John Maloney

[Criminal Code, October 13th, 2004]

Mr. Speaker, I am pleased today to rise to speak to Bill C-2, an act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act.

Bill C-2 proposes a broad package of criminal law reforms that would significantly improve the criminal justice system's protection of children and other vulnerable persons.

The key elements of Bill C-2 are: strengthening the existing child pornography provisions; providing increased protection to young persons against sexual exploitation; increasing penalties for offences against children; facilitating the receipt of testimony by children and other vulnerable victims and witnesses; and creating new voyeurism offences.

This is positive legislation which can be supported by all parties and I urge all members to do so.

I would like to focus my comments on the proposed amendments relating to child pornography, an issue that is very much in the minds of hon. members, my constituents in the Niagara region, including the Catholic Women's League and their White Ribbon campaign, and indeed all Canadians.

Child pornography is an issue on which we find almost daily accounts of new charges and prosecutions in Canadian newspapers as well as those around the world. To my mind this demonstrates two very important factors. On the positive side, our existing child pornography prohibitions are working. On the negative side, we need to do more to combat the sexual exploitation of children through child pornography. This is exactly what Bill C-2 does.

Bill C-2 proposes to broaden the existing definition of child pornography to include audio format. Specifically, it would include audio recordings that advocate or counsel unlawful sexual activity with a child as well as such recordings that have, as their dominant characteristic, the description, presentation or representation, for a sexual purpose, of unlawful sexual activity with a child.

The existing definition of written child pornography would also be expanded to include written material that describes prohibited sexual activity with children where that description is the predominant characteristic of the material and it is done for a sexual purpose.

Bill C-2 would also create a new prohibition against advertising and possession for the purpose of advertising child pornography. This new offence would be punishable on indictment by a maximum penalty of 10 years' imprisonment. This is a wake-up call for the predators that their criminal acts will be vigorously prosecuted and severe sentences imposed.

Bill C-2 also proposes significant reforms relating to sentencing in child pornography cases. First, it proposes that the maximum penalty for all child pornography offences, on summary conviction, be tripled from 6 to 18 months. Second, it would make the commission of any child pornography offence with intent to profit an aggravating factor for sentencing purposes. In other words, those who seek to profit by sexually exploiting children through child pornography will get a tougher sentence.

The intent and impact of these child pornography specific sentencing reforms are further underscored by the fact that Bill C-2 also proposes two amendments to the Criminal Code's sentencing principles.

In particular, in cases involving the abuse of a child, Bill C-2 directs courts to give primary consideration to denunciation and deterrence of such conduct in determining the appropriate sentence to be imposed. Bill C-2 also requires a court to consider the abuse of a child as an aggravating factor for sentencing purposes.

In addition, Bill C-2 proposes to replace the existing defences of artistic merit, education, scientific or medical purpose and public good with a two-part, harm-based legitimate purpose defence. This new defence narrows the existing defences and replaces what had previously been proposed as the public good defence in Bill C-12 in the last session of Parliament with a clear and more easily understood defence. This new defence incorporates the harm standard adopted by the Supreme Court of Canada when it upheld the constitutionality of the child pornography provisions in 2001.

Under Bill C-2, a defence for an act in relation to child pornography would only be available where the act in question has a legitimate purpose related to the administration of justice, science, medicine, education or art and does not pose an undue risk of harm to children.

Under this new defence, the availability of a defence does not change the child pornographic nature of the material. Material that has been found to constitute child pornography as defined by the existing Criminal Code provisions or as expanded by Bill C-2 would remain child pornography.

Instead, Bill C-2 would require the court to consider whether the use made of the material in each instance is protected by the defence. For example, possession of child pornographic photographs by police for purposes associated with the investigation of a child pornography case would benefit from the defence, because the act of possession of the photographs is for a legitimate purpose related to the administration of justice and does not pose an undue risk of harm to children. Possession of the same photographs by a child pornographer for his personal use would not be protected by this defence.

As I said at the outset, Canadians want us to do more to combat child pornography and I am pleased to see that this is what Bill C-2 delivers. In addition to the new reforms proposed by Bill C-2 in May 2004, the government launched a national strategy to protect children from sexual exploitation on the Internet.

This new national strategy is providing just over $42 million to expand the RCMP's national coordination centre against child sexual exploitation and provide law enforcement with enhanced resources to investigate Internet-based child sexual exploitation, including child pornography. Funding is also being used to enhance public education and to nationally expand Cybertip.ca, a 24/7 public tip line.

Together, Bill C-2 and the recently enhanced resources send a clear and strong message that we condemn the sexual exploitation, abuse and neglect of children and other vulnerable persons. It sends a message that we have declared war on child pornography. I call upon all members of the House to support the bill and I ask that it be given quick passage.

[Employment Insurance, May 14th, 2004]

Mr. Speaker, I would like to thank the hon. member for Vancouver Island North for bringing forward Motion No. 300. The government always welcomes an opportunity to discuss the employment insurance program and seeks ways to improve it. I find it very interesting that the member for Kamouraska—Rivière-du-Loup—Témiscouata—Les Basques went on at great length but failed to address the debate on this motion.

I know that all members in the House appreciate the importance of employment insurance in providing a key element of Canada's social safety net for more than 60 years. The government is committed to ensuring that it will continue to be there for workers who need it and that it will continue to serve Canadian workers in the best way possible.

That is why in 1996, following extensive consultations with Canadians, the Government of Canada replaced unemployment insurance with employment insurance to reflect the changing needs of the economy, the labour market and workers. Further, the Employment Insurance Commission committed to monitoring the impacts of the program on people, communities and the economy.

As a result of this annual monitoring and assessment, the government has adjusted the program from time to time to make it even more responsive. This has involved the following actions: enhancing parental benefits; making small weeks a permanent and national feature of EI; repealing the intensity rule; modifying the clawback provisions; modifying the undeclared earnings rule; and just this year, introducing a new six week compassionate care EI benefit for eligible workers caring for a gravely ill or dying parent, child or spouse.

Overall, the employment insurance system works. It is there for the people for whom it was intended.

As the 2003 monitoring and assessment report found, EI continues to perform well with 88% of individuals in paid employment being potentially eligible for benefits if they were to lose their jobs. Eligibility rates for women and men in full time employment are identical at 96%. For part time workers, women have a 16% higher eligibility rate, 57% compared with men at 41%.

Clearly, the government has adjusted the EI program as required where evidence warrants adjustment. We want to ensure the program is fair and protects those who are most vulnerable. Let us look at the main idea put forward in Motion No. 300, which is to save premium payers money.

The government is all in favour of this principle and our actions on EI prove it. We have reduced EI premiums for the past 10 consecutive years, from $3.07 in 1994 to $1.98 in 2004. This reduction will result in savings for this year of as much as $6 billion for employers alone compared to the 1994 rate. And in fact, forecast premium revenue is expected to be balanced with forecast program costs as a result of these reductions.

As a responsible government, we must ensure that the program is sustainable. I know the employer community respects arguments that are based on sustainability and good economic sense.

This is why the Government of Canada is working closely with labour unions, employers, provinces, territories and sector councils to develop a workplace skills strategy. Key issues will be to examine and improve apprenticeships, literacy training and essential skills upgrading for workers and employer based training.

As an immediate measure, our recent budget pledged to support the workplace skills strategy by providing new resources for union-management training centres. A three year pilot project will address a growing need to replace outdated equipment and simulators. Through the pilot project, $15 million will be used in the first two years to match employer and union investments in new machinery and equipment in selected training centres.

The hon. member's motion may seem like an attractive proposition on the surface but I think we owe it to employers and workers to look deeper and to see what possible repercussions there could be if Motion No. 300 were adopted.

As I mentioned earlier, when we undertook EI reform, we carried out extensive consultations. We examined all the issues and one of our key findings was the importance of covering all paid employment from the first dollar earned.

Perhaps the member for Vancouver Island North forgets under the old system those who worked fewer than 15 hours a week and their employers did not pay premiums, nor, and this is extremely important, were these employees covered by the insurance system. The result was that the very people who were most likely to need EI support, part time workers, predominantly women, were not eligible for benefits.

Studies of the insurance system further indicated that some employers limited their employees' hours of work to avoid paying premiums. Thus, employees could be caught in a double bind. First they could not obtain more than 15 hours of work in any one job and were thus forced to hold multiple jobs. Even though they may have worked the equivalent of full time employment, they still were not eligible to pay premiums or obtain benefits since none of these jobs provided more than 15 hours of employment.

Since converting to first dollar coverage with the introduction of employment insurance, evidence indicates this obstacle has been eliminated. Employers are no longer inclined to limit hours of employment based solely on the employment insurance system. We now have a system that responds to the labour market.

If we were to adopt Motion No. 300 and exempt the payments of EI premiums on the first $3,000 of income earned by all individuals, we could reintroduce a problem that we have so successfully vanquished.

This motion would roll back some of the key labour market policy objectives addressed through the 1996 EI reform. One of these objectives was to increase coverage and access to the EI program. An additional 400,000 part time workers became eligible for EI for the first time with the shift to first dollar coverage. Who can argue with that?

In fact, on April 30, 2004 the C.D. Howe Institute released a paper written by David M. Gray entitled “Employment Insurance: What Reform Delivered?” What did the paper have to say about the hours based system? The report highlights that there has been extensive research and the findings suggest that the change from a weeks based system to an hours based system was warranted. The report also indicates that an hours based system eliminated the incentive to create jobs with very short employment spells and reduced inequalities on access to EI.

The present EI system is fair and balanced. This motion, as well intentioned as it might appear at first glance, would create some unintended problems. For example, this motion would put into question the fundamental principle embodied in the EI legislation, that claimants must have paid premiums during a recent attachment to the labour force to be eligible for benefits. Under this motion, claimants would not have paid premiums for work that may later be used to calculate benefits.

The present system, founded on the first dollar coverage and EI benefits based upon the value of wages earned in the most recent 26 weeks, encourages workers to find additional hours of employment. This system fosters workforce attachment. Findings in the recent C.D. Howe report support this, saying EI reform has indeed encouraged a greater degree of workforce attachment.

Many of the supporters of this motion have said in the past that a yearly basic exemption not only helps business, but also could help low income earners. What they fail to recognize is that this element is already addressed through the family supplement. This is a progressive feature of the EI benefit structure, which allows individuals in low income families with children to receive a maximum of up to 80% of their average weekly earnings, rather than the 55% received by all other claimants.

The government recognizes that some people are not able to work enough hours to qualify for EI benefits. That is why we provide premium refunds for people earning less than $2,000 annually.

I am not saying the premium rate structure is perfect. Right now we are in the process of a rate setting review. This process is designed to create a new permanent EI rate setting mechanism for 2005 and beyond. The system will be based on extensive consultations that have been conducted. However, Motion No. 300 represents a step backward. With EI reform, we now have a system that is responsive to the changing nature of work while providing a benefit structure that strengthens insurance principles and encourages participation in the labour market.

The government will continue to monitor and assess the EI program to ensure that it continues to respond to the needs of working Canadians.

[Criminal Code, May 3rd, 2004]

Mr. Speaker, it is my pleasure to rise today and speak in support of Bill C-29, an act to amend the Criminal Code with regard to mental disorder. This bill seeks to make a range of improvements to the law governing those found unfit to stand trial and those found not criminally responsible on account of mental disorder.

I will be focusing my remarks on the provisions of Bill C-29 that seek to repeal provisions of the Criminal Code that in fact were never proclaimed in force.

Hon. members may be curious why it is even worth mentioning, since the repeal of unproclaimed provisions merely clarifies the status quo. It is true that the repeal of the unproclaimed provisions will not change the applicable law. However, these provisions are worth noting because the repeal reflects the government's belief that these provisions are not needed and will not be needed in the future. The repeal will bring certainty and clarity to those who may hold out hope for these old provisions, which we now agree do not reflect the goals of the regime governing mentally disordered accused.

Bill C-29 will repeal three provisions of the 1991 amending act that were never proclaimed. They are: capping, the dangerous mentally disordered accused, and the hospital order provisions.

Capping provisions were originally designed to ensure that the supervision of those found not criminally responsible would not be longer than the maximum sentence available through a criminal conviction. The maximum period or “caps” would depend on the offence committed and would range from life to two years or less.

Capping provisions were included as part of the 1992 reforms. The initial postponement in proclamation was necessary to permit a review of all persons held under a Lieutenant-Governor's warrant to determine whether they should be subject to an increased cap. The delay was also intended to allow the provinces to make necessary amendments to their mental health legislation to ensure that those discharged after a cap would be subject to such legislation where necessary. However, provincial mental health law is not designed to supervise potentially dangerous persons and amendments were not pursued.

The standing committee has called for the repeal of the capping provisions. The current regime, in the absence of capping, provides the appropriate balance between the accused's rights and the public's right to safety.

Several accused persons have appealed their dispositions, arguing that if they had been convicted they would have served a short sentence. The Supreme Court of Canada has clearly established that sentences for convicted offenders should not be compared with dispositions imposed where an accused is found not criminally responsible on account of mental disorder.

Accused persons found not criminally responsible on account of mental disorder are not punished. Rather, they are assessed, treated and supervised until they can be absolutely discharged. The absolute discharge may be appropriate soon after the verdict or years later, depending on the accused's mental condition and the risk to public safety. The nature of the offence may have no bearing on a disposition for those not criminally responsible on account of mental disorder. Capping should therefore be repealed once and for all.

The dangerous mentally disordered accused provisions were linked to the capping concept. They too should be and will be repealed. The DMDA provisions would have enabled the prosecutor to apply to the court after a finding of not criminally responsible, but before any disposition is made, to make a finding that the accused is a dangerous mentally disordered accused. The criteria and procedure parallel the dangerous offender provisions that apply to sane convicted offenders. The court could have then increased a 10 year cap to a maximum of life, but only for serious personal injury offences, including various sexual and violent offences. However, the provisions were very narrow in application and would have permitted an extended cap for only some offences.

The DMDA provisions and capping provisions are interdependent and are therefore being repealed together. The repeal of capping and the related DMDA provisions, coupled with the amendments to better protect the rights of criminally unfit accused, will continue to reflect the goals of our criminal law, including that of protecting the public.

The hospital order provisions would have applied to convicted offenders, not those found not criminally responsible on account of mental disorder. These provisions are also proposed for repeal. Hospital orders were intended to provide a mechanism for short term treatment of a convicted offender who at the time of sentencing was in an acute phase of a mental disorder and in urgent need of treatment to prevent further mental deterioration. An offender meeting this criterion would be sent to a psychiatric facility for a period of up to 60 days rather than being jailed.

The provisions are being repealed because there is a general view among stakeholders that the current system can accomplish the intended purpose of hospital orders without a statutory provision. In addition, the code provisions were too narrow in their application to address the nature and range of mental disorder present in the convicted offender population. Proclamation of the hospital order provisions would not address the larger problem.

The repeal of these provisions reflects the government's commitment to fair and effective laws that are clear and up to date. I encourage all members to support Bill C-29.

[Petitions, April 27th, 2004]

Madam Speaker, I have the honour to present two petitions from my region of Niagara pursuant to Standing Order 36.

Both petitions call upon the Government of Canada to uphold the legal definition of marriage understood as the lasting union of a man and a woman to the exclusion of all others.

The petitioners point out that to enlarge and thereby alter the definition of marriage in order to include same sex partners discriminates against heterosexual marriage and the family which are thus deprived of their social and legal recognition as the fundamental and irreplaceable basis of society.

[First Nations Fiscal and Statistical Management Act, April 26th, 2004]

Mr. Speaker, the suggestion has been made that Bill C-23, the first nations fiscal and statistical management act, does not address the real priorities of first nations in the areas of basic services, health, education, and social services. Indeed, it has been suggested that it is a waste to be investing in strengthening first nations governance and institutional capacity.

First, let me remind the House that Bill C-23 stems from a vision of certain first nations leaders who chose not to delay their opportunities for brighter futures by waiting for the Government of Canada. Instead, they exercised their control and created a pact that would include working to develop this legislation, making certain that it would bring greater certainty to their people in giving back greater control over their futures with better opportunities, especially for their children.

In many respects, Bill C-23 complements the positive action taken by Indian and Northern Affairs Canada in line with the first nations' priorities, among them social programs, education and employment opportunities.

Indian and Northern Affairs Canada is working to ensure that social services reach those in greatest need, with a focus on first nation children on reserve. This focus on children recognizes that positive impacts made in the early years of life have a direct bearing on a child's healthy, long term development and well-being, which is a key to accessing longer term opportunities.

INAC's work emphasizes ongoing collaboration with federal and other partners to deliver important initiatives, such as the aboriginal head start program which helps prepare young first nation children for their school years by meeting their emotional, social, health, nutritional and psychological needs. Other programs and services cater to the needs of lower income families and the immediate community. As well, there have been improvements in the areas of child care, child nutrition, community and cultural enrichment, family violence shelters and prevention programs, all of which are culturally sensitive.

INAC is also working to provide first nations with the tools to improve quality of education from early childhood development to preparation for access to the workforce. A national working group of first nation education, for example, was created in partnership with first nations to look at ways to foster excellence in first nation education and help narrow gaps in economic results.

In consultations with first nations and the Assembly of First Nations, INAC has adopted a case management approach which guides income assistance recipients through a continuum of training and support services, enabling participants to benefit from and remain in federal-provincial welfare to work initiatives.

Aboriginal employment programs and services are also part of INAC's strategic priorities. Improved employment opportunities for first nations people have also come about from programs like the aboriginal workforce participation initiative, which partners governments with business to fill human resource needs with a trained, qualified aboriginal workforce to INAC's own commitment to a 50% aboriginal-external hiring strategy.

First nations people do not want to continue the status quo. They want greater control over their own affairs and an improved quality of life. As well, they seek more opportunities for themselves and for their children. To this end, they want to ensure that their programs are effectively delivered, opportunities for economic growth are created, and they are engaged in the discussion of a new fiscal relationship between first nations and Canada as a way to sustain their programs and services.

Bill C-23 would provide first nations with the tools needed to help meet these three objectives, and therefore should be viewed as an investment in a brighter future for first nations.

With respect to the first objective of ensuring effective program delivery, first nations look to build the tools they need as they assume greater control over their own affairs. They look to strengthen financial management and accounting practices, the facility to demonstrate transparency and accountability, and the capacity to effectively manage scarce resources.

The work of the financial management board would be valuable in this area. The board would provide leadership and support to strengthen the financial operations of participating first nations. The board would coordinate its efforts with those of the Aboriginal Financial Officers Association of Canada which is affiliated with the Certified General Accountants Association of Canada.

Through its work as a centre of excellence, the board would help first nations and their enterprises elevate standards, establish and maintain sound financial management, and ultimately to adopt financial systems based on national standards comparable to other governments.

The second objective that I mentioned was that first nations were seeking to participate more fully in the Canadian economy in order to improve the quality of life for their people. To help meet this objective, a strengthened first nations tax regime, managed by the Tax Commission, would help first nations to build predictable tax revenue streams which the financial authority would apply to secure long term debt financing for major capital projects.

This integrated system is optional in all respects. It would give first nation governments that wish to participate their first access to the bond markets. It would unlock real and significant opportunities for sustained economic growth and, ultimately, a better future for first nations.

It is true that not every first nation is interested in or able to build a tax system. First nations are diverse in nature. However, this does not diminish the importance of the bill to a number of first nations now poised to bring its benefits to their people.

Today, all first nations enter into many different borrowing arrangements with banks and suppliers. This option will remain open with Bill C-23. However, the creation of the first nations finance authority will make it possible for first nation governments to borrow money through the bond market and at lower interest rates than otherwise available.

The use of lower cost capital would increase the construction of in-ground infrastructure that is ready for commercial use, and give prospective private developers a favourable view in their decisions about establishing businesses on reserve lands. In the same way, and without a waste of first nations financial resources, new recreational facilities or community centres could be built at lower costs. I could see communities that would benefit from access roads and upgraded water and sewer lines which support economic ventures, such as a gas bar or a strip mall.

In time and with experience, new financing options may even be developed to increase the construction of houses and help deal with a backlog in housing units in first nation communities. The potential benefits to first nations people would be significant in terms of increased employment, income, self-reliance, control over their own futures and community growth.

Finally, the third objective I mentioned was that first nations could look to build a new fiscal relationship with Canada. They are looking to break the cycle of dependency by realizing legitimate opportunities for themselves and for their children. With that objective in mind, first nation proponents of this legislation have pushed for and have actively engaged in dialogue with the Government of Canada on a broad range of issues.

As a result of their consultations on enhanced statistical capacity, for example, first nations people are now poised to become more self-reliant by using the tools offered by Bill C-23 to engage in the joint policy discussions required to unlock critical social, educational and economic opportunities.

That is why the first nations statistical institute will focus on bringing timely, relevant and credible information to bear on policy development and program management. The institute would assist first nations in developing the systems that chiefs and council would require to meet their leadership responsibilities.

Statistics Canada and first nations statistics would have separate but complementary roles. For example, with proposed cooperative data sharing regimes, first nations statistics would draw data from many reliable sources, including Statistics Canada, giving first nation decision makers the essential access to reliable statistical information which they have lacked. As most Canadians can appreciate, the social benefits of reliable and timely statistics seem well worth the cost.

As well, both the financial management board and first nations statistics will offer professional research and policy development services on behalf of all first nations and thus strengthen their capacity to participate at intergovernmental discussions on building new fiscal relations.

Allow me to summarize the advantages that can be garnered under Bill C-23.

I have mentioned the importance to first nations that their programs are delivered effectively. Under the legislation, the financial management board could assist individual first nations to better manage their program costs, more effectively deliver their programs and thereby improve the results for first nation people.

As well, I have mentioned the importance to first nations of creating opportunities for themselves and their children. Under Bill C-23, the first nations tax commission would help to strengthen first nation real property tax regimes. First nations may use their tax powers and work with private developers to establish the infrastructure needed to trigger sustainable business development and to help build a better future.

I have mentioned the importance to first nations of discussing a new fiscal relationship with the Government of Canada. Under the legislation, the first nations finance authority would offer mechanisms necessary for first nation governments to participate in the complex world of bond markets and capital financing similar to other governments.

Discussion of fiscal matters would then take place on a more equal footing. The work of first nations statistics would bring more reliable and timely statistical information to inform discussions between first nations and the federal government.

The proposed first nations-led legislation was developed through the investment of many visionary cooperative efforts over a number of years, which bodes well for its acceptance and implementation. It will help them meet important objectives.

Let us lend our support to their vision by passing this legislation so that first nations people will be able to access real opportunities which will improve their lives.

[Petitions, April 21st, 2004]

Mr. Speaker, I would like to present three petitions on the same subject.

The petitioners acknowledge that marriage is the best foundation for families and the raising of children. The definition of marriage as being between a man and a woman is being challenged and they call upon the House to pass legislation to recognize the institution of marriage in federal law as being a lifelong union of one man and one woman to the exclusion of all others.

[Member for Niagara Centre, April 2nd, 2004]

Mr. Speaker, I rise today to pay tribute to my friend and colleague, the hon. member for Niagara Centre.

Due to the redistribution of electoral boundaries, the hon. member and I were recently faced with the unenviable task of competing for the Liberal nomination in the riding of Welland.

The recent months have not been easy for either of us but I want to point out that in a media full of stories about colleagues fiercely contesting colleagues in all political parties, the nomination process and meeting in Niagara were examples of how things should work. I compliment the hon. member for his decorum and gentlemanly conduct at all times.

I have worked with the member since his election in November 2000 and I have worked with many of the hon. member's staff since I first came to Parliament in 1993, as they worked for our former speaker and Niagara Centre member, Gib Parent.

On behalf of my family, my staff and all riding constituents, I wish the hon. member for Niagara Centre the very best, to he, his staff, his daughter Alex, his mother Maria and his partner Martine. It has not only been my pleasure to call him a colleague, but my honour.

[Criminal Code, March 24th, 2004]

Mr. Speaker, I am sure all members agreed that despite significant progress in the past two decades, impaired driving is still a complex criminal justice, health and traffic safety issue in the country. I want to believe that we all see impaired driving as a serious problem that requires the combined efforts of governments, police agencies, organizations, families and individuals.

Impaired drivers produce hundreds of deaths, thousands of injuries and millions of dollars in economic damage each year. This is all the more tragic precisely because impaired driving is so avoidable. I am told that impaired drivers and their passengers make up about three-quarters of the deaths that are attributed to impaired driving. Of the impaired drivers who die in motor vehicle crashes on public roadways, some 70% die in single vehicle crashes.

A survey by the Traffic Injury Research Foundation, which was conducted in 2003, indicated that some 3% of drivers do 86% of the impaired driving trips. Another 5% of drivers do the remaining 14% of impaired driving trips. That represents more than a million drivers who, combined, do millions of impaired driving trips every year. The overwhelming majority of the impaired driving trips in motor vehicles on public roadways are taken by persons who repeatedly do this behaviour. These are startling statistics.

What we are debating with Bill C-452 is not whether we are against drinking and driving. Nor are we debating whether it is a good idea to better process impaired driving incidents. In this House I take it as a given that we are all opposed to impaired driving and support improved processing of impaired driving incidents. That is most definitely my position. Rather what we are debating tonight is whether some very specific proposals should be placed within the criminal law.

While we all can agree on the problem, we do not always agree on the specific measures proposed to eliminate impaired driving. The Criminal Code makes it an offence to drive while impaired by alcohol or a drug. It is a separate and distinct offence to drive with a blood alcohol concentration that exceeds 80 milligrams per cent. It is the latter offence that often is a subject of a criminal trial because there is no need to prove signs of impairment, as the status of driving with the offending concentration is the offence.

The summary to Bill C-452 tells us that the bill would extend from two to three hours the time allowed for the taking of a breath or blood sample from an accused in the investigation of an alleged offence. This leaves the impression that the police currently have only two hours to obtain a breath or blood sample, which is not the case.

Currently, a peace officer may demand a breath sample or, in certain cases a blood sample, from a person the officer reasonably believes committed the offence in the previous three hours. Where the driver is unconscious, the police have four hours to obtain a blood sample under a warrant, if they reasonably believe that the driver was committing an impaired driving offence and was involved in a collision resulting in injury or death.

The Criminal Code creates a presumption that, absent of any evidence to the contrary, the blood alcohol concentration at the time of breath testing equals the concentration at the time of the alleged offence. The prosecution obtains the presumption if the first breath sample was taken within two hours of the alleged offence. Without the presumption, the prosecution would have to call an expert to relate the blood alcohol concentration at the time of testing back to what it would have been at the time of the alleged offence. Bill C-452 would change the prerequisite for the presumption in respect of a breath sample from two hours to three hours, which matches the time the police have to make the breath sample demand.

The Criminal Code also creates the presumption that, absent of any evidence to the contrary, the blood alcohol concentration at the time of blood testing equals the concentration at the time of the alleged offence. The prosecution obtains the presumption if the first breath sample was taken within two hours of the alleged offence. Quite surprisingly, Bill C-452 would not increase the prerequisite for the presumption in respect of the blood sample from two hours to three hours, as it proposes to do for a breath sample.

Alcohol has a stable rate of absorption and elimination. After one hour and certainly after two hours from the time of consumption, alcohol will have been absorbed, and at that point in time the blood alcohol concentration level will be on a downward slope because the body by then has absorbed the alcohol and is eliminating alcohol.

Before the first hour, the proposed presumption that the blood alcohol concentration is not less than the blood alcohol concentration at the time of the alleged offence might be scientifically inaccurate, if the alcohol is still being absorbed into the blood. This could also be said of the existing wording in the presumption that the concentration at the time of testing is equal to the concentration at the time of the alleged offence. Not a lot turns on the different wording proposed by Bill C-452 because the Criminal Code already makes it clear that any evidence to rebut the presumption must tend to show that the concentration was not simply different at the time of driving, but that it was lower than the legal limit. The important feature of the presumption aspect of Bill C-452 is the proposal to change the prerequisite for the presumption in respect of breath samples from two hours to three hours.

In practical terms, the vast majority of impaired driving investigations by police will see the police obtaining the breath or blood sample within the two hour period that is the prerequisite for obtaining the presumption. In a trial the blood alcohol concentration would be entered without the need for an expert to relate the concentration at the time of testing back to what it would have been at the time of driving. Extending to three hours the prerequisite for obtaining the presumption in order to match the period in which the police may demand a breath sample would mean that the prosecution would not have to call the expert in some cases where it now must call an expert. However, as already mentioned, Bill C-452 only addresses the breath sample presumption and not the blood sample presumption.

I compliment the hon. member for his concerns on the state of impaired driving in the country, and I share those concerns. MADD also shares those concerns. However, for the reasons stated, I feel that the bill has some very serious shortcomings, some very serious reservations and some very serious implications.

[Teachers Institute, November 5th, 2003]

Mr. Speaker, today I welcome participants from the Teachers Institute on Canadian Parliamentary Democracy to Ottawa.

Launched in 1996 by our former speaker, Gib Parent, the Teachers Institute is a unique professional development opportunity for teachers of social studies and related subjects from grades 4 through 12 at CEGEP.

Each November the program brings approximately 70 teachers from across the country together for an intensive week on Parliament Hill. The program is based on the principle that in order to successfully convey the issues and intricacies of modern Parliament to their students, teachers need opportunities to develop and sustain a creative, critically engaging curriculum.

I hope that as a result of this week participants will gain an insider's view on the workings of government and the legislative process, the key players, their functions and activities. We also hope that this opportunity to connect with other educators will produce creative ideas and useful tools for teaching young Canadians about citizenship and parliamentary democracy.

I am particularly proud this year that my daughter, Megan, is among the participants.

[Liberal Government of Canada, November 4th, 2003]

Mr. Speaker, it is with great pride that I rise in the House today to congratulate the government on 10 remarkable years of achievement.

It was 10 years ago today that I, along with so many others, arrived here on Parliament Hill to mark the beginning of a new era in Canadian politics. We were entrusted by Canadians to give them a new and better government, and we have more than fulfilled that challenge.

The Liberal government has lowered taxes and brought in six consecutive surpluses. We have invested in the priority of Canadians, in health care, infrastructure, communities, the environment and in Canada's future through the Canada child tax benefit, scholarships and innovation funding.

We built a safer and more just society domestically and we took a leadership role in the world, especially with the landmines treaty and the new partnership for Africa.

I cannot list all our accomplishments in just one minute, however, I ask my fellow parliamentarians to join me in celebrating this triumphant day for all of us.