Art Hanger

[Petitions, February 14th, 2005]

Mr. Speaker, the second petition is on the issue of marriage. The petitioners call upon Parliament to immediately hold a renewed debate on the definition of marriage reaffirming, as it did in 1999, that marriage is and should remain the union of one man and one woman to the exclusion of all others and that Parliament take all necessary steps within its jurisdiction to preserve this definition of marriage.

This came from my riding.

[Petitions, February 14th, 2005]

Mr. Speaker, I have three petitions. The first petition deals with a DNA data bank. The petitioners call upon Parliament to enact legislation to create a DNA missing persons database and unidentified human remains database which would link with the existing national DND data bank and assist in determining the fate of missing persons.

[Crown Liability and Proceedings Act, February 14th, 2005]

moved for leave to introduce Bill C-332, an act to amend the Crown Liability and Proceedings Act (no claim by inmate).

Mr. Speaker, I am please to reintroduce this bill to amend the Crown Liability and Proceedings Act to ensure that inmates serving penitentiary sentences will be unable to sue the federal government or its employees under any federal legislation for matters arising as a result of or during their penitentiary sentences.

If adopted, the legislation will put an end to frivolous lawsuits against the federal government and abuse of the Canadian legal system at the hands of inmates.

I urge all members to support the bill.

(Motions deemed adopted, bill read the first time and printed)

[Injured Military Members (Major Bruce Henwood) Compensation Act, February 14th, 2005]

moved for leave to introduce Bill C-330, an act to amend the Injured Military Members Compensation Act (amendment to the short title).

Mr. Speaker, I am pleased to reintroduce this private member's bill to amend the short title of the Injured Military Members Compensation Act to add a reference to Major Retired Bruce Henwood who was the driving force behind the passage of the legislation.

The bill seeks to recognize his efforts to have the Canadian Forces insurance plan for accidental dismemberment while on duty expanded to all military personnel regardless of rank.

I believe inserting his name in the short title of the act would be a fitting tribute to Major Retired Bruce Henwood for his work on behalf of all Canadian soldiers.

(Motions deemed adopted, bill read the first time and printed)

[Credit Cards, December 7th, 2004]

Mr. Chair, I am pleased to hear that the member grew up in a household where responsibility was taught about debt, and obviously responsibility on other issues as well, because debt is a burden.

My parents never took me into a gambling hall, and I do not think it would have done me any good if they had at 16 or whatever. They never gave me a credit card and I did not suffer as a result of that, I can assure members. I know it was not part of the environment when I grew up but we are living in a different era.

I am not asking government to do anything when it comes to this type of presentation to our youngsters. I do not know, when we talk about young people, at what age they would have access to instruments like a credit card to charge up a bunch of debt, but I think there is a limit. Should high school children have credit cards from grade nine on up, and handle those cards? I do not want to bring my kids into a gambling hall at 16. The member says that there should be no restrictions. I am not that much of a libertarian. I can see the need for some freedom but there is a responsibility that goes with everything.

I will refer back to the responsibility of a parent, a teacher or a financial adviser. The more we instruct our children on the use of debt, the better off we will all be. I think there are limits but I do not think they have anything to do with big government. I would like to see small government, because governments constantly intrude into the affairs of the average person, at a cost. No, I do not want to see big government and I do not see any need for it to be intruding here. However I do see a need to limit some things for some people.

[Credit Cards, December 7th, 2004]

Mr. Chair, when I grew up as a farm boy in Alberta I was taught to owe nothing to no one and that if I did owe something I was to make sure I paid it off because my reputation was at stake. I had a moral obligation to pay it off. I was taught that credit was not something one looked for unless it was absolutely necessary, such as a land payment or something of that nature, but we always paid our bills.

Today credit cards flourish in every household. I know that in some households even the children have their own credit cards which are sponsored of course by their parents. However no instruction books come with credit cards. The kids know that when they reach the limit mom and dad will pay it off. I have a problem with that personally. I certainly never opened the door to my children using my credit cards. I believe there has to be some level of responsibility shown. There should be an instruction book because debt is a terrible burden to bear for a youngster.

When students graduate from university they not only have tuition debts but they have racked up debt on a credit card. They get caught up in the moment. They want to go out with their friends and suddenly have a debt on their hands. Some 16, 17 and 18 year olds have to seek bankruptcy protection, as do some students just graduating out of university. Yes, there needs to be an instruction booklet and there needs to be accountability with every card that is issued.

It is good to have choice but for young people it could be unfortunate. It sort of leads them down the path toward a credit card with a higher limit and a higher interest rate. I know it is a sign of the times and that everyone has a card but there needs to be some control, especially for youngsters.

[Credit Cards, December 7th, 2004]

Mr. Chair, I certainly do have concerns about how personal information is managed. I think this is one huge problem that industry has overall. It will not just be the banks but the banks will be looking for data centres to manage all the information of their clients. How efficient that will be and how protective they will be with our information remains in question.

It used to be that much of this was housed in house literally. It has only been of late that these data centres now have cropped up and they pose another problem as far as privacy is concerned.

I would have to suggest that we will be looking for legislation that will protect that information. There is no question that this must happen. If we as parliamentarians and lawmakers cannot address those issues, just as we are talking about identity theft itself by protecting the average user that has no intent of abusing the privilege of using a card, there are those out there who could not care less about that person's reputation or his financial situation. By stealing that information and using it for his own gain, if we cannot address all of these issues, and I think we must address all these issues, we will run into some very serious problems in the future, more so than what we even see right now.

I am trusting that over the next year or two this House will specifically address the privacy matters and the protection of personal information. As the member pointed out, there are too many breaches already. No one has been able to address them because there are no laws in place that really deal specifically with that.

[Credit Cards, December 7th, 2004]

Mr. Chair, I am pleased to take part in this debate on credit cards. This debate is quite timely given that this is the Christmas season, a time when Canadians tend to spend more and when some of the bad guys in our society are out in full force looking for ways to defraud individuals and businesses.

For many Canadians the payment of choice, be it at Christmas or any other time of the year, is a credit card. Some people love them because they offer a convenient way to buy things and defer payment. Others hate them because of the high interest charges on unpaid balances and the fact that with these cards people tend to spend more than they can afford because credit is so readily available.

It is estimated that in 2003 over 50 million Visa cards and MasterCards were in circulation, in addition to credit cards issued by department stores, such as Zellers, The Bay and Sears. Cards are also issued by American Express, Diners Club, and even gas stations, such as Petro-Canada. The credit card business is big business in Canada. In fact, Canadians carry an average of 2.6 cards. One would be hard-pressed to find a working adult in this country who does not have or has never had a credit card. Credit cards have become a way of life for Canadians in terms of the way they manage their financial affairs.

For those who are able to use these cards responsibly, they are a good thing to have. Unfortunately, there are many people in our society who, dare I say, should not be using credit cards at all. They are the ones who use their credit cards as though it was free money. They are the ones who gladly apply for a different credit card every time an unsolicited application is received in the mail. They are the ones who have a hard time repaying these debts.

Unfortunately, the ones who can least afford to pay are often targeted by stores and financial institutions because that is where the institutions make their money, in interest payments. Surely, the onus is on the individual to say no, cut up the credit card or manage it well, but not all of us have that discipline.

That being said, I would like to address an issue which is also related to credit cards and their use, and that is the issue of identity theft. There has been some discussion in the House on that particular point, although some of the questions have never really been answered on the government side regarding this issue. It is a very important topic associated with credit cards, interest rates and everyone's identity.

Last October I attended the second International Conference on Identity Theft sponsored by the anti-rackets section of the Ontario Provincial Police. This conference brought together a number of speakers from Canada and the United States with expertise in the areas of identity theft, telemarketing, biometrics and terrorism. This conference allowed for the exchange of information among those who are involved in a fight against identity thieves.

Identity theft has been around a very long time but has now become a rapidly growing problem. It is the fastest growing crime in North America today. Identity theft helps facilitate a number of other serious criminal offences, such as fraud and fraudulent activities, organized crime and terrorist organizations. In fact, terrorists hide their true identity through the use of other people's identities that they have stolen.

It is estimated that identity theft costs Canadian consumers, banks, credit card firms, stores and other businesses $2.5 billion a year. There are a number of factors that have contributed to the increase of identity theft. We are probably approaching a period of time where this problem, which is a huge problem right now, will become unmanageable in the very near future.

Easy credit is a contributing factor. Canadians are continually being bombarded with unsolicited credit card offers from financial institutions. Not only are these offers open to theft, but they also make it easier for others to obtain credit in other people's names.

Let us face it, identity thieves will rummage through the trash in order to find incoming mail, such as pre-approved credit card offers and send them back to the issuing financial institutions and request that the card be sent to a new address. Credit card fraud is perhaps one of the most pervasive identity theft crimes in Canada. It is estimated that card fraud rose by some 19% in the year 2002.

Another contributing factor is the fact that very well versed technology oriented individuals can take information from the magnetic strip of a credit card. They obtain the information through what they call skimming or swiping the credit card. It is stolen. It is skimmed, in other words, all the information is taken off the back. They use an electronic device that is called a skimmer. They will take the customer's credit card and swipe off all the information.

This will occur in places like shops, restaurants or wherever anyone may pay with a credit card. Once that information is taken from the magnetic strip, out come the cards and they will use them to the maximum. With these counterfeit cards in hand, the identity thief can use the card to purchase very expensive merchandise that can be sold for cash, and this money in turn is used for other criminal activity.

Another contributor is hacking of company databases. With the advancements of technology and increased Internet use, it has become easier for thieves to obtain personal information and have far more ways in which to use that information fraudulently.

How many times have we heard on the news or read in some newspaper that a company's computer database has been hacked? Computer hackers have been known to break into computer databases and obtain personal information, such as an individual's credit card data which can be used to their own advantage.

However, while theft is perhaps the most obvious form of credit card fraud, it is certainly not the only way fraud occurs. I suppose this is the beginning of the crime of identity theft. I recall, in my former life as a police officer, how thieves would take the discarded carbons that were used on credit card slips. They were inadvertently thrown into the garbage can, but that information was very valuable in transferring it over to someone else. That identity would be taken and another card made up with the information on it.

It has now become more sophisticated. It is now tapping into computers. It is now obtaining information from the mail and transferring all that information over or even creating that information and applying for a credit card.

Of course there is always the age old problem where dishonest employees will make an extra imprint of one's credit card and take it for their own personal use. That is going to happen, but that is not the serious part of this crime.

I think many Canadians would be surprised to learn that in this country we do not have a separate offence for identity theft. Granted there are provisions in the Criminal Code that relate to identity theft, such as fraud, obtaining credit by false pretense, fraud and forgery, but in many instances the Criminal Code requires proof that the accused intended to gain advantage by means of fraud.

It is high time we looked at the offence seriously and that we cut off the supply for those organized criminals who use identity theft as a means of making a living and perpetuating further crime. We should have charges like our neighbours to the south have, aggravated identity theft, that will bring two to five years depending on who commits the crime or what the crime is added consecutively to all other sentences served, especially when it comes to hiding one's identity as a terrorist.

I appeal to the House to seriously look at those issues that will prevent financial ruin, damage reputations and certainly ruin credit ratings for those who do possess cards and use them legitimately.

[Credit Cards, December 7th, 2004]

Mr. Chair, I have certainly followed the debate over the last few hours. It has taken a swing into areas where criminality is associated with the credit card industry.

Much of what is happening today, and I can attest to this because I have been involved in a number of very specialized police conferences to deal with organized criminal activity, is that organized criminal activity is operating extensively in this country, by foreign criminals, I might add. Many of them have come here with an agenda of their own. They have entered this nation one way or another to fulfill that very special agenda they have.

One of the issues is the whole area of identity theft by organized criminal activity. There have been criminals caught in this country with 150, 200, 300 credit cards which belong to people who are part of the citizenry of this country. Some of those cards have been sent overseas and are used overseas. There is not a section in the Criminal Code that deals specifically with that.

I know that the government is aware of that. The Liberals are very much aware of it, as are the police in this nation. The police have been pressing the government to do something about it, but there is no specific charge that deals with that. Yes, maybe they could try for conspiracy, but it is very difficult to prove conspiracy. They would have to go through this whole issue of intent and then what would they end up with, after a lot of police and government resources are used?

When is the government planning to put forward some very specific legislation to deal with identity thieves, especially the organized ones?

[Criminal Code, December 7th, 2004]

moved for leave to introduce Bill C-313, an act to amend the Criminal Code (prohibited sexual acts).

Mr. Speaker, it is my pleasure to reintroduce this private member's bill in the House. If enacted it will raise the age of sexual consent from age 14 to age 16, something that is long overdue in the country.

I first introduced the bill in 1996 and have reintroduced it several times since, but with the proliferation of child prostitution and child pornography, we in the House should be more determined than ever to raise the age of sexual consent to at least 16 years to protect our children from sexual predators.

It is well known that when children are exploited, the damage is devastating and often lasts a lifetime. Therefore, for the sake of our children, I urge all members in the House to support the bill.

(Motions deemed adopted, bill read the first time and printed)