House of Commons photo


Crucial Fact

  • His favourite word was offence.

Last in Parliament September 2008, as Liberal MP for Welland (Ontario)

Lost his last election, in 2011, with 14% of the vote.

Statements in the House

Tourism Industry May 4th, 2007

Mr. Speaker, the government created anger and upset when it scrapped the Liberal GST tourism rebate program. Now we have confusion and continued worry in the Canadian tourism industry with the government's weak imitation that applies to registered tour groups only. The program used to be available to all visitors to Canada.

Why does the government insist on nickel and diming our tourism industry to death and putting thousands of jobs at risk?

Criminal Code May 3rd, 2007

Quite frankly, Mr. Speaker, I would have thought that the government would have taken this opportunity to rectify that situation. When the courts have clearly said that prohibitions of this nature are homophobic and discriminatory, I think it would have been prudent on the government's part to allow that amendment to go through.

It would have been a good opportunity to do that. It is disappointing that it perhaps did not happen. Notwithstanding that, I make no judgment call on the sexual act itself. That is not our function. When the court does make that finding, then we have a duty to respond accordingly and clear up that situation.

Criminal Code May 3rd, 2007

Mr. Speaker, I have seen those commentaries and certainly I think it is a stretch to call kissing a sexual activity. It perhaps could lead to sexual activity, but ordinarily speaking, kissing is a sign of affection and friendship. We see that even in this place with members acknowledging each other with a little peck on either cheek, et cetera. For those reasons, I think it is a stretch to call kissing a sexual activity.

Criminal Code May 3rd, 2007

Mr. Speaker, I recall vaguely the situation that the member addressed, but I cannot put a date to it.

Certainly with respect to this legislation, it has moved along very expeditiously. The bill was introduced in June 2006. Shortly thereafter we adjourned for the summer. The bill came forward at second reading in October 2006. The bill went through in one day and was reported by the committee in April after hearings in March and April of this year. Knowing how justice legislation sometimes needs a lot of input, discussion and consideration, I would say that this current piece of legislation has moved very quickly. I would think the hon. member would appreciate that.

If this legislation had been in place when the situation with Mr. Walker arose, it very well might have given the police the tools to move on the situation. The good news is that this legislation will be in place before we adjourn for the summer, hopefully, so that similar situations will not have to happen and, again, so that the police will have the tools to be used to protect our children when required.

Criminal Code May 3rd, 2007

Yes, Mr. Speaker, my experience has been exactly the same as the hon. member's in his riding. There is a general feeling, a consensus and actually a shock when people perhaps appreciate that the age of consent is currently 14. The movement to increase it to 16 is seen as a very welcome initiative and one that will be well received in my riding.

Criminal Code May 3rd, 2007

Mr. Speaker, I am pleased to join in the debate on Bill C-22, an act to amend the Criminal Code of Canada regarding the age of protection.

This issue has been the subject of many private members' bills and proposed government legislation over many years and many studies by the Department of Justice.

It has also been the subject of much community interest, many white ribbon campaigns in strong support for raising the age of consent to 16 years of age while others have even advocated raising the age to 18.

Over the years the subject has generated numerous constituent letters, as well as press and editorial commentary in my riding of Welland. These representations have been heard and will be reflected in my support of the bill.

Bill C-22, an act to amend the Criminal Code regarding age of protection, amends the Criminal Code to raise the age from 14 to 16 years at which time a person can consent to non-exploitive sexual activity. The existing age of consent of 18 years for exploitive sexual activity will be maintained. This applies to sexual activity involving prostitution, pornography or where there is a relationship of trust, authority, dependency or any other situation that is otherwise exploitive of a young person.

Bill C-22 creates an exception with respect to an accused who engages in sexual activity with a 14 or 15 year old and who is less than five years older than the youth. It also creates an exception for transitional purposes for an accused who is married to a youth or who is the common law partner of a youth and is expecting a child with the youth and the sexual activity was not otherwise prohibited before the act comes into force. The bill maintains an existing close in age exception that exists for 12 or 13 year olds who engage in sexual activity with a peer who is less than two years older, provided the relationship is not exploitative.

The history of the age of consent has evolved considerably in the past century in that the existing Criminal Code prohibitions against sexual conduct with young people bears little resemblance to those that were in place as recently as 20 years ago.

Historically in Canada, the age of consent was 12 until 1890 when it was raised to 14. At no time has it ever been set higher than 14 in Canada. At one time Canadian criminal law did provide very qualified protection from sexual exploitation for females over 14. Between 1886 and 1988 there were several incarnations of a provision banning intercourse with a girl over 12 and under 16 who was of “previously chaste character”. This qualified protection for girls, not boys, applied only to intercourse and no other form of sexual contact.

In 1988 the qualified protection was revoked in favour of new offences called “sexual interference” and “invitation to sexual touching” that prohibit adults from engaging in virtually any kind of sexual contact with other boys or girls under the age of 14, irrespective of consent.

Introduced at the same time the offence of sexual exploitation also made it an offence for an adult to have any such contact with boys and girls over 14 but under 18 where a relationship of trust or authority exists between the adult and the child. This also means that child pornography includes any youth under the age of 18 regardless of consent.

The 1988 changes implemented more equitable, broad-sweeping protection for all young people regardless of gender, type of offence or the complainant's sexual history.

As time and further reflection have passed, an additional protection for youth has been advanced. In a previous Parliament, the Government of Canada tabled Bill C-2, the child protection act. As I do support raising the age of consent from 14 to 16, I was disappointed that Bill C-2 at that time did not do this, although I understand there was no consensus or agreement from the provinces which is required for this issue to move forward.

In its place the government proposed a new category of sexual exploitation that did not consider whether or not the young person, covering youth between 14 and 18 years of age, consented to sexual activity, but examined the relationship and motives of the accused.

The argument was that this provision should effectively prohibit any exploitive sexual activity between an adult and youth under the age of 18. I do think that this was a good provision and strikes at the heart of the intention of people who want to raise the age to 18. The call to increase the age of consent to 18 was all about protecting young people between the ages of 14 and 18 from exploitation and the new provision says that regardless of whether or not consent was given by the young person. I feel this is key. The nature of the power of dynamic in the relationship would be scrutinized by the court.

The current bill is not without its critics. One criticism of the bill that has been raised by those who generally support it is that the five year age exemption is too large. Rather than allowing a five year age gap, three years should be more than enough.

Some other supporters of the bill have proposed that the age of consent be set at 18. This would eliminate the anomaly of 16 year olds who can legally consent to have sex yet be unable to vote, serve in the military, smoke or drink. Many have argued that most teenagers do not have the maturity to handle the responsibilities that come with sex, such as practising safe sex and using reliable birth control. A more appropriate age of consent, they argue, would be 18, when one legally becomes an adult.

It is interesting to note that the most common age of consent in the United States seems to be either 16 or 18. Sixteen is the age of consent in Australia, Belgium, Hong Kong, Finland, The Netherlands, New Zealand, Norway, Russia, Singapore, the Ukraine and the U.K. Canada is now coming in line with these other countries.

Bill C-22 also addresses Criminal Code provisions regarding luring a child. Section 172.1 of the Criminal Code creates the offence of using a computer system to lure children for the purpose of committing certain sexual offences. The section lists various sexual offences, which depend upon the age of the child. The offence is committed if the child is under the particular age specified or if the accused believes the child to be under that age.

Subsection 172.1(3) sets up a rebuttable presumption that the accused believed the child was under the relevant age if there is evidence the child was represented to the accused as being under that age. There is no defence that the accused believed the child was over the relevant age unless the accused took reasonable steps to ascertain the age of the child.

New paragraph 172.1(1)(b) will make 16 the relevant age for the offence of facilitating the commission of an offence under section 151, which is sexual interference, section 152, which is invitation to sexual touching, subsection 160(3), which is bestiality in the presence of a young person, or subsection 173(2), which is exposure to a young person. These offences are being added to a list that previously consisted only of section 280, which is abduction of a person under the age of 14.

The relevant age for all four of the added offences will be raised from 14 to 16. Thus, the use of a computer system to facilitate the commission of these offences when the complainant is less than 16 is being made an offence.

Since 16 will now be the relevant age, paragraph 172.1(1)(c) is amended to remove reference to the age of 14 for offences under sections 151 and 152 and subsections 160(3) and 173(2). Henceforth, luring someone under the age of 14 by means of a computer system will be an offence only if it is done to facilitate the commission of an offence under section 280(1), which is, again, the abduction of a person under 16.

Members of our police forces welcome Bill C-22 for the very message it sends. They see a fair number of people between the ages of 14 and 16 being manipulated by older predators. Any new tools the police can use to stop predators are most welcome.

The bill will also change the way police investigate child pornography, underage prostitution and Internet luring. There will be a new group of kids being protected and a new group of pedophiles being charged.

Protecting our children, however, goes beyond a simple and arbitrary increase of the age of consent to sexual activity. It means addressing the broader issues of the safety and well-being of our children. Our objective is to develop and maintain effective, comprehensive measures to support provincial and territorial measures to improve public safety for children and to protect children from serious injury and even death at the hands of adults.

The achievement of this objective rests in a collaborative effort by the provinces, the territories and the Government of Canada. While the provision of services to children who are in need of protection is the responsibility of the provinces and territories, the assurance that appropriate offences and penalties are available for serious harm done to children remains the responsibility of the Government of Canada. By targeting extreme forms of harm through the Criminal Code, the Government of Canada will provide strong support for provincial and territorial initiatives to protect children.

St. Lawrence Seaway April 24th, 2007

Mr. Speaker, the St. Lawrence Seaway officially opened on March 20, 2007, establishing a new record for the earliest opening date. The 2007 shipping season marks the 75th anniversary of the fourth Welland Canal, which opened in 1932.

In a more environmentally sensitive climate, more people recognize that marine transportation is the most fuel efficient way of moving cargo while generating the lowest total volume of greenhouse gas emissions.

Sometimes dubbed the H20 highway, the seaway recorded a 9% increase in tonnage during the 2006 shipping season, reflecting the growing importance of shortsea shipping in complementing the road and rail infrastructure networks.

Currently there is still the capacity to increase cargo volume by over 60%. This is a tremendous opportunity in light of clogged land based arteries and an increasing desire among corporations to improve their energy consumption and greenhouse gas emissions.

The Welland Canal was an engineering marvel of its time in 1932 and continues to be an integral part of the Niagara economy and our local culture in Port Colborne, Welland, Thorold and St. Catharines.

Mel Swart March 27th, 2007

Mr. Speaker, on February 27 Niagara lost a long time political icon. Since 1947 Mel Swart served on Thorold City Council as Reeve, as Warden of Welland County Council, as a Niagara Regional Councillor, and finally as the Member of the Provincial Parliament from 1975 to 1988.

It was when his doctor told him that he must cut back on his 16 hour days that he retired from politics believing that he could no longer serve his constituency if he could not give the 110% that he always gave.

Originally a member of the Co-operative Commonwealth Federation and later with the New Democratic Party, Mel was a fine gentleman, respected by all and who worked tirelessly for his fellow man. He was a champion for social justice, the environment and consumer rights.

In recent years Mel was always still active on the campaign trail for his favoured candidate. In between campaigns Mel was often at community events in Thorold always advocating for his preferred projects.

Predeceased by his wife Thelma in 2001, Mel died at the age of 87. I extend my condolences to the children, Melva and Orlen and their families. Mel was a political legend and will be very much missed in Niagara.

Petitions March 21st, 2007

Mr. Speaker, pursuant to Standing Order 36, I rise to present a petition from the constituents of Welland riding. The petition calls upon the House to protect our children from sexual predators as a top priority. As 14 and 15 year olds are especially vulnerable to sexual exploitation, the petition calls upon Parliament to raise the age of consent from 14 to 16 years of age.

International Women's Day March 2nd, 2007

Mr. Speaker, March 8 is International Women's Day. Instead of celebrating achievements on that day, women across Canada are organizing conferences, seminars, marches and rallies to protest the Conservative government's attack on their rights.

Activists throughout the country are putting together a range of events. For example, in Halifax there will be a mock trial of the Prime Minister, in Vancouver a march, in Regina a rally on the steps of the legislature, and in Rimouski an equality reception.

Women are determined to send the message that they will not remain silent. They will continue fighting this anti-female and anti-equality government, and will not rest until equality is put back on track.

Putting equality back on track means that the cuts and changes to the Status of Women must be reversed. The women of Canada deserve no less and will accept no less.