Debates of Oct. 26th, 2017

Yukon Environmental and Socio-Economic Assessment Act

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I am enjoying the speech, the treatise on western civilization and diamonds around the world, but we do not have diamond mines in the Yukon at the moment. However, on a point of relevance, I would appreciate it, and Yukoners would appreciate it, if we could concentrate more on this bill that would enhance mining.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

As I often mention when relevance is brought up, I have heard some speeches that go off on what I think are tangents, but hon. members have this amazing amount of ingenuity and manage to bring it around. Therefore, I will leave it with the hon. member to continue his speech. He only has about a minute left, and I am sure he will bring it around.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, in conclusion, I think we need a system of principles that are used across the country to ensure we have stable time limits for decision-making, complete justice when it comes to decision-making, and we need to ensure that the resources of the Yukon can be developed for the benefit of all Canadians.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

It being 5:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed from October 4 consideration of the motion that Bill C-343, An Act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain Acts, be read the second time and referred to a committee.

Act Respecting the Federal Ombudsman for Victims of Criminal Acts

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Health]

Mr. Speaker, I am pleased today to rise to speak to Bill C-343, An Act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain Acts. This bill seeks to establish a new department supporting an office of the federal ombudsman for victims of criminal acts, and it would drastically expand the role, mandate, and powers of the current victims ombudsman and thereby incur associated costs. Bill C-343 also proposes to make the victims' ombudsman an agent of Parliament with unrestricted investigatory powers and, in my opinion, an overly broad mandate.

To better understand Bill C-343's proposals, it is important to review the existing mandate of the Office of the Federal Ombudsman for Victims of Crime. The current office was created in 2007 pursuant to a decision of the Prime Minister as part of his prerogative for the machinery of government. The ombudsman's mandate establishes the terms and conditions of an order in council and provides that the office do the following: to assist individual victims with regard to the provisions of the Corrections and Conditional Release Act; to promote and facilitate access to federal services and legislation available to victims of crime; to increase awareness of victims' needs and victims' issues among criminal justice personnel; to promote federal legislation for victims of crime among criminal justice personnel; to identify and review emerging and systemic issues, including those issues related to programs and services provided or administered by the Department of Justice or the Department of Public Safety.

The ombudsman is required to submit an annual report to the Minister of Justice on the activities of the office. The bill's sponsor has stated that the Department of Justice can remove anything from the ombudsman's annual report that is unfavourable to the department, before tabling it in Parliament. I must correct this statement, as it is simply untrue. Neither the Minister of Justice nor officials in her department have any authority whatsoever to alter the ombudsman's report in any way. The Minister of Justice tables the ombudsman's annual reports in Parliament, along with a government response that often responds directly to criticisms or recommendations included in that report. In addition to the annual reports, the ombudsman may also issue special reports at any time to the Minister of Justice or to the Minister of Public Safety concerning any matter within those ministers' mandates. These special reports can be made public by the office of the ombudsman 60 days after being submitted to either minister. As is the case with the annual report, the ombudsman's special reports cannot be altered by the ministers of justice or public safety or by officials from those departments.

Since the establishment of the office, the ombudsman has published nine annual reports, seven special reports, and two systemic review reports. In addition, the victims ombudsman has made numerous appearances before House and Senate parliamentary committees to provide recommendations on various bills addressing issues, such as on-line crime, increased penalties, victims' rights, firearms, elder abuse, and the amendments to the Corrections and Conditional Release Act affecting victims.

The sponsor has stated that the bill would improve the functioning of the victims ombudsman's office by making the ombudsman independent and directly accountable to Parliament. While the proposed changes would make the office a separate department, the bill curiously proposes to have the ombudsman report to Parliament through the Minister of Justice, who would table the annual report. As this is in fact exactly the same process as that currently followed, the bill appears to fail in its goal of making the ombudsman directly accountable to Parliament.

The current Office of the Federal Ombudsman for Victims of Crime is funded through the Department of Justice, but operates at arm's length from the federal departments responsible for victims' issues. This arm's-length relationship is critical to the credibility of that office. There is no evidence that the existing system for ensuring independence is failing in any respect. It allows the ombudsman to address victims' concerns by working directly with the relevant federal department and to propose options for policy and legislative reform that would benefit victims, and yet it does not involve the additional expense associated with the creation and maintenance of a separate department as proposed in Bill C-343.

The bill's sponsor has stated that there would not be any new costs associated with the proposed new ombudsman's office. We know that this is simply not accurate. New costs would be incurred on an ongoing basis to develop the internal services to support that office, such as human resources, security, communications, information management, and technology and financial services. These costs are currently borne within the Department of Justice. In addition to these costs, there would be extra costs incurred as a result of making the ombudsman an agent of Parliament. As previously noted by the hon. member for Eglinton—Lawrence, section 54 of the Constitution requires that bills that appropriate any part of the public revenue must be recommended to the House of Commons by the Governor General.

Standing Order 79(1) similarly prohibits the House from passing any bill that requires the appropriation of funds without the support of the Governor General.

The sponsor of Bill C-343 also has suggested that the ombudsman's existing mandate does not allow her to fully discharge her responsibilities. Most notably, the sponsor is concerned that the mandate does not permit the ombudsman to conduct reviews of complaints under the Canadian Victims Bill of Rights. I respectfully disagree. The existing mandate is sufficiently broad to allow the victims' ombudsman to provide a second level of review for complaints of alleged rights infringements under the Canadian Bill of Rights. Since coming into force in 2015, that act has enshrined rights for victims of crimes at the federal level.

These rights apply to victims in their interactions with the Canadian criminal justice system. One of the key objectives of the act is to foster a culture of change in the system to ensure the police, crown prosecutors, correction officials, and others provide victims with the information they need about their case, provide them with the necessary measures of protection, give them opportunities to be heard, and to facilitate their ability to seek restitution for the losses incurred as a result of the crime.

The Canadian Victims Bill of Rights also expanded the role of the federal ombudsman for victims of crime with respect to addressing victim complaints. It provides that victims who are not satisfied with the outcome of the internal complaint mechanism of a federal department may file a complaint. The website for the Canadian Victims Bill of Rights complaints mechanisms indicates clearly that the Office of the Federal Ombudsman for Victims of Crime is the second level of review for the listed federal departments and agencies. This mechanism is open and accessible to all Canadians.

The ombudsman's website currently shows that her office assists victims by providing them with information about their rights under federal law and how to request her office conduct a review of a victim's complaint about any federal department, legislation, or services related to victims of crime. The office reported that it had responded to 713 issues that were the subject of complaints in 2015-16. Victims' rights were included among the top five topics for which Canadians sought the assistance of the ombudsman's office.

In spite of the sponsor's assertions to the contrary, it appears quite clear to me that the ombudsman's current mandate allows her to provide assistance with complaints related to the Canadian Victims Bill of Rights.

I value the important role the current Office of the Federal Ombudsman for Victims of Crime plays in our criminal justice system. She is a former colleague and a close friend. In the absence of compelling evidence that the ombudsman requires any of the measures suggested by the sponsor, I am unable to support Bill C-343.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-343, an act to establish the Office of the Federal Ombudsman for Victims of Criminal Acts and to amend certain Acts.

The NDP has proudly and always has been a strong advocate for victims' rights. I therefore support the bill because it seeks to better support those victims on the road to healing. By ensuring the independence and the long-term existence of the Federal Ombudsman for Victims of Criminal Acts, the bill places a priority on the rights of the victims. No matter what government is in power, it is victims who will be recognized.

The Federal Ombudsman for Victims of Criminal Acts, an act which was created in 2007, is an institution under the auspices of the ministry of justice. The important and declared purpose of this institution is to help victims of crime and their families. Its mandate has evolved ever since, notably with the introduction of the Conservative government's Victims Bill of Rights, Bill C-32, in 2014.

At that time, we supported the victims bill of rights bill, which sought to ease the burden for the victims by granting them this set of rights, although some experts argued that it would not meet all the needs of victims. As was made clear by a significant number of witnesses during the 2014 committee study, victims had to be put first. Much remains to be done in that regard.

This is all the more important given the current legal context and the implications of the R. v. Jordan decision. Timelines on unreasonable delays for trials have been imposed, up to 18 months in the lower provincial courts and up to 30 months in superior federal courts.

In the wake of this decision, many charges related to violent crimes have been stayed. This is notable in the case of a man accused of killing his wife, a father accused of child abuse, and a sexual assault of a toddler in a daycare centre. This brings to light the abysmal lack of resources in our justice system, and its terrible consequences. It underlines the necessity of appointing more judges, of creating more courtrooms, and of providing the system with adequate resources. If not, many other charges, like those already mentioned, will be stayed due to unreasonable delays.

We must put ourselves in the victims' skin to understand how terrifying and disheartening it must be to learn that an offender escapes justice. The government must come to realize the additional emotional trauma and stress it can cause people victimized by crime, and the urgent need for those victims to have access to a legal system that allows justice to be done. The government must act accordingly. Victims must be confident that their government is there to help and support them in this difficult and often bewildering journey.

However, despite these pressing needs, the previous government and current government did not do their best to address the situation. Quite the contrary, they contributed to the deterioration of our justice system while they were in power and when they were in opposition.

Although the former Conservative government introduced strong criminal laws as well as the Victims Bill of Rights, it also slashed police budgets and undermined police resources. Moreover, the actual delays on trials are nothing new. This situation has been a reality of the system for decades. These deficiencies are the result of years and years of neglect and cuts to our judicial system.

The former Conservative government could have done something to prevent the present chaos when it was in power. Why did it not give the judicial system the resources that were needed? Why, instead, did that government cut resources drastically? I am, however, pleased that one of the members of that previous government has seen fit to at least partially redress that neglect by introducing Bill C-343.

For their part, the Liberals' justice agenda is equally insufficient. It is under the current Liberal government that charges for sexual assault and first degree murder are being stayed. What is the government doing to ensure that those accused of these crimes are brought to trial? The government has been very slow to address this situation. However, it must act now and deal with the crisis to ensure that no more charges are unfairly stayed or withdrawn. Quite simply, the government must adequately fund the justice system. This is a priority, or at least it should be.

Why the government feels it does not need to adequately resource our justice system is a mystery. Does it regard Canadians as the lumpenproletariat? Notably, it could make a real and important difference by appointing more judges and by providing sufficient resources to our courtrooms. Proper funding is essential. It is crucial if we are to have any chance of bringing hope to victims and bringing those accused of violent crimes to justice. It is the only appropriate response if we are to truly respect those who have suffered, their families, who have likewise suffered, and our communities. We need to bring them a sense of closure and a sense that the system has served them well.

In addition to providing proper resources to our justice system, everything must be done to ensure that victims are offered adequate support on the road to healing and recovery. Bill C-343 seeks to promote the better provision of help and services for crime victims. This, of course, is very much in keeping with the values of the NDP.

I am sure members are aware that since the federal ombudsman for victims of crime operates as a program under the Department of Justice, it is not necessarily independent. This is a problem. Freedom from political interference is exactly what the proponent of the bill presently before us wants to address. The intent is to strengthen the office of the ombudsman by upgrading this position from a program and making it equal to that of the correctional investigator.

For instance, the ombudsman is currently required to submit the annual reports to the Department of Justice rather than to Parliament. Therefore, no matter what is said, in the event the department does not agree with a recommendation or is concerned about a criticism from the ombudsman, it can remove it from the report. This goes against the fundamental goal of the institution. How can the ombudsman be the voice of the victims it serves if its recommendations are at risk of being removed?

To make absolutely sure that the ombudsman can effectively represent victims and their rights, the position has to be independent and accountable directly to Parliament. This is crucial to better protect the rights of victims and to prove to all victims that they matter. Therefore, I strongly recommend that Bill C-343 go to committee, where its effects can be examined and where there can be a discussion in regard to how to better strengthen the role of the ombudsman. However, this does not change the fact that the Liberal government must take immediate action to amend the current crisis.

We must always bear in mind that the road to healing after suffering a great trauma is very difficult. The experience of victims of crime can be very painful and arduous when they become caught up in the justice system. By testifying in court, and when sometimes having to challenge a ruling, they have to relive the terrible crimes they experienced. This is often complicated by added administrative barriers and difficulties, notably the problem of understanding the legal jargon and the necessity of filling out form after form. This is the reason it is critical to the healing process that the voices of those who have suffered be truly heard and that their rights be truly respected. We must ensure that their road to healing is as seamless as possible.

By passing bill C-343, we can show victims that we support them. This is something we, as parliamentarians, must take seriously. Every party must be committed to the well-being and healing of victims. Action must be taken now out of respect for those people. They need to know that their needs will always be addressed, that real and just action is possible, and finally, and most importantly, that victims will be treated fairly in Canada's justice system. I would hope that the latitude is given to the ombudsman to make that so.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I am pleased to rise in the House today in support of the hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix and her private member's Bill C-343, an act to establish the office of the federal ombudsman for victims of criminal acts and to amend certain acts.

I am confident and hopeful all parties represented in the chamber will join me in resounding support for this bill, because it would ensure the protection, information assistance, and liaison services would remain in place for victims, much as they currently are for criminals from the office of the ombudsman for federal offenders. Having an arm's-length regulator in place for the victims of crime is the right thing to do, and I will speak specifically about the services offered by the victims ombudsman in addition to laying out the case to ensure that equivalent supports and services are accessible to victims of crime, as they currently are to offenders.

The mandate of the victims ombudsman would be to ensure that victims are informed, considered, protected, and supported. The service would offer victims of crime the opportunity to learn about their individual rights under our federal laws, learn what services are available to them, and if necessary, lodge a complaint about any federal agency in its dealings with victims of crime. In addition to this, the federal ombudsman for victims of crime would ensure that policies are made to reflect victims' needs and concerns. By being in communication with victims, the ombudsman would be able to identify the areas that may be of concern to victims or that may negatively impact victims, and when appropriate to do so, the office of the ombudsman for victims of criminal acts may make recommendations to the government.

The mandate relates exclusively to matters of federal jurisdiction and enables the ombudsman to specifically promote access by victims to existing federal programs and services for victims; address complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of crimes committed by offenders under federal jurisdiction; promote awareness of the needs and concerns of victims and the applicable laws that benefit victims of crime, including to promote the principles as set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime with respect to matters of federal jurisdiction; and to identify and review emerging and systemic issues, including those related to the services by the Department of Justice or the Department of Public Safety and Emergency Preparedness that could negatively impact victims of crime.

I am proud of the Harper government's initiative to create the Office of the Federal Ombudsman for Victims of Crime as an independent resource for victims of crime. I was there in 2007 when the government launched this. I was very pleased with the support of people like Senator Boisvenu, who was not a senator at the time but was very interested and involved with victims of crime. I am sure that, regardless of what side of the aisle one sits on, all members would agree that this office has served an important role for all victims of crime.

At the present time, the ombudsman operates, as we heard, within the Department of Justice and therefore does not function as a completely autonomous body. This could prevent the ombudsman from conducting a formal investigation within the Department of Justice itself. Another example of this would be in a federal prosecution where a victim of crime felt that his or her voice was not afforded the adequate opportunity to be heard. This could ultimately undermine the confidence of victims towards the minister of justice and the Department of Justice. Other examples could be when a victim has not been invited by the Parole Board or the prison system to a hearing on the offender's release, when the federal crown and defence make a plea bargain without consulting the victim, or when a victim is refused the opportunity to make a statement before a sentence is given in court.

This illustrates the importance of the ombudsman to become a parliamentary officer answerable to the Parliament of Canada, because an ombudsman is a person with authority to conduct thorough, impartial, independent investigations and make recommendations to government organizations with respect to the difficulties and problems experienced in the case of victims.

Normally, an ombudsman will investigate in response to citizen complaints, but he or she can also investigate on his or her own initiative. In most cases, an ombudsman is appointed by Parliament and can issue reports and recommendations to government officials and ultimately to Parliament itself.

The same protections are offered to criminals through the correctional investigator as the ombudsman for federal offenders. If criminals are protected by their own autonomous ombudsman, it is only fitting and reasonable that victims of crime should be afforded the same rights. By the same token, it is only equitable to ensure that the ombudsman for victims of crime is equivalent to that of the position of the correctional investigator for offenders. This is in line with the Canadian Victims Bill of Rights mandate: information, protection, participation, and restitution for victims. Victims must be strongly and independently represented. This is a fundamental right that criminals have had since 1971.

At present, the federal ombudsman for victims of crime must table its annual report to the Department of Justice, meaning that if a recommendation and/or criticism is mentioned in the report that is not favourable to the Department of Justice, the minister could remove it. Such a possibility is not acceptable. It could have the effect of challenging the faith that victims of crime should have in our overall justice system. The ability to monitor, to make recommendations or necessary criticism is imperative.

I would like to highlight some of the more high profile submissions and the importance of this work.

The ombudsman submitted to the pre-inquiry design process in order to facilitate a national design process for the current national inquiry on missing and murdered indigenous women. The ombudsman also made recommendations for Bill C-26, which sought to make a number of changes to the Criminal Code and other legislation to address some issues related to sexual offences against children, including creating a new national public database containing information on high risk child sex offenders. The ombudsman has also made valuable contributions to the Canadian Victims Bill of Rights. I remember how important this was to my colleague, Peter MacKay, and the leadership he showed on this. These are just to name a number of them.

Ultimately, the mandate of the federal ombudsman for victims of crime is to inform, consider, protect, and support victims. It is the the obligation of parliamentarians to ensure that Canadians who are victims of crime can continue rely on their elected members of Parliament to ensure that they are adequately informed, that their needs are taken into consideration, that they are fully protected as citizens of Canada, and that they are fully supported by the federal government by the respective departments they represent. The only way to ensure that Canadians are fully and impartially represented is to put the ombudsman for victims of crime at arm's length from the Department of Justice.

I respectfully ask my colleagues in the House do the right thing by all Canadians and support the hon member from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix's bill to ensure victims are effectively and independently represented. Together, we will ensure that victims of crime in Canada will continue to be informed, considered, protected, and supported.

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Mr. Speaker, before I begin my speech, I would like to commend the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix and Senator Pierre-Hugues Boisvenu for their efforts. They worked extremely hard on this bill to stand up for victims across Canada.

Today, we are talking about the importance of Bill C-343, which seeks to amend the Canadian Victims Bill of Rights in order to make the ombudsman for victims of crime independent from the Department of Justice. This bill would also create an ombudsman's office that is independent of the department, which is very important.

It is 2017, and in the interest of fairness, it is high time that victims enjoyed all the same rights as criminals. I said “the same”, but I really think that victims should have more rights than criminals.

This bill sets party politics aside and puts the well-being of victims and their families first. To begin with, understanding the importance of the ombudsman's role is crucial. The ombudsman plays a vital role because he or she represents victims of crime when their rights are violated. Furthermore, trials and investigations can be very painful for victims and their loved ones, which can slow down the healing or grieving process. It is therefore not surprising that many families and victims decide not to proceed at some point in the process. Clearly, the ombudsman's office is an extremely important resource.

However, given that it currently falls under the Department of Justice and is not an independent office, it could be abolished at any time. In fact, it is the only ombudsman's office that is not independent of a department.

The ombudsman for federal offenders is independent, but the one for victims is not. What this basically means is that, at present, criminals have more rights than victims. Bill C-343 will give the ombudsman for victims of crime the importance that that office should have in our society.

The creation of the office of the ombudsman for victims of crime would make the ombudsman an officer of Parliament just like some of the most important players in our democratic society, such as the Auditor General and the parliamentary budget officer. Theses officers are accountable to Parliament and not to a minister governed by the leader of a political party and his or her agenda.

Thanks to this new status, the ombudsman would have the power to compel the government to be accountable for the welfare of the victims, who would be able to trust this office when they file a complaint against the government, which includes the Department of Justice. The victims will be guaranteed to be invited to the Parole Board of Canada when it deals with their case. They will be guaranteed to be consulted when the defence and the crown negotiate a plea bargain, and they will be able to make a statement before the sentence is handed down.

This bill will also ensure the continuity of the position. In other words, it cannot be abolished. The ombudsman position is currently nothing more than a program that can be abolished as quickly as the Liberals raise taxes.

Being under the Department of Justice limits what the office of the ombudsman can do. For example, when the ombudsman wants to conduct an investigation, he cannot see it through. His status simply prevents him from doing so.

In the event that a victim files a complaint against the Department of Justice, the ombudsman would have to investigate the very hand that feeds him. The confidence of victims and Canadians is crucial to the legitimacy of the judicial system.

At present, can we blame victims for losing confidence in our system when their rights are violated and they have no recourse? Can we blame them for feeling betrayed and abandoned by us, the decision-makers?

I want to point out that this bill would make the position of ombudsman equal to the position of correctional investigator, which operates at arm's length from the Department of Justice. That is another important federal agency for criminals, who enjoy more powers and rights to defend themselves than the victims of crime, who currently only have a simple program to protect themselves.

How is that fair?

Victims of crime should enjoy the fundamental right to have strong and independent representation, just as criminals have had for several years. Giving victims the opportunity to access the services of an office that would defend their interests without running the risk of a conflict of interest is a matter of equal rights and fairness between victims and criminals. In addition to expanding investigative opportunities, the office of the ombudsman could also do a better job of advocating for the rights of victims of crime under the four pillars of the Canadian Victims Bill of Rights: the right to information, the right to protection, the right to participation, and the right to restitution.

To clarify this for my colleagues in the other parties, having an ombudsman who is not independent is like having a union representative who is his own boss. That arrangement would make no sense. Because of the indispensable role the ombudsman plays, it would be perfectly appropriate to make the position independent of the department. This is not meant to discredit the ombudsman, but rather to empower the ombudsman to help more victims. The ombudsman will have the power to investigate various departments and the independence this position requires in order to properly defend and apply the Canadian Charter of Rights and Freedoms.

Victims of crime should be the focus of the justice system in Canada, not criminals. This bill is one more step in the right direction. If more of my colleagues introduced bills like the one put forward by the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, Canada's justice system would have the absolute confidence of all Canadians.

This bill is just as important as the one that was introduced by my former colleague, the Hon. Rona Ambrose. Her bill changed the way we treat victims of sexual assault by ensuring that judges have the proper training to respond to victims' unique needs. I need hardly remind members that that bill was unanimously passed by the House of Commons during the previous session. Even the Liberals recognized that victims of crime need help and recognition, not partisan games.

Imagine how much easier it would be for victims to report their assailant knowing that justice would be served. Imagine a father who lost his daughter or a mother who lost her son. They would know that the person who murdered their child would pay for what he did.

I am hearing a lot of noise coming from across the way. I think that is shameful when we are talking about such an important issue.

This bill is not partisan in any way. The well-being of victims and their loved ones must be the priority of every elected official, even those who are talking while I am giving my speech. Finally, Bill C-343 is more than just a simple bill. It is a matter of principle and respect for victims and their families. It seeks to provide them with the support they so desperately need.

In closing, I invite all members of the House to show their support for victims of crime by voting in favour of Bill C-343. I would like to thank the bill's sponsor and Senator Pierre-Hugues Boisvenu for all the work they do to support victims and their loved ones in their fight for justice.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, I am pleased to rise to speak in support of Bill C-343 introduced by the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. This is a good bill. It is a common-sense bill. It will go a long way toward strengthening the role of the victims' ombudsman so that the victims' ombudsman can better fulfill her mandate of promoting, advancing, and protecting the rights and interests of victims of crime.

Just by way of background, the victims' ombudsman was established about 10 years ago by the previous Conservative government. It was established through the government's national victims strategy.

The purpose of the national victims strategy was to give victims of crime a voice at the table. As part of that strategy, the ombudsman was established to provide an important link between victims and government. Among the responsibilities of the victims' ombudsman include assisting victims to access programs and services, promoting awareness around the needs and issues of victims, and dealing with certain complaints brought forward by victims.

Over the last 10 years, the position of the victims' ombudsman has evolved. It has changed and part of that has to do with the passage of the Canadian Victims Bill of Rights, which our previous Conservative government brought into law, which statutorily enshrines rights of victims, rights that include the right to information, promotion, protection, and restitution.

I would submit that with the passage of the Victims Bill of Rights, the role and the importance of the victims' ombudsman is all that much more important. Consistent with that, bill C-343 would do much to help strengthen the victims' ombudsman to protect and defend the interest of victims.

Bill C-343 would make the ombudsman truly independent. It is true that the ombudsman does operate on an arm's-length basis but the fact remains that the ombudsman is housed within the Department of Justice. The ombudsman reports directly to the Minister of Justice. Bill C-343 would change that by moving the victims' ombudsman out of the ministry of justice. Instead of reporting directly to the Minister of Justice, the ombudsman would report directly to Parliament.

Having the victims' ombudsman report to Parliament rather than the minister would do a lot to help the ombudsman better carry out his or her mandate. After all, policy recommendations or a report of the ombudsman might concern matters that pertain directly to the minister or the Department of Justice. Moving the ombudsman out of the minister's office and out of the department to have it independently housed, to have the ombudsman completely independent, makes sense from that standpoint.

Additionally, Bill C-343 would make the victims' ombudsman permanent. Right now, the victims' ombudsman is a program of the Department of Justice and as a result, the ombudsman could be cancelled at any time by the government.

Bill C-343 would change that by statutorily establishing a victims ombudsman. I believe it would complement the first part of the bill, as it would make the ombudsman independent and help to ensure that he or she could carry out their work without interference, or the perception of interference, not to mention the possibility that the government in an instant could shut the ombudsman down simply because it perhaps did not like a report or recommendation by the ombudsman.

In addition to making the ombudsman independent and permanent, Bill C-343 would give the ombudsman some additional tools, including investigative powers. That is consistent and important in light of the passage of the Victims' Bill of Rights and would help the ombudsman ensure that the rights of victims, including those that are statutorily enshrined, are respected.

In short, Bill C-343 is a good bill. I know there have been some issues brought forward by the Liberals. However, I would submit that the concept of independence and permanence make sense. At the very least, the bill merits going to committee for further study and review.

The establishment of the victims ombudsman was due, in part, to the recognition by the previous government, unlike the Liberal government, that our criminal justice system has often placed criminals and their rights ahead of the rights of victims. For too long, victims have been ignored and not given a voice.

The Conservative government not only created the position of the ombudsman, but took many meaningful steps to give victims a voice in Canada's criminal justice system to ensure that their interests were addressed and that there was a place for them to go. While there was a tremendous amount of work done with many successes over nine and a half years, there remains a lot of work to be done to give victims a voice and to restore the place of the victim in Canada's criminal justice system.

I believe that Bill C-343 is a step in that direction. On that basis, I urge the House to pass Bill C-343 so it can go to committee for further study and review.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

The hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix for her right of reply.

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, I want to thank Senator Pierre-Hugues Boisvenu as well as my assistants, because without them, I never would have been able to introduce my bill, one that I think is so important. I also want to thank my colleagues who support Bill C-343.

As I recall, the position of federal ombudsman for victims of crime was created in 2007. It was demanded by victims of crime for victims of crime. Since 2007, under the previous Conservative government, the rights of victims of crime have evolved considerably, but a lot of work remains to be done. For two years now, we have been waiting for this government to take up the torch on helping victims. To support the government's future efforts, I am proud to have introduced my first private member's bill, Bill C-343.

[Some hon. members]

Oh, oh!

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

I would like to be able to speak without being interrupted by the members opposite, Mr. Speaker. If they are not interested, I would ask them to leave the chamber.

We all know that it is unusual and unacceptable that the rights of victims of crime in Canada are still not systematically recognized, or recognized nearly to the same degree as the rights of criminals.

Victims of crime were very important to former Prime Minister Harper and nearly a decade ago he worked very hard to assert their rights. Recognizing victims' rights has become synonymous with wanting to give victims of crime a voice and rights that are on par with the rights of criminals. In the course of trying to gain this recognition, a number of things have been considered, including the creation of a federal ombudsman for victims of crime, a sort of counterpart to the federal ombudsman for criminals.

From day one, the ombudsman for victims has always reported to the Department of Justice. He is therefore not independent, unlike the ombudsman for criminals. He is tied to a Department of Justice program that can be abolished at any time. The powers of the ombudsman for victims of crime are limited, unlike those of the ombudsman for criminals, including the power to investigate when complaints are lodged by victims, especially complaints against the Department of Justice, to which the ombudsman reports directly.

The National Office for Victims, which is part of the public safety portfolio, the Correctional Service of Canada, the Parole Board of Canada, and the Public Prosecution Service of Canada review victims' complaints and work with them in order to formulate recommendations on how to remedy any infringement or denial of their rights.

If a victim of crime disagrees with a response received from the Department of Justice, he or she can go to the ombudsman for victims of crime. However, since the ombudsman is not independent from the department it is supposed to criticize and monitor, its powers are more limited. It could end up in a conflict of interest, to the detriment of the victims themselves.

The ombudsman could suggest an apology to the victim or a new review of the victim's request, but it would be a highly delicate matter to contradict a decision made by the department under which it operates and side with a dissatisfied victim demanding a new review of their complaint.

The main goal of Bill C-343 is to make the position of ombudsman for victims of crime equal to the position of correctional investigator, which is independent of the Department of Justice and can operate freely, unlike the ombudsman for victims of crime.

If the ombudsman makes a recommendation or criticism that is unfavourable to the Department of Justice, the department can remove it from the report at any time and thereby directly circumvent one of the chief purposes of the ombudsman for victims of crime, which is to be a voice for the victims and represent their rights and interests.

Victims of crime are asking for a voice and for fair and equitable representation before the Department of Justice. This is indispensable especially since the Canadian Victims Bill of Rights was passed because it expands the responsibilities of the ombudsman, who is the guardian of victims' fundamental rights. I sincerely hope that everyone in the House will be strong and stand up to protect victims of crime.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

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

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

In my opinion, the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, November 1, 2017, immediately before the time provided for private members' business.

A motion to adjourn the House under Standing Order 38 deemed to have been moved.

Parks Canada

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, in the mid-1970s when I was an RCMP officer, I was stationed in Fort St. James and saw the outbreak of the pine beetle in one of the provincial parks in British Columbia. I remember that some of the people I knew said to forestry personnel that we should burn that portion of the park to try to destroy the pine beetle before it spread.

Because it was a park, that was not allowed and over the 35 years that I lived and worked in British Columbia, I watched the pine beetle spread right across that province, destroying close to 16 million hectares of B.C. forests. The pine beetle is an epidemic. I then watched this summer as B.C. burnt up because of the dead forests caused by the pine beetle. It was sad to see a place where I spent so many years of my life and worked from one corner to the other burn up.

Now, over the last three years since I was in government, I have watched the pine beetle move from British Columbia into Jasper National Park. I was very concerned when I heard they were in the park, and I watched them defile Mount Robson. Within a year they slowly moved toward the town site of Jasper. Within the next year I saw them move past the town site toward the eastern entrance of the park. I have brought this to the attention of a number of different officials within the current government, and when we were in government.

Jasper Park has turned brown from one end to the other. The trees are dead or dying. The people who work in Jasper Park, lodge owners, and townspeople fear for the safety of their community because of the dead pine trees all around the town of Jasper. There are roads that are maybe 25 feet wide with high and dead pine trees near some of the lodges. If a fire started, people would not be able to get out of there.

For two years I have called on the Minister of Environment and Climate Change to develop an action plan to stop the spread of pine beetles in the park. We are still waiting for a response.

We saw in the last couple of years the pine beetle moving from Jasper Park into the forest sector of Alberta's foothills, and it is spreading. We have been keeping them under control. The forestry companies and the Province of Alberta's forestry department have been working feverishly, culling the trees infested by the pine beetle. However, the pine beetles are rampant. We treated about 40,000 trees last year and this year there are over 540,000 trees with pine beetles, and they are spreading rapidly.

Last Friday, I brought this issue up for the fourth time in two years in question period. That does not include the other times I have brought it up in debates both here and while I was a member of the environment committee. I have also written letters to the Minister of Environment. In May 2016, the parliamentary secretary said he would be willing to sit down with me to discuss this issue. That has never happened.

In June this year, the minister said in the House that she looked forward to discussing it further, but I have continued to repeatedly bring up the pine beetle issue because there has been no talk and no action. Our environment is at stake and tens of thousands of jobs are at risk.

[Kim Rudd, Liberal, Parliamentary Secretary to the Minister of Natural Resources]

Mr. Speaker, I want to thank the hon. member for Yellowhead for bringing this very serious situation back to the floor of the House of Commons tonight.

What he has just described is indeed troubling and a powerful reminder of the terrible damage insect species can inflict on Canada's forest, and in turn the companies, employees, and communities that depend on the forest sector. That includes the more than 16,000 Albertans who work in the province's forest industry.

The reality is that Canada, with its extensive forests, is particularly vulnerable to pests, such as the pine beetle, and the risks have only intensified with climate change, allowing them to spread further and wider, ravaging everything in their path. We are acutely aware that the pine beetle is posing a serious threat to Alberta's pine forests, as well as Canada's boreal forest.

The good news, if there is any good news in this, is that the Canadian Forest Service, which employs Canada's largest team of scientists to counter this menace, is on the ground in the member riding to do everything possible to deal with the situation.

The CFS is a recognized centre of excellence on pests and invests $20 million annually to develop scientific solutions that help forest managers and communities respond to damaging pests by slowing their spread, mitigating their impact, and reducing the risk of infestation in areas not yet affected.

For the mountain pine beetle specifically, this science has helped assess the economic and environmental risks, particularly under a changing climate, and developed adaptive options for affected communities and industries. Its work has also assisted in maximizing value from beetle-killed timber, as well as developing new technologies and products.

As well, the CFS is convening the national response in close collaboration with its provincial counterparts, and working with its Parks Canada colleagues to monitor both beetle expansion and other forest-health related risks in the national Rocky Mountain Parks.

Finally, forest companies are doing their part, too, reaching out to the Canadian Forest Service with greater frequency to better understand the risks that insect species represent to their operations and investments. Yellowhead is a good example where industry, provincial government agencies, Parks Canada, and the Canadian Forest Service are working under the strategic direction council.

This means developing and implementing co-operative management strategies informed by science to mitigate the infestation and spread of mountain pine beetle at the regional level. That is just one example of the collaboration taking place.

Together, we are doing everything we can to protect the economic value of the provincial forest and achieving the ecological integrity objectives of national and provincial parks, and protected areas.

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, companies like Weyerhauser, Millar Western, and West Fraser, which are lumber companies in my riding, spent millions of dollars trying to combat the pine beetle as it slowly crept in from the park.

We tried to work with the park for the last two years. We have had meetings. I have held meetings and round table discussions. We had park officials, CFS officials, as well as representatives of Alberta forestry attend. Parks Canada continually told us it was going to try to cull the trees and do some burns within Jasper National Park. I was just there a few weeks ago and nothing had been done yet.

We need help. The province of Alberta cannot do this on its own. We cannot be on the ground, doing science. Now is the time to combat the influx of the bugs. We have to get rid of them, either by burning or cutting the trees. The province of Alberta does not have the money. The forest companies are strapped, financially—