Mr. Speaker, as always, it is an honour to rise in this chamber and engage in debate on substantial issues.
Before I begin my speech today on Bill C-63, I would like to briefly share a comment with all members. Some time ago, a now-retired provincial cabinet minister shared a comment with me. After a 16-year career in a provincial legislature, his advice was simple. He said that, whenever a government attempts to resolve a problem through legislation, it must be careful to avoid inadvertently creating a series of new problems in the process. That sounds so very simple, and I believe all governments, including the current one, are certainly well intended. People put their names forward to serve and to try to help build a better, stronger, and more prosperous society. However, as my former and now-retired provincial cabinet minister friend pointed out, it is not always that easy. I suspect that, over the past few months, few members on the government's bench would disagree with this sentiment.
I share the advice of my friend because within one of these sections contained within the bill is precisely such a measure that is likely well intended but would certainly cause harm. The specific measure I am talking about is a new provision proposed to eliminate the use of billed-basis accounting by designated professionals. I will credit the Liberal government for resisting the temptation to call this one “billing fairness for lawyers and accountants” because, much like the attack on small business, this particular measure would create some serious problems.
Allow me to explain. At the moment, we know that in professions such as accounting and in law firms, until they actually get paid for their billable hours they do not have any income. This concept does not take much for anyone in this chamber to understand. However, if this measure were to go through, for example, it would mean that once a lawyer has billed his or her billable hours, those hours are considered income for tax purposes. To be clear, this even means that, although the said lawyers have yet to be paid for those hours, they would be taxed on them.
On the surface, it may not seem like a big deal. At the finance committee, we heard from officials. They said that, after this measure is implemented fully, it is about $500,000 to the treasury, which is not a big sum for this place. However, like most things, we need to look away from the Bay Street law firms. I mean no offence to them in saying that, but in rural parts of the country, in fact in many small to mid-size communities, law firms are not so large. I suspect many in this place know full well that the reality is that not many even middle-class Canadians can afford a lawyer anymore, let alone those who are most vulnerable, without legal assistance. On the same note, I suspect members would not meet a provincial bar representative anywhere who would not share with them what a crisis legal-aid funding is going through throughout this great country. We all know that the vast majority of our provincial treasuries are running deficits and few, if any, are putting more money into things like legal aid. As I mentioned, even for the upper middle class income earners, still the cost of legal representation is exorbitant.
It is easy to blame lawyers for this, but as some in this place will know full well, running a law firm carries a huge amount of overhead: bills, expenses, staff, making draws. These things need to happen weekly. In some cases, it can take years before they see a resolution. I mention these things of course because the proposed measure in this bill would ultimately increase the costs that lawyers would have to carry. In other words, it would increase the overhead. In the big firms, this may or may not be a big deal. However, in smaller firms and in particular in those rural areas, these added costs could well be crippling, and they would make the availability of legal representation that much more difficult for middle-class Canadians let alone those scraping by.
These are the very same middle-class Canadians that have become a favourite talking point of the Prime Minister and his finance minister, but what is more frustrating about this is that there is really no public benefit here. Ultimately once a lawyer bills those hours and finally gets paid, the tax revenue is coming to Ottawa anyway, unless of course, someone is one of those wealthy friends of the Prime Minister who banks in the Bahamas.
For the most rank and file Canadians and their attorneys, this tax money would make its way here to Ottawa, but that is not good enough for the government. The Liberals do not want to wait for that money. They want the cash upfront, now. I do not know about everyone else, but I think an estimated half a million dollars inevitably pushes smaller firms to take less marginal cases; for example, a grandmother who has been hit, not offered proper compensation from my own province, ICBC, which is a provincially regulated monopoly, will not be able to find that same representation in the rural areas because people will say they are sorry, they would like to take her case, but the rules are here and they cannot subsidize her case on the backs of the other ones. Unless she pays a full retainer upfront, they will not be able to take her case let alone help her.
Again, I am hoping that government members hear this and start to ask a few more questions. The government members will say they have consulted with the provincial bar associations and they are fine with this. They said they would it put in place over five years, so every year it would go up 20%, but that does not negate the harm this would be doing to those seeking representation in those marginal rural areas. Sometimes a consultation is asking to hear what people say and then making a response. In this case, the government said it did a consultation but it is going to go ahead regardless of what people say. What kind of a consultation is that?
Is it really so unreasonable that the government should wait for people's income until they have actually been paid for a service that has been performed? I would suspect many people in this chamber would say that expectation is not unreasonable, and I am hoping that members across the way agree.
I'll now turn to taxing employee benefits, denying disability status for type 1 diabetes, and something I raised in this place earlier: the case of a mother whose Canada child benefit has been withheld simply because she has an unco-operative spouse. These are people who need those supports, and the government, whether through laws like this or whether through finding them ineligible by technical grounds on the administrative side, is harming the material life of these vulnerable people.
In my view, this agency is overreaching at the behest of the government, and there will be consequences for that. I do not simply mean political consequences. I mean that, for those who need legal advice, it might become that much harder to reach. Also, here in Ottawa we could have that money a little sooner.
Meanwhile, if people can afford lawyers, they might be paying them to sit in court only to find out that there is no judge because the government is well behind in judicial appointments. I raised that directly with the Minister of Justice, that we saw for the first time in 35 years a section of the family chambers court in Vancouver closed because there were no judges. That is a shame, and frankly, for a party that has always been so revered by so many in the legal profession, I am surprised that it is only the opposition members who are standing up for the profession in this case.
Before I close, I will say that at times the government has surprised me by changing directions. That would be only a very small change in direction, but if the Liberals were to make this change and remove this section, it could hugely help out those facing legal challenges and help the legal profession in general throughout rural Canada. For that matter, I am hopeful that the members opposite will give my comments some consideration and look to see this provision removed.
On that same note, I would like to thank the members in this place, particularly the government, for listening. I appreciate everyone's time today.