happy four years when we had the privilege of serving in this House.

Thank you, Mr. Speaker.

[The Speaker, Conservative, Andrew Scheer]

I would sincerely like to thank the government House leader, the opposition House leader, and the member for Beauséjour for the very kind words offered to me and the rest of the Chairs and clerks.

The job of the Chair is often difficult, and I sometimes think that House leaders and whips think up new ways to make it difficult. However, we have been blessed with a very experienced team of clerks. I can tell members that when taking over the position of Speaker, I was immediately struck by their wisdom, experience, and the confidence that they gave me. In coming up with rulings and decisions, I felt very sure because of the very wise points of view and the wide experience that they all have.

I too would like to add my thanks and best wishes to Audrey O'Brien. I wish her all the best and hope to see her back. Along those lines, I thank Marc Bosc for stepping in and providing an unbroken continuity of service to the House as well as for his professionalism.

I thank all the table officers and pages and all the people around the Hill who make the House of Commons the most wonderful place to work in the world.

I want to sincerely thank all those who work in the House for us, the members, and for Canadians, in order to ensure that our House is the best workplace in the world to serve Canadians.

On a point of order, the hon. member for Parkdale—High Park.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, there have been consultations between the parties, and in the spirit of collegiality that is blossoming in this House, I hope you will find unanimous consent for the following motion: that the House note that July 6, 2015, will mark the 80th birthday of His Holiness the 14th Dalai Lama; recall the Dalai Lama's status as a Nobel Prize laureate and as one of only five honorary Canadian citizens; recognize the Dalai Lama's religious and personal leadership of the Tibetan people and Tibetan Buddhists worldwide; and acknowledge the Dalai Lama's championing of human rights and respect for all living creatures, his desire for Tibetans to live freely and peacefully and with autonomy within the People's Republic of China, and his advocacy of a middle-way approach to conflict resolution based on non-violence, compromise, and dialogue.

[The Speaker, Conservative, Andrew Scheer]

Does the hon. member have the unanimous consent of the House to propose this motion?

[Some hon. members]

Agreed.

No.

Question on the Order Paper

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I rise on a question of privilege out of respect for the integrity of Parliament, as you yourself have put it, and I want to join in the commendation to you, your staff, and the clerks for all that has been done. I join in the referencing of that by my predecessor speakers.

I am rising, I must say, somewhat hesitantly because of the lateness of the period, but I am doing so in the hope, as even the House leader mentioned, of the enhancement of the democratic process. In particular, I rise today on a question of privilege related to the government's response to a question on the order paper, Question No. 1229, which became accessible online only on Tuesday. I gave notice to the chair yesterday, and thus I am raising this matter at the earliest opportunity and regret that it is close to the end of our proceedings.

Mr. Speaker, I know that you and your predecessors have often made clear that the Chair is not empowered to adjudicate the quality or accuracy of responses to written questions. Indeed, that is not the issue I am raising, despite the fact that the government's response to Question No. 1229 all but ignored the question it purported to answer.

Indeed, the issue I raise is the violation of a Standing Order of the House, namely, Standing Order 39(1), which clearly states the following in reference to questions on the order paper:

...in putting any such question or in replying to the same no argument or opinion is to be offered, nor any facts stated, except so far as may be necessary to explain the same; and in answering any such question the matter to which the same refers shall not be debated.

This is a Standing Order to which you, Mr. Speaker, have yourself referred on previous occasions, such as on January 29, 2013, when you said, “as Speaker, I have a duty to remind the House that our written question process is intended to be free of argument and debate”, and it is in that context that I rise on this question of privilege.

This point, indeed, is emphasized in the House of Commons Procedure and Practice, second edition, which states, on page 522:

The guidelines that apply to the form and content of written questions are also applicable to the answers provided by the government. As such, no argument or opinion is to be given and only the information needed to respond to the question is to be provided in an effort to maintain the process of written questions as an exchange of information rather than an opportunity for debate.

Indeed, the only particular constraint placed by the Standing Orders on the content of responses to order paper questions is that they may not contain opinion or debate, yet the answer I received this week to Question No. 1229 was comprised almost exclusively of opinion and debate.

Hon. members rely on the written question system, and I have been pleased to be able to use it, to obtain the information we need to represent our constituents, to hold the government to account, and to engage subsequently in informed study of legislation and policy. Thus, the violation by the government of Standing Order 39(1), which has become a regrettable pattern, undermines the written question system and impedes the ability of hon. members to do our jobs.

On page 84 of O'Brien and Bosc, a list of instances found by the United Kingdom Joint Committee on Parliamentary Privilege to constitute contempt specifically includes, “acting in breach of any orders of the House”. Thus, I am asking to regard the government's response to Question No. 1229 as constitutive of contempt of Parliament.

With Question No. 1229, I sought detailed information regarding the funding of programs that facilitate the reintegration of offenders into society after they have served their sentences. The government's response, which, as I say, hardly deals with the question at all, begins, “Mr. Speaker, the government believes”. This construction necessarily leads to a statement of opinion, and the very inclusion of the government's beliefs in response to a written question contravenes the Standing Order. Therefore, the Standing Orders have been violated five words into the response.

The response goes on to make claims about the importance and efficiency of government measures, but regardless of the accuracy of those claims, they constitute debate and are thus not permitted in the context of an order paper question response.

As private members, if we include a statement of belief in the text of a written question, or if we engage in debate, we are quickly contacted by the private members' business office and instructed to amend the text and limit our inquiry to a request for factual information, which is, of course, the express purpose of the written question system.

In fact, as O'Brien and Bosc note on page 520 of House of Commons Procedure and Practice, not only are members barred from including expressions of opinion in our questions, we are prohibited from requesting the government's opinion, and the Clerk of the House “has full authority” to ensure our compliance.

It is the Speaker, however, who is vested with the authority to ensure that the government complies with the Standing Orders when responding to questions, and in fact, if the government includes its opinion in its answer, it is providing material that members are specifically prohibited from seeking, again in violation of Standing Order 39(1).

Briefly, it is important to note that this use or misuse of the written question system is not so much a personal breach on the part, in this instance, of the Minister of Public Safety and Emergency Preparedness, who provided the response to Question No. 1229 and for whom I have a great deal of respect, as it is a regrettable pattern on the part of the government in general.

For example, the government's recent response to Question No. 1093 includes the phrase, “The Government of Canada rejects the argument”, and if one is rejecting an argument, one is, by definition, engaging in debate. The response to Question No. 773 again featured the construction, “The government believes”, and the response to Question No. 721 references the government's lack of “desire” to reinstate a particular program.

While the government's desires and beliefs are undoubtedly a matter of interest to Canadians and to hon. members, they do not belong in responses to order paper questions, just as the desires and beliefs of us as private members do not belong in the written questions we pose.

As you noted in your ruling on January 29, 2013, Mr. Speaker:

it is expected under our practice that the integrity of the written question process be maintained by avoiding questions or answers that stray from the underlying principle of information exchange.

I know, and with this I close, that at this late date in the parliamentary calendar, there may not be time for a prima facie finding of contempt to be referred to committee and for such a referral to proceed according to usual practice.

However, I raise this matter, and admittedly regrettably so at this late date in Parliament, but without an option otherwise, because we only received the answers recently, out of concern for the health of our parliamentary process, out of respect for the Standing Orders of this House, and out of concern for, as you yourself have put it, “the integrity of the written question process”, which is an essential tool for us as parliamentarians.

I ask that you protect the integrity of this process by finding that the government's response to Question No. 1229 is in breach of Standing Order 39(1), and I hope that when the House returns in the fall, hon. members from all parties will work together to strengthen parliamentary processes, such as the written question system, which underpin the vitality of our democracy.

[John Duncan, Conservative, Minister of State and Chief Government Whip]

Mr. Speaker, we would like to reserve the right to respond for a very short time. As you know, right now we are torn between the royal assent procedure and process, so we will be responding today very shortly.

[The Speaker, Conservative, Andrew Scheer]

I thank the hon. member for Mount Royal for raising this issue, and of course, we all look forward to the response from the government side.

Life Means Life Act

[The Speaker, Conservative, Andrew Scheer]

I wish to inform the House that because of the deferred recorded division, government orders will be extended by 22 minutes.

[Peter MacKay, Conservative, Minister of Justice and Attorney General of Canada]

moved that Bill C-53, An Act to amend the Criminal Code and the Corrections and Conditional Release Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee.

[Bob Dechert, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, as we are approaching the end of the session, I would just like to take this opportunity to thank the people of Mississauga—Erindale for the extraordinary privilege they have given me to represent them, since 2008, in this place. I hope to earn their trust again and return here in the fall. I look forward to seeing all of my colleagues here when I do.

I rise today to speak in support of Bill C-53, the life means life act. By eliminating parole eligibility for high treason and for the most heinous murders, the criminal law amendments in this bill would ensure that the worst offenders spend their entire lives in prison.

The reforms in Bill C-53 grew out of the commitment made by our government in last fall's Speech from the Throne to amend the sentencing laws to ensure that a life sentence means a sentence for life for the most dangerous criminals.

I predict that these proposals will be welcomed by the public as another important step by our government to protect Canadians from the most violent and incorrigible offenders. I also predict that they will be strongly welcomed by the families and loved ones of murder victims, who, under the laws that now stand, run the risk of being re-traumatized every time the offenders responsible for their losses apply for parole.

In that respect, I think of Sharon Rosenfeldt, the mother of one of Clifford Olson's victims, who, along with her family, had to go to parole hearings every two years, under the old faint hope clause regime, to hear Clifford Olson tell them why he should be released. They had to relive the trauma of losing their son every two years, time and time again.

In this respect, Bill C-53 would complement other victim-oriented measures sponsored by our government, such as Bill C-32, the Victims Bill of Rights Act. A key purpose of both Bill C-53 and Bill C-32 is to prevent those who have already been victimized by criminals from being re-victimized by the criminal justice system.

As I mentioned, the reforms set out in Bill C-53 target high treason and certain forms of murder. Both offences are currently subject to a mandatory sentence of life imprisonment, with the right to apply for parole after a set period of time in custody.