House of Commons Hansard #13 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was chair.

Topics

Second ReadingCriminal Code and Canada Labour CodeGovernment Orders

6:50 p.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, my question is about urgency and being in a pandemic. The member mentioned that this needs to happen very quickly because we are in a pandemic, so he will not be surprised when I ask him why he feels it has taken the government 18 months to move forward with these 10 days of sick leave. The government has known since the very beginning, of course, that the New Democratic Party would be very supportive of allowing these 10 days. We have been calling for that, really, since the beginning of the pandemic.

If this is urgent, why are we in a situation where we have to push the bill through quickly right now? If the government wanted to bring this forward sooner, and could have, why did it not?

Second ReadingCriminal Code and Canada Labour CodeGovernment Orders

6:50 p.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Madam Speaker, unfortunately, I was not here in the last Parliament and could not weigh in on the urgency of this based on the personal experience I was seeing with my family, as my wife is a health care practitioner, a physician, and the pressures it was putting on my community. That is why I am so delighted, now that I am back in the House of Commons representing my community, that our government has acted so quickly. This is a priority piece of legislation within the first hundred days, and we are acting on it. We are moving quickly. That is the kind of response I want to see when I am fighting for the needs of my community.

Message from the SenateGovernment Orders

6:50 p.m.

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I have the honour to inform the House that messages have been received from the Senate informing this House that the Senate has passed the following bills, to which the concurrence of the House is desired: S-202, An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate); and Bill S-206, An Act to amend the Criminal Code (disclosure of information by jurors).

The House resumed consideration of the motion that Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

6:55 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I am pleased to rise today to speak to Bill C‑3.

I must admit that this bill is a little strange because it deals with two completely different topics. It would amend the Canada Labour Code and would also amend the Criminal Code. The bill's scope goes in two completely different directions.

First, the bill would amend the Criminal Code to increase penalties on people who intimidate health care workers or patients or who obstruct access to a hospital or clinic in order to impede people from obtaining health services, such as vaccination. It is hard to argue against virtue, so it is relatively easy to support this part of the bill.

Second, the bill would force federally regulated employers to grant up to 10 days of paid sick leave to their employees. As I just said, it is hard to argue against virtue, so we will support this bill.

I would like to raise an important point about the part involving protests outside health care facilities. We are being told the bill is not intended to infringe on the right to peaceful protest and is therefore not intended to affect workers' rights, but that is not made perfectly clear in the wording.

This will require clarification. As usual, the Bloc Québécois will be thorough in asking questions, checking the facts, seeking confirmation and possibly proposing any amendments needed to protect this basic right.

The Bloc Québécois always stands up for workers' rights. Of course, we defend collective rights, but defending workers' rights is one of our core values. It is of the utmost importance to us.

In Quebec, workers' rights during a dispute are particularly well protected compared to the rest of Canada. Think, for example, of the anti-scab legislation in effect in Quebec. It is important that close attention be paid to this part of the legislation.

Furthermore, paid sick leave is a step forward for federally regulated Quebec workers, even though there are not that many of them. It is a step forward for them.

As history has shown, progress for one group of workers is always progress for all workers. A rising tide lifts all boats, and measures like this create momentum, which is always positive even if it is just for a small group of people. The Bloc Québécois will definitely support this measure.

I want to comment on the prohibition of protests. The bill would give prosecutors added powers to charge people who impede others in the performance of health care duties and interfere with access to a clinic or hospital.

Under the present circumstances, because of the election campaign and anti-vax protests, people have been thinking about access to health care facilities a lot. It is these events, in large part, that led to the creation of this bill.

Over the years, we have also seen protests by people preventing access to abortion clinics. Recognizing that every woman has the right to do what she wants with her own body and that nobody can interfere with that is one of our core values. In that respect, this measure is good because it goes some way toward ensuring that people will not be hassled while accessing health care.

This part of the law is important because it distinguishes between “freedom of expression” and “aggression”. Unfortunately, in our society, some individuals or groups often confuse the two concepts. Some think that because they have the right to express themselves, they have the right to prevent others from doing something. This is not at all the case, and such behaviour should never be tolerated. This is a fundamental and very important point.

As parliamentarians, we have a duty to protect people from all forms of aggression. This is what we started to do in the last Parliament before the unnecessary election that everyone knows about. We were working on Bill C‑205, which concerned the agricultural sector and would have prevented vegan activists from trespassing on livestock farms and other farms.

Assaulting someone or coming onto their property to express a political opinion or a point of view is unacceptable. This is a democratic country, and democracy is expressed in a peaceful and respectful way. There are public spaces for demonstrating. Once people start to be bullied, it becomes very important to intervene.

This also deals with intimidation, and that is important. When people head out to a certain place and find a threatening group there, they may turn back. The example of vaccine-hesitant folks comes to mind. This is not a judgment of someone's opinion. I am not saying that one group is more right than another. However, in order for us to get out of this miserable crisis, our duty as parliamentarians is to encourage people to get vaccinated. That means that any demonstration that might interfere with that goal obviously must be prevented without stopping people from expressing themselves. Once again, “expression” does not mean “aggression”. This is a very important point.

In my former life as a high school teacher, I fought against bullying and intimidation for many years. It was a fundamental issue that was very important to me. I will continue that fight as a parliamentarian, because our civil society must not accept that kind of behaviour.

Bill C‑3 is quite severe, providing for prison sentences of up to 10 years, depending on how the offender is charged. They could get 10 years or two years less a day. This could be a good way to make people think twice about assaulting others.

As for the rest, the bill also contains other clauses, such as release orders for people charged under the amended law, potentially with conditions. That is fairly standard.

However, I would like to highlight one very important point for my colleagues. Under Bill C‑3, any criminal offence committed against a health professional in the performance of their duties would now be considered an aggravating factor. I think this is a great approach, because it confirms the almost sacred nature of health care work. It also protects access to care for the general public, which I think is a very good sign.

The last part deals with paid sick leave, and it is positive, as I said earlier. However, the majority of federally regulated private sector workers already have access to 10 or more days of sick leave. We are talking about roughly 63% of those workers. Getting that number up to 100%, or in other words, giving everyone access to those sick days is great, but there is one aspect of Bill C-3 that could prove to be problematic, and it needs to be addressed. I am referring to the fact that the employer can require a medical certificate within 15 days of the employee's return to work. I wonder about that.

Consider the example of someone who has been sick for two days and returns to work, then after another five or six days is asked by their employer to provide a medical certificate. I think it would be hard to prove one's illness by that point. The right questions need to be asked, and I am counting on my esteemed colleague, who is the critic on this issue, to dig into the matter, but I think it is important to clarify that aspect.

As I have been saying from the start, we cannot be against this bill, despite the fact that it changes very little. It feels like the Liberals are trying to prove that they are with the times and following the trends. We are being asked to vote on this bill after we were forced to urgently vote on a time allocation motion. As a colleague from our party said earlier, however, this was brought up a long time ago.

Why was this not done at the beginning of the crisis when many people may have needed it?

Why wait 62 days to recall members to work and then shove bills down their throat?

Many areas need our swift action, such as the cuts to the guaranteed income supplement for seniors, which is a major injustice. When will we see some movement on that? I am being told that Bill C‑3 is urgent, that it needs to happen by tomorrow morning, but we sounded the alarm about the cuts to the GIS before the election campaign.

Does the government not want to introduce a bill to address that situation? It is a matter of social justice. Yesterday, we discussed Afghanistan; it is the same thing.

Criminal CodeGovernment Orders

7:05 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, one of the things we recognize is that Canadians afforded the House of Commons a minority government. This means that the government does work, has worked and will continue to work with opposition parties as best as it can to speed up legislation, as legislation does require the support of another party to pass. In the past, we have been sometimes supported by New Democrats, and sometimes by members of the Bloc. We have even had support from the Conservatives.

The majority of members of Parliament are saying we should proceed quickly on a piece of legislation for whatever reasons, just as, I trust, the Bloc will identify an important piece of legislation. Based on that, would the member not agree that this says a lot about the urgency to get this bill through for our health care workers and for workers because it is in the best interests of both?

Criminal CodeGovernment Orders

7:05 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I thank my colleague for his question and openness. That is exactly why we are here.

My colleague noted that Canadians re-elected a minority government. I would point out to him that combining the Liberal and Bloc members results in a majority. The Bloc Québécois proposes initiatives every day in the House because we are an intelligent and constructive opposition.

I talked about the guaranteed income supplement. We also made suggestions about Afghanistan, and the motion was adopted this afternoon. I hope that we will be able to move quickly to bring people over and to provide humanitarian aid to that country. Furthermore, for two years, we have been making proposals with respect to temporary foreign workers. We have been promised that reforms are in the works. These reforms must be implemented, and we will be there to support them.

There is much work to be done, and the Bloc Québécois is here for the people, but always with the same principle in mind: It has to be good for Quebec.

Criminal CodeGovernment Orders

7:05 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I would like to come back to something my colleague mentioned in his speech. I have already had the opportunity to ask questions about Bill C-3. Obviously, nobody can be against sick days and apple pie.

My colleague gave two examples related to the right to protest that are of particular interest to me. The first example, specifically protests in front of abortion clinics, is of particular interest to me as the critic for status of women. Indeed, those protesters can sometimes do more harm than good, since the women who need to attend those clinics are often going through an already difficult and intensely private experience.

My hon. colleague also drew a parallel with a previous bill, Bill C-205. As a member representing a rural riding, I have heard a lot about the harm protesters have caused to animals.

Can my colleague talk about the need to balance the right to protest with the fact that these protests sometimes do far more harm than good?

Criminal CodeGovernment Orders

7:05 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I thank my esteemed colleague and favourite seatmate for her fundamental question. I thank her for giving me the opportunity to emphasize this point.

Just last week, I had discussions with people who were at a crossroads. Take the vaccine, for example. Imagine someone is afraid to get vaccinated, but then thinks about it and finally decides to go ahead. If that person arrives at the health care facility and protesters are blocking their way, that person might turn right around.

The same thing might happen to a young woman who has been sexually assaulted or who has been fretting for days about an unplanned, unwanted pregnancy. She too might turn back.

Access to health care must be respected, because it is essential. Our job is to protect these people.

Criminal CodeGovernment Orders

7:10 p.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, during the pandemic, I have been absolutely appalled at the level of harassment I have seen toward health care workers, who are trying to do their part to fight the pandemic. Does my hon. colleague agree that it is absolutely critical for health care providers to be provided with immediate protection?

Criminal CodeGovernment Orders

7:10 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I thank my colleague for her question.

I agree, it is absolutely critical. I will take this opportunity to come back to the urgent need to pass this bill. Earlier today, debate was shut down on the pretext that it was urgent to pass the bill. However, someone pointed out earlier that the 10 days of paid leave were proposed a long time ago.

The COVID‑19 crisis began a long time ago, so why did the government not act sooner?

I would like to remind the House that Quebec did not wait for Canada to act. In Quebec, we have already passed legislation and introduced very severe fines. Quebec is often ahead of the game when it comes to legislation. Rather than judging it—

Criminal CodeGovernment Orders

7:10 p.m.

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Order. Resuming debate.

The hon. member for Kenora.

Criminal CodeGovernment Orders

7:10 p.m.

Conservative

Eric Melillo Conservative Kenora, ON

Madam Speaker, it is a pleasure to join the debate on Bill C-3. Although this is not my first opportunity to rise in the 44th Parliament to give a speech, this is my first opportunity, not just in this Parliament, but since I was elected in 2019, to deliver a speech with my fiancée, Danaka, watching live.

I wanted to acknowledge that and acknowledge Danaka for her continued love and support, especially through the turbulent times of election season. I have to say that going through two elections in two years is more than enough for an MP, but it is also important that we recognize the impact it has on our loved ones, so I thank Danaka for her continued support.

There are two very important aspects of the bill. It really is two bills in one, with amendments to the Criminal Code and to the Labour Code. It is very important that we talk about both of these things separately, considering how different they are. I will, time permitting, have the opportunity to touch on both of those aspects, but I also want to acknowledge the tremendous work of our shadow ministers on this file. The member for Fundy Royal has done a great job representing our position and working with our colleagues to move forward on this. As well, the member for Parry Sound—Muskoka on the labour side ensured that our party was well represented.

When it comes to the Criminal Code, of course Bill C-3 would make it an offence to intimidate health care providers or impede individuals from obtaining health services, and this is something I do not think anyone in this chamber would take issue with. I think we would all support that and the idea behind that.

We know health care workers face incredible hardships at the best of times, especially in northwestern Ontario, where they have limited staff, limited resources and policies that do not adequately account for our unique needs in rural and remote northern Ontario. These are challenges I have heard of first-hand from constituents across the riding.

Of course, this has all been exacerbated by COVID-19 and the pandemic we are continuing to fight through. Hopefully we are at the tail end of. We have seen more clearly than ever before how important our frontline workers are. They are our doctors, our nurses and those who went to work every day, risking their own safety, to ensure that all Canadians would remain safe and have the service they need. That is why so many people in the Kenora riding, across northern Ontario and across this great country were outraged by the news when they saw these protests and the harassment of health care workers throughout the course of the pandemic.

I wish I could sit here and name everybody, but there are a couple of health care workers in particular I would like to make note of, one of whom is Dr. Sean Moore at the Lake of the Woods District Hospital in Kenora. Dr. Moore has been a champion for our region throughout the course of the pandemic. He helped organize and arrange all of the COVID protocols and the COVID response at the Lake of the Woods District Hospital. With many concerns around the availability of beds and shortages of PPE, he remained steadfast in his commitment to ensuring everyone had the support they needed.

He continued to also keep me up to date on what was happening on the ground and offered advice to me to pass on to the government and my colleagues on how to best move forward through the pandemic. I would say as well that his consistent public advocacy for best practices in ways to keep ourselves and our loved ones safe has just been incredibly beneficial for everyone across our region, which is something he continues to do.

I want to make a quick mention of a health care provider who is very important to me, my mother Charlene. My mother is a nurse at the Lake of the Woods District Hospital and I know first-hand from her the challenges during the best of times at the hospital in delivering health care services in the Kenora riding. Having to deal with the additional protocols and challenges that COVID-19 brought on was difficult for her and her colleagues. Not once did any of the health care workers in my riding, or across the country, hesitate. They were always there to continue to serve and work for everyone's safety. I am happy to share that today.

There is another side to this. It is not just the health care providers. It is not just the doctors and nurses. It has also been a very difficult time to be a patient. I know many people who have had to bring their children to a hospital and only parent has been able to be with them or their loved ones. It has been incredibly difficult for families to deal with challenges to their health given the COVID restrictions.

I know the thought of any of these individuals being harassed or targeted in a protest that could be happening outside of a hospital would not sit well with anybody in the chamber. We need to look at that important aspect of the legislation as well.

As I said, apart from the Criminal Code side, there is also the labour side of the bill, which is very important as well, with the proposed 10-day medical leave in federally regulated sectors. Frankly, many companies are already going above and beyond that, as many members of the House have noted.

I believe the Minister of Labour has noted that the change he believes the bill would make would be minimal. It is important to note that, in many ways, this could be seen symbolically, but it is an important floor to work toward. However, we cannot take away from the great work that so many companies are undertaking already.

Although it is viewed as a minimal change, I do not think we should accept that without proper scrutiny. We all know there are huge labour shortages across the country. We see that in my riding at the Lake of the Woods Brewing Company, for example. It has not been able to stay open all days of the week. Many restaurants have been forced to close or are only open for short periods because they cannot find staff.

When we are talking about changes to the Labour Code, it is also very important that we have a wholesome examination of it, so we can understand all the potential impacts the legislation could have. That is why I want to see the bill get to committee. I want to see both sections of it get to appropriate committees, because they are quite different, the Criminal Code side versus the Labour Code side.

I hope we will see that from the government, that these sections will be examined separately and thoroughly. That is part of the concern I have with the time allocation motion. We have two very important sections in the legislation that need to be discussed and examined, and the government has unfortunately decided that it would rather not have those discussions.

I look forward to any question or comments my colleagues may have, but I appreciate the opportunity to share some thoughts on Bill C-3 this evening. I want to reiterate that there are two very important sections to the legislation. We need to examine them. Let us get them to committee.

Criminal CodeGovernment Orders

7:20 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, the feedback I have received on the legislation has been very encouraging, such as health care stakeholders recognizing that Ottawa parliamentarians see and understand what they have had to go through with the protests. During the debate, I found out that the Province of British Columbia was also bringing forward paid sick leave. I believe it is for five days. The federal legislation covers a much smaller percentage of the workforce.

Would the member agree that by the national government providing action on sick leave, we could see provincial jurisdictions following suit and, to that end, workers across Canada would benefit? Could he just provide his thoughts on the leadership role that Ottawa can play on progressive legislation such as this?

Criminal CodeGovernment Orders

7:20 p.m.

Conservative

Eric Melillo Conservative Kenora, ON

Mr. Speaker, we all appreciate the thoughtfulness and willingness of the member for Winnipeg North to engage so often in this chamber and share his thoughts on a number of topics. He definitely has a great respect for this institution.

That is a good question, but it is a bit hypothetical. I suppose the quick answer would be yes. It definitely could be something that the provinces could look to and be encouraged by it. The point is that many sectors are already above and beyond this. From a federal point of view, the 10 sick days could be looked at as a floor rather than a ceiling.

Criminal CodeGovernment Orders

7:20 p.m.

Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Mr. Speaker, what I appreciated about the speech by the colleague who just spoke is the great compassion and empathy he expressed for health care professionals and social services workers.

In the name of wanting to protect them, all of a sudden it is urgent that Criminal Code be amended.

If we are looking to support and protect health care workers, does the member not agree that it would be more urgent to provide federal health transfers to Quebec and the provinces so that they can organize their health care systems in such a way as to ensure that they have workers, that they are able to offer good working conditions and that workers do not experience burnout?

Criminal CodeGovernment Orders

7:20 p.m.

Conservative

Eric Melillo Conservative Kenora, ON

Mr. Speaker, absolutely, we called for and continue to call for increased health transfers to the provinces. Again, as I mentioned, in northern Ontario. and I am sure in northern and rural Quebec it is a similar situation, there is underfunding. There are not the appropriate resources considering the distances that people have to travel and considering the unique situations that northern and rural regions have. Having more supports available to the provinces will certainly help fix that situation.

Criminal CodeGovernment Orders

7:25 p.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

Order, please. It being 7:25 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Winnipeg North.

Criminal CodeGovernment Orders

7:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would request a recorded division.

Criminal CodeGovernment Orders

7:25 p.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

Pursuant to order made on Thursday, November 25, the recorded division stands deferred until Thursday, December 9, 2021, at the expiry of the time provided for Oral Questions.

Criminal CodeGovernment Orders

7:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise on a point of order. I may have been misinformed about there being an opportunity for a speaking slot at this point for me, on behalf of the Green Party, to speak to Bill C-3.

Criminal CodeGovernment Orders

7:25 p.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

We ran out of time on Bill C-3, and I interrupted so we could move on to the next order of business.

Criminal CodeGovernment Orders

7:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect that if you were to canvass the House, you would find unanimous consent to see the clock at 7:40 p.m. so we can begin committee of the whole.

Criminal CodeGovernment Orders

7:25 p.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

Is that agreed?

Criminal CodeGovernment Orders

7:25 p.m.

Some hon. members

Agreed.